The NC DWI Guy

On today's episode, special guest James Gilchrist shares the recipe for his firm's success: employee retention. In this episode hear James discuss the family culture that he has created with his team, three of whom have been with him since he started his firm in 2016. If you want to avoid turnover and hire right, this episode is for you. Highlights: ·      Listen as James shares why he has been so...

If you want to get the 2024 marathon started off on the right foot, take a listen to today's episode for three tips on setting yourself up for success in achieving your Everest-sized Goals.

On today's episode Jake reviews the recent unpublished North Carolina Court of Appeals decision in State v. C.K.D. In C.K.D. the Court upheld the trial court's dismissal of a DWI based on State v. Knoll . Highlights: ·      Hear the very interesting and important facts surrounding the defendant's detention in this case. ·      Learn why the magistrate's Findings of Fact that defendant had ".17 BAC...

On today's episode Jake reflects on his ultramarathon journey in Kings Mountain racing the Beast of the East. During this 100-mile trail run featuring over 19,000 ft. in elevation gain, Jake discovered a number of life lessons applicable to lawyering, business, parenting, spirituality, relationships, and much more. If you are looking for a good kick start reflection to 2024 then this episode is fo...

On today's episode Jake continues the conversation on discovery tactics in a DWI case. Question: what's the best way to know exactly what an officer is going to say from the witness stand? Answer: have a recording of the officer's testimony under oath regarding the case from a prior hearing. How do you accomplish this in a DWI case in district court? Take a listen to today's episode to find out. H...

Death is an unescapable reality. On today's episode Jake speaks to the importance of reflecting on this fact in setting your goals for 2024. If you want to achieve your most important goals in 2024 don't skip this reflection on the importance of a Memento Mori mindset (Latin for remember you will die).

On today's episode Jake continues the discussion he began last episode on how to get discovery on your DWI cases. If you are trying to convince your local district attorney's office of adopting an open file discovery policy on DWI cases (or streamline or expand the policy if your DA's office already has an open file policy), Jake shares the outline for getting this conversation off the ground.   H...

On today's episode Jake discusses how to get discovery in district court. Having the benefit of seeing a variety of discovery policies from district attorney's offices across the State, Jake discusses best practices for getting the most critical evidence back on your case: the officer's reports, body camera, and dash camera. You cannot meaningfully defend a DWI client without receiving and reviewi...

On today's episode, special guest Andy Kite shares his recent hiatus from the practicing criminal defense. Discover the reasons Andy stepped briefly away from the law, how he successfully wound down and subsequently reopened his law office, and the incredible lessons learned from his journey across the globe. If you feel stuck in the law or just need some ideas on how to plan short- or long-term r...

On today's episode Jake shares life lessons learned as a result of the inaugural Freedom Fighters Summit. Regardless of whether you attended the Summit, these lessons can be immediately implemented in your life. Get ready to take some notes!  

On today's episode Jake gives an overview of the implications of the Pretrial Integrity Act, which became effective on October 1, 2023 as it relates to DWI charges.

Danny Glover has been trying DWI cases for nearly three decades and on today's episode Danny shares some of his tips and strategies for handling a DWI. If you are looking to improve your client communication and courtroom skill then don't miss out on this master lesson in DWI representation!   Highlights: ·       Listen to Danny explain his strategy for getting evidence suppressed voluntarily by t...

Gearing up for Q4 of 2023 and for the new year in 2024, Jake discusses some of the most common problems with goal setting. On today's episode Jake discusses how to create Big Hairy Audacious Goals and why impossible dreams are so important to our lives. If you are intent on maximizing your human potential and living the life of your dreams, this episode is for you!

This week the North Carolina Court of Appeals held in State v. Jacobs that the odor of unburned marijuana coming from Defendant's vehicle was grounds for reasonable suspicion to stop the vehicle. In this episode, Jake looks at the lack of meaningful distinction between marijuana and hemp and how to attack a stop based on the odor of marijuana post- Jacobs .   Highlights: ·      Understand (admitte...

One of the biggest frustrations for business owners is figuring out how to off-load their tasks onto employees. If you want to create a culture where team members aggressively seek out solutions to problems and take the initiative on tasks that are not in their "job description" this episode is a must listen.   Highlights: ·      Understand how your mission and core values create a decision-making...

As noted on Episode 144, there has been a steady decline in certified DRE officers over the past decade. As a result, in some jurisdictions there has been an increased use of DRE officers to provide testimony in drug impaired DWI cases where no DRE was utilized at the time of the initial DWI investigation. In this episode, Jake reviews two recent unpublished cases from the Court of Appeals on DRE...

Adam Everett owner of Everett Law Office, PLLC is a criminal defense lawyer and former prosecutor. However, for today's purposes Adam's most relevant experience is the time he spent in the Wake County Detention Center as a North Carolina magistrate judge. Adam conducted countless DWI initial appearances as a magistrate judge and on today's episode he discusses the initial appearance through that l...

While we are all familiar with the saying that "Rome wasn't built in a day," James Clear, author of Atomic Habits , is attributed with adding "but they were laying bricks every hour" to this adage. On today's episode Jake discusses two opposite but equally devastating attitudes that can wreak havoc on the growth of your firm: an expectation of overnight success on the one hand, and complacency on...

A person charged with their first DWI offense goes from 0 to 60 when it comes to sentencing if they have a passenger under the age of 18 in the vehicle.  Being able to discuss the sentencing and driver's license consequences of having a minor in the vehicle during the initial consultation is critical to adequately preparing your client for court and helping your client navigate the collateral dama...

What's the best investment in your firm? If you are thinking it's technology, office space, legal research manuals, or online advertising you are incorrect. The best investment you can make to grow and flourish is in your people, beginning with the man or woman staring back at you in the mirror. On today's episode, Jake gives questions for reflecting on how to invest in yourself and your team.

You have probably heard of the 10,000 hour rule which was highlighted in Malcom Gladwell's bestseller Outliers . Gladwell's theory is that it takes 10,000 hours of practice to achieve mastery in any complex skill. Being an articulate and prepared lawyer and small business entrepreneur are extremely complex skills, and in order to become a master you have to put in the hours. On today's episode, Ti...

On today's episode, Jake sits down with criminal defense master Chris Fialko . Over more than three decades of practicing law, Chris has honed his skill of being a courtroom warrior. Originally having a heavy district court and DWI practice, Chris shifted his focus to "white collar" defense in the 2000s. Don't miss out on Chris' incredible insights for client communication, case preparation, and t...

On today's episode, Jake sits down with Robert Ingalls, the CEO and Founder of LawPods , a production and marketing company that helps lawyers build their brand through podcasting. Robert's shares his remarkable and thought-provoking journey to creating his podcasting company. Dreams of being a criminal defense lawyer inhabited Robert's mind from a young age, and he lived out that fantasy once he...

Episode 169: eCourts with Lindsey Granados eCourts has hit North Carolina and in this episode special guest Lindsey Granados shares the current state of practicing in a county where eFiling has been implemented. This filing system will have a massive impact on your practice regardless of where you reside. Don't miss out on Lindsey's incredible practical tips for preparing for eCourts to come to yo...