The NC DWI Guy

On today's episode Jake reviews the recent North Carolina Court of Appeals opinion, State v. Dade . In Dade , the Court decided that the State does not have the authority to enter notice of appeal as to a district court judge's granting of a defendant's motion to suppress or dismiss until the district court has entered a written preliminary indication as required by N.C.G.S. § 20-38.6(f). Jake dis...

On today's episode Jake unpacks the recent North Carolina Court of Appeals opinion, State v. Holt .  Decided shortly after Justin Philbeck's deep dive into this issue on Episode 259, this opinion brings clarity to the issue of substitute analyst testimony on blood testing cases in North Carolina. Highlights : ·       A deep dive into the Court's reasons for excluding substitute analyst testimony a...

Today's episode is a bittersweet reflection on the business lessons Jake learned from his father-in-law, Dennis Sadelson, on the one-year anniversary of his death. Lesson 1 – Become a Self-Made Master of Sales Dennis built mastery through constant reading, listening, and learning from others in sales, wealth, and business — not formal education. Find mentors and masters in your own areas of growth...

Today Jake focuses on a single, powerful theme:  Nothing Easy . The "Nothing Easy" Mentality for Defense Lawyers As a DWI defense attorney, the prosecution often has the deck stacked in its favor. The state is on offense, and in many DWI cases, both the facts and the law lean toward the prosecution. Don't forget the famous words of Carl Sandburg: "If the facts are against you, argue the law. If th...

Episode Summary In this episode, James shares 10 powerful business and life takeaways from a recent pilgrimage along the Camino de Santiago in Spain — a trip taken as a chaperone for his daughter's senior class trip. 1. Pack Intentionally What you carry must match your specific journey — not a one-size-fits-all approach. In business, this means being fully prepared for court, client meetings, or a...

In this episode, Jake explores the importance of stepping outside your comfort zone, drawing inspiration from reading  The Lord of the Rings with his sons. He emphasizes that in today's rapidly changing world—especially with the emergence of AI—professionals must either grow or risk falling behind. Key Topics: Legal Wins Through Novel Arguments Jake shares recent DWI cases where unconventional leg...

Today Jake is joined by former elected DA Ben David and former DRE Joe Fitzgerald as they discuss how to leverage defensive driving school on traffic cases. Joe and Ben are the President and Legal Counsel of the National Crash Prevention Program , which delivers top shelf driving school options to those facing traffic citations in NC. On today's episode Joe and Ben discuss their experiences in the...

As lawyers we are advocates for our clients. Advocating usually means we are asking a clerk, an assistant district attorney, or a judge to take some action or rule in a specific way that will benefit our client. Essentially we are professionals at asking for favors. So how do you become a lawyer or paint your client in a way that makes other people want to help him or you out? That's the question...

We're back! In the most unlikely of relaunch subjects, Jake explores powerful lessons from the dramatic collapse of Crumbs Bake Shop—a company that grew from a single Manhattan storefront to 50 locations and $66 million in revenue, only to go bankrupt within years. Through this lens, Jake reflects on his own journey at Minick Law and in his personal life, examining the critical balance between gro...

On today's episode special guest Justin Philbeck shares strategies for attacking substitute analyst testimony, particularly on blood results involving drug impaired driving cases. After a decade as a prosecutor, including five years as a Regional Traffic Safety Resource Prosecutor with the NC Conference of DAs, Justin stepped into criminal defense and concentrates his practice in DWI, traffic fata...

On today's episode Jake has sales and intake conversion guru Tony Le of the Law Firm Mentor on the podcast to discuss why most law firms ignore potential client conversion rates, where he has seen the biggest gains in intake with the firms he has coached, tools that are available for increasing sales, the biggest mistakes intake specialists and attorneys make during a consult that decrease convers...

On today's episode Jake has rising legal star Benjamin Waldman of King Law on the podcast to discuss building client trust, utilizing the catchall mitigating factor in DWI sentencing, building a personal brand within a law firm, and working through imposter syndrome. Benjamin's passion for criminal defense work is built around the intimacy of the attorney client relationship. If you are a lawyer w...

This week Jake finishes his 5-part Dojo ("the place of the way") series by reflecting on the ultimate legal dojo: the courtroom. The courtroom is where every legal warrior must be repeatedly tested, beaten, and embarrassed in order to achieve greatness. Jake discusses how to generate confidence in trying cases and the proper legal mindset to carry into the courtroom with you. Come to order and get...

This week Jake continues his 5-part Dojo ("the place of the way") series by reflecting on the places where legal education occurs and how to become a better student of the law within those spaces. If you want to be an expert in a field, according to Malcolm Gladwell, you need to put in 10,000 hours of practice. Jake discusses how to utilize the spaces of learning whether that's your car, the attor...

This week Jake continues his 5-part Dojo ("the place of the way") series on maximizing your time by mastering your calendar space. This is the most exciting episode of the series for Jake, because he believes that if you can master your calendar you can go from being a mediocre to guru lawyer and from middling firm owner to thriving entrepreneur. If you want to be more productive and fulfilled as...

This week Jake continues his 5-part Dojo ("the place of the way") series on maximizing your office space. If you spend 20 hours a week in your office for 50 weeks a year, then you are in your office for 1000 hours annually. Making sure your office space is uplifting and clean is essential to avoiding professional burnout and maximizing your work time. If you want to be more productive and fulfille...

The NC DWI Guy is finally back and kicking off a 5-part DWI essentials training series. The translation for the Japanese word "Dojo" is "the place of the way." In this series Jake identifies fertile training ground for becoming a better DWI warrior. In today's episode, Jake discusses the importance of the consult for establishing trust and growing your business and gives practical tips on how to b...

Just because an issue on a DWI case is novel, doesn't mean it's not worth pushing. If you want to give yourself the best chance of presenting a nuanced issue to a district court judge, Jake shares 5 tips to give your client the best chance of success. If you want to be the lawyer that provides cutting edge criminal defense and looks at a case from every angle, this episode is for you!

You are in for a real treat when you tune in to today's conversation with Tony Scheer . After graduating from UNC Law, Tony began his legal career in 1992 as a law clerk for a federal judge. After his clerkship, Tony spent four years as an ADA in Mecklenburg County, before entering private practice where he has passionately devoted his last 27 years to defending individuals charged with crimes ran...

Why is running your practice so hard? Regardless of whether you have been in business a week or entering your twentieth year of firm ownership, the challenges you face in running your practice can keep you awake at night. On today's episode Jake looks at three major obstacles facing small business owners (the law school mindset, lack of feedback loop, and a constantly changing market) and how to o...

On today's episode Jake continues his series on increasing your conversion rate by telling you how to answer your client's objections, even when they are unspoken. Learn how Jake has been able to uncover the unspoken objections of potential clients, and how to craft your response to the same. If you want to help more clients in the courtroom you have to get hired on more cases, so don't miss these...

On today's episode Jake shares a recording of a recent CLE he taught through the Mecklenburg County Bar . If you are looking to aggressively defend a DWI case, cross-examination begins with the SFST Participant Manual. Referred to affectionately by Jake as the bible of DWI Defense, the Participant Manual allows you to lock in the training, reports, and testimony of the officer on your DWI case. Do...

Increasingly lawyers and law firms are advertising themselves as "trial lawyers." Every attorney admitted to practice law in North Carolina has the ability to take a case to trial in the district and superior courts throughout the State, so what does it mean to be a "trial lawyer?" On today's episode, Jake lays out five defining characteristics of a true trial lawyer.

Do you want to help more clients? Marketing companies offer all kinds of creative ways to advertise your legal services, but the easiest way to get more clients is to have more of the potential clients that call your firm hire you. This is the first in a series of episodes focused on increasing your potential client conversion rate. In today's episode, Jake emphasizes the critical importance of re...

Ready to attack 2025? Don't sit back and wait for your calendar to fill up with other people's requests for meetings, court dates, and to dos. Now is the moment to grab 2025 by the horns! Listen to Jake reflect on the importance of visualizing your year on the front end so that all you have to do come January is execute. Don't miss this episode!