The NC DWI Guy

Groundbreaking technology is coming down the pike in the world of impaired driving. In 2021, Congress passed the Infrastructure Investment and Jobs Act, which included a section on Advanced Impaired Driving Technology. The Act states that "to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new...

CHECKPOINTS State v. Parham , 2022 NCCOA 584 (N.C. App. 2022) (unpublished) Holding: Signed authorization of a checkpoint by a supervising officer prior to its initiation is irrelevant as long as the supervising officer gives sufficient verbal instruction on how the checkpoint is to be conducted. Practice tips: (1) focus cross-examination on the specific instructions (verbal or written) being give...

A Man for All Seasons , the 1966 film based on the life of Sir Thomas More won six Academy Awards including Best Picture, Best Director, and Best Actor. During the film, Richard Rich, an ambitious young man, is seeking More's assistance in finding a position at Court . More tells Rich that he has found him a teaching position. When More tells Rich that he might be a great teacher, Rich responds de...

An out of state prior DWI or DUI conviction can frequently rear its ugly head in a North Carolina DWI sentencing hearing. Does the prior conviction aggravate or grossly aggravate the sentence? Only if the trial judge finds as a matter of law that the out of state offense involving impaired driving is substantially similar to North Carolina's impaired driving statute. In today's episode we take a d...

Professional poker great Doyle Brunson once said "poker is war. People pretend it's a game." There are many lessons from the game of poker that can be applied to the Courtroom. If you want to improve your chances of winning in poker, you need to understand the game you are playing. If you want to improve your chances of winning at trial, listen to today's episode. Highlights: ·       Learn how to...

Leadership guru Jocko Willink advocates taking a position of being default aggressive. In business, Willink describes default aggression not as angry behavior but rather as an attitude of action, an attitude of getting things done. On last week's episode, Rob Heroy discussed how being a professional poker player has made him a better attorney because (to paraphrase) it helped him to develop an att...

On today's episode Jake and guest Rob Heroy discuss a variety of topics, including: law, running, and poker. Rob is a partner at Goodman, Carr, Laughrun, Levine & Greene and is the immediate past President of the Mecklenburg County Criminal Defense Bar. He has taught a number of criminal defense CLEs and taught advanced criminal law courses at the Charlotte School of Law. Being a former assistant...

Jake spent part of his weekend volunteering at the Hellbender 100 trail race in Black Mountain. On today's episode, Jake offers his takeaways from working at the aid station and applies them to the practice of law. So many incredible lessons learned from an endurance sport that apply to playing the long game in professional life.    Highlights: ·       Hear Jake talk about the importance of inspir...

On today's episode Jake explores the minutiae of North Carolina's DWI sentencing statute, N.C.G.S. § 20-179. Having previously done a deep dive on the big picture of § 20-179 on Episodes 31-33, Jake looks at the less frequently cited sections of NC's DWI sentencing framework. Highlights: ·       Learn the strict criteria required for a judge to impose supervised probation on a level 3, 4 or 5 sent...

Having discussed how to avoid burnout back on Episode 157, Jake looks at the flip side of the coin on today's episode: how to build the dream job as a criminal defense attorney. Do you have a dream law practice? If so, congrats! If not, take a listen to today's episode to get some practical tips on how to create the practice that will fill your cup.   Highlights: ·       Finding the mission of you...

When can the police seize the vehicle of a defendant charged with DWI? When can your client get his vehicle back? What is the court process for requesting the release of a vehicle seized as a result of a DWI charge? These questions are answered by Jake on today's episode. The NC DWI Guy discusses the statutory framework for vehicle seizure in North Carolina as well as some useful practice tips in...

Mental stress in the criminal defense bar is frequent and can be devasting to a lawyer's practice and life. On today's episode, Jake analyzes three sources of burnout: task burnout, people burnout, and purpose burnout. Jake offers practical solutions to lawyers facing burnout in these areas and calls listeners to find more joy in their law practices. Highlights: ·       Listen as Jake dispels a co...

On today's episode, Jake interviews his good friend and former law professor, Dr. Scott Broyles. Professor Broyles eared his Ph. D. in Philosophy from the University of Dallas in 2003 and his J.D. from Washington and Lee University in 1990. Professor Broyles worked for a decade as an Assistant United States Attorney in the WDNC initially specializing in organized crime and drugs. He ultimately ser...

In this episode, Jake takes on the common formula often argued by prosecutors at a probable cause hearing: odor of alcohol + positive PBT = probable cause. After reviewing the relevant statutory framework and seminal cases on this issue, Jake gives criminal defense lawyers three counterpoints that debunk the State arguing that an odor and an Alco-Sensor justify an arrest for DWI. Given the frequen...

Have you ever represented a client who is a member of the armed services? Do you wonder what happens to a servicemember who receives a DUI off base or during a period of leave? On today's episode, Steven Goralski shares practice tips for representing a member of the armed services in state court and outlines the potential disciplinary responses the military can impose on a member charged with a DU...

Robert K. Corbett, III has a passion for criminal defense and trying cases that is contagious. On today's episode Rob shares his story on how he became a trial lawyer and tips for improving your trial techniques. As a seasoned trial lawyer, former long-time ADA, and adjunct professor of trial advocacy and trial team, Rob's trial tips are a must listen for any attorney hungry to try more cases.   H...

In a closing argument, understanding how to present the rights of your client and the missed opportunities of the officer can be very powerful themes. In today's episode, Jake reveals how to explain the rights of your client to the jury in a meaningful way, especially in a refusal case. Jake also explains how to exploit sloppy/lazy officer investigations during closing by harping on the officer's...

On today's episode Jake finishes a 3-part series on making ordinary everyday choices to accomplish big long-term goals. In his incredible work The Slight Edge , Jeff Olson communicates the power of the seemingly most unimportant decisions, especially when compounded over time. "Do the things you've committed to doing – even when no one else is watching." In this episode, Jake applies lessons learn...

On today's episode Jake continues his a 3-part series on maximizing your daily routines to accomplish big long-term goals. Jake begins today's discussion of how to maximizing your daily and weekly schedule by sharing the opening story from Will Smith's autobiography. Smith discusses how the seemingly impossible task of building a wall starts with laying the perfect brick right now.  Listen as Jake...

On today's episode Jake begins a 3-part reflection on the mentality necessary for maximizing your daily routines to accomplish big long-term goals. "I don't have time," is a lie we all tell ourselves. What we really mean when we utter this lie is "that's not a priority." "The inches we need are everyone around us," says Al Pacino during his famous speech in Any Given Sunday . In football, success...

On today's episode Jake takes an in-depth look at one of the most commonly utilized forms in NC DWI cases, the Affidavit and Revocation Report (DHHS 3907). Filled out in nearly every DWI cited statewide, this paper is used primarily to revoke a person's license for the purposes of a civil revocation and in willful refusal cases for the purpose of a refusal revocation. In this episode, Jake discuss...

Looking for ideas on how to springboard your law firm this year? Take a listen to Freddy Woods , Jake's close friend and legal entrepreneur. Fred is a seasoned trial lawyer, who has litigated a wide range of both civil and criminal cases, including: murder, auto and truck litigation, oil rig and maritime litigation, state and federal criminal defense, white collar financial crimes and civil asset...

What does leadership have to do with practicing law? Everything! On today's episode, Jake sits down with his close friend and business coach Ali Ghaffari . Ali is currently an executive coach specializing in organizational health, leadership, and team development. Ali is a former naval fighter pilot, instructor pilot, and officer. Ali ended his service in the Navy by teaching leadership developmen...

On today's episode Jake sits down with his close friend and law partner Lance Williams . Lance joined the Minick Law team over 10 years ago and became an equity partner at the firm a couple years back. After hearing about Lance's background in the military and law enforcement, listeners who have the chance to see Lance do battle in the courtroom will not be surprised by his warrior mentality in tr...

On today's episode, NHTSA training guru Anthony Palacios is back on the podcast to discuss what a DRE brings to the investigation and eventually to the courtroom on a drug impaired driving case. After discussing the extensive training and experience that DRE officers receive, Anthony will also address the increasing lack of utilization of DRE officers nationwide as well as what is responsible for...