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Yeargan & Kert LLC - November 2021

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THE DEFENSE REPORT

NOVEMBER 2021

AtlantaDUILawyer.com 404-467-1747

AND SERVING YOU IS A BLESSING I HOLD DEAR COUNTING BLESSINGS THIS THANKSGIVING

I cannot wait for Thanksgiving at the end of the month. Turkey, cranberry sauce, stuffing, mashed potatoes, and green bean casserole? Yes, please! Also, Thanksgiving means football — you can’t forget football! The spirit of Thanksgiving is one of happiness, love, thankfulness, appreciation, and family. Family means many things to me — inclusiveness among immediate family members; friends who have become family; coworkers who make the office a warm, happy place; and clients with whom I’ve formed a bond. I am incredibly grateful for my clients. Naturally, I appreciate that I have clients who have entrusted me with their cases — without clients, the firm would not exist. However, my thankfulness comes from a place of genuine gratitude for all that my clients have taught me, the purpose they provide for me, and the relationships I form along the way. My clients have taught me that my work has an overarching purpose. My profession serves the intrinsic good of justice. I serve to make a difference and to make sense of something when my clients may be feeling left alone in the dark. I work to deliver the best possible results and to be that change the world needs to see. My clients have taught me that I can never prepare enough. Whether I am anticipating questions the opposing counsel may ask a client or playing out a “worst case” scenario in my head, there is no such thing as being overprepared. I have also learned that organization has no limit. Copious notes and long lists are essentials. In practicing law, there is always an opportunity to help. When my clients may be fearful and nervous about the potential results of their case, I am their reassurance. My clients teach me patience with the process and system, respect for all I encounter, tenacity in working to achieve the best result possible, and virtue in setting the record straight. I defend some of the most genuine individuals, and forming a

bond with each and every client comes naturally to me. Every case is a very trying and personal experience, and I am humbled to get to know the client on a personal level. I’ve come to realize they make just as much of an impact on my life as I make on theirs. The opportunity to serve a just system and do good work for others builds a large capacity for caring, generosity, and meaning in my life. I have learned much about myself through my clients. My clients are now all family at Yeargan & Kert, and this Thanksgiving, and every other day, I am grateful for them. Thank you for making me the lawyer I am today and for instilling in me the drive to be a better lawyer tomorrow. Being able to do something I love while meeting and working with fabulous people — you just can’t beat that.

To all of our clients, have a Happy Thanksgiving — I wish you all a beautiful holiday with your friends, family, and those you hold dear.

–Jim Yeargan

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3 GOALS EVERY ENTREPRENEUR NEEDS IN 2022

By now, you should have an idea of what you want your business to achieve in 2022, but have you considered how you will grow during that year — and the impact that could have on your business? Often, entrepreneurs and business leaders take on the identity of their companies, but in order to personally thrive and see their companies take off, they have to grow right alongside it.

GOAL NO. 2: SAVE MORE

Many of the dimes you earn as a business owner go back into the company, but don’t forget to consider your future. Is your retirement plan in order? Do you have a plan should your company need to close? Will your family be secure? Consider these questions and hire a trusted financial advisor who can help you find personal investment success.

To do so, consider these goals all entrepreneurs must focus on at some point in their careers.

GOAL NO. 1: GET A LIFE

GOAL NO. 3: MEET NEW PEOPLE

You are more than the company you started. Plus, having hobbies or personal interests outside of your work can help you excel in work. It allows your brain to grow in new ways, sparking fresh ideas and perspectives. Consider activities that you’re interested in learning more about — like painting, podcasting, reading, or running — and get started. Maybe you’ll fail, but just keep trying! You may find a new activity that brings you the joy you need.

Becoming inundated by daily, menial tasks can make us miss opportunities. This is where meeting new people can be so valuable! By doing so, you create a network of people who have different experiences than your own. They can help you see beyond your biases and discover a new path. Who knows? You just might find the next great venture for your company!

MYTHS SURROUNDING GEORGIA DUIs WHAT ’S REAL AND WHAT ’S JUST LEGAL SMOKE?

MYTH NO. 2 If you are not drunk, you cannot get a DUI.

Navigating a DUI means trudging through many misconceptions. Some people may not know the first thing about what to expect in the event of a DUI, others may only know what they have heard via hearsay or seen on TV, and a few may have a good idea of how the process works with some questions.

This is also false. The legal limit is 0.08% blood alcohol content (BAC). For commercial vehicle operators, the limit is 0.04%, and for those drivers under the age of 21, the limit is 0.02%. You can certainly be arrested for a DUI without feeling intoxicated.

DUI processes vary from state to state and case to case, and thus, many myths arise.

MYTH NO. 3 I won’t lose my license or serve jail time if it is my first DUI offense.

MYTH NO. 1 An attorney cannot help if you’ve failed your sobriety and/or breath test.

Again, this is false. The law requires that all DUI offenders, regardless of whether or not it is their first offense, serve at least 24 hours in jail and potentially face up to 12 months in jail, along with a routine 12-month driver’s license suspension. It is important that you know and understand your rights and have proper representation to ensure your rights are protected. Call us today for assistance, questions, or concerns!

This is incorrect. If you perform a field sobriety test, the law enforcement officer evaluates your performance and this can be subjective. A law enforcement officer must follow a standardized procedure to make this test valid. This means that if any portion of the test deviates from the standardized procedure, the sobriety test may not be upheld in court. Also, physiological conditions are known to impact the accuracy of the breath test. Low body fat, an empty stomach before drinking, or being diabetic can impact the breathalyzer’s ability to retrieve an accurate reading. An attorney can use any of these factors to nullify these tests.

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CRACKING DOWN ON BUCKLING UP

LAUGH IT OFF

GEORGIA’S SEAT BELT LAWS EXPLAINED According to the Centers for Disease Control and Prevention (CDC), more than 32,000 people lose their lives each year in car accidents. Although new technology aids in making vehicular travel safer each year, seat belt use cuts the risk of injury from a motor vehicle crash in half. In Georgia, primary seat belt laws are in place. This means that any law enforcement officer can stop a vehicle and write a ticket if they observe noncompliance with the state’s seat belt law. In some other states, tickets can only be issued if the vehicle is pulled over for another reason and the seat belt infraction is then observed. The law states that drivers must wear seat belts at all times when operating a vehicle, and front seat passengers must always wear a seat belt while the car is in motion. If a passenger is under the age of 18 and sitting in the back of a passenger vehicle, a seat belt must be worn. If the passenger in the rear of the vehicle is over the age of 18, they are not required to wear a seat belt.

BAKED CORNBREAD AND CHORIZO STUFFING

Spicy, savory, and sweet, this unique stuffing will level up your Thanksgiving table.

DIRECTIONS 1. Preheat your oven to 350 F. INGREDIENTS • 1 lb Mexican chorizo • 1 white onion, chopped • 1 carrot, chopped • 1 celery rib, chopped • 3 garlic cloves, chopped • 2 cups premade cornbread, crumbled

So, what does this all mean for drivers?

• 1/4 cup cilantro, chopped • 1/2 cup chicken stock • 1 tbsp unsalted butter, for greasing • Cilantro, for garnish • Cotija cheese, for garnish

If passengers do not follow the seat belt laws within Georgia, the driver could face legal consequences. It is important to do a security check of your own before driving if you have passengers in your vehicle. There are, however, a few exceptions to the seat belt law. A driver or passenger does not need to wear a seat belt if they are frequently exiting the vehicle or delivering property from the vehicle as long as it does not exceed 15 mph. If an individual has a written letter from a doctor stating they do not need to wear a seat belt for medical reasons, they are excused from this law. Lastly, if the vehicle is an emergency service vehicle, riders do not need to wear seat belts.

2. In a large skillet over medium heat, cook the chorizo for 5 minutes. Add the onion, carrot, celery, and garlic. Cook for 10 additional minutes. Stir in the cornbread and cilantro. 3. While stirring, slowly add the chicken stock. Stir until absorbed. 4. Butter a small casserole dish, then add the stuffing in an even layer. Bake for 20 minutes, garnish as desired, and serve!

If you or your passenger has been accused of not wearing a seat belt, and you require assistance fighting the ticket, call us today!

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Yeargan & Kert, LLC 3715 Northside Parkway Building 100 Suite 500 Atlanta, GA 30327 404-467-1747 AtlantaDUILawyer.com

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INSIDE

Counting Blessings This Thanksgiving

3 Personal Goals to Make 2022 Better

Myths Surrounding Georgia DUIs

Georgia’s Seat Belt Laws Explained

Baked Cornbread and Chorizo Stuffing

Why You Should Visit New England for Thanksgiving

WHY YOU SHOULD VISIT NEW ENGLAND

DURING YOUR THANKSGIVING WEEKEND

Last year, travel restrictions kept many families from gathering together in their homes for Thanksgiving dinner. This year, it appears that people will be able to travel freely to most locations. While a “destination Thanksgiving” might not be something you’ve ever considered, for some families, it can mean the perfect blend of quality fun and family time in an exciting new city. So, why not take advantage and bring your family to visit New England, the part of the country where Thanksgiving began? If you need more reasons than just the origin of a famous holiday, consider the scenery. If you’ve never visited New England in the fall, it’s something that every person should do at least once in their lives. The variety of colors on display in the trees throughout the quaint downtowns and nearby forests is completely unique to that part of the country. There’s a reason that “visiting Boston in the fall” has become not only a popular vacation but also part of the American lexicon as well. As for what you could do when you’re in New England for your Thanksgiving weekend, there are a few popular destinations you just have to see for yourself. First and foremost among these are the Plimoth Patuxet Museums. When you visit, you’ll be transported back in time to one of the earliest settlements in the United States,

where the Pilgrims and the Wampanoag people shared the first Thanksgiving dinner.

Other fun destinations in that immediate area also include wandering the quaint historic downtowns of Ipswich, Sturbridge, or several other colonial era towns. You can also find tons of fun shopping destinations in Beverly, Massachusetts. If you want your experience to be a little more rural, you can travel out to Lake Winnipesaukee in New Hampshire, or Woodstock, Vermont, to experience a true traditional Thanksgiving celebration at Billings Farm and Museum. Even though your family might not be used to traveling for Thanksgiving, how many opportunities will you have to visit Thanksgiving’s birthplace during the season? It’s the kind of vacation you don’t want to miss!

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