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Yeargan & Kert LLC - August 2021

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THE DEFENSE REPORT

AUGUST 2021

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WHY YOU NEED UNINSURED AND UNDERINSURED MOTORIST COVERAGE PROTECT YOUR FAMILY AND PASSENGERS

As you may know from a few newsletters back, we’re now partnering with a few of the state’s best personal injury attorneys! One important aspect of what they do is help people who get injured in car accidents — but not everyone who gets into a crash has the proper insurance to cover the other person’s medical bills. Here’s the hard truth: Liability car insurance (required by the state) only pays out to the other driver if you damage their car or injure them. If you get into a crash and the other driver doesn’t have insurance (or not enough), then you don’t have any way to pay your medical expenses. What do you do if your family’s hospital bills cost more than $50,000, but the driver responsible only carried the state minimum of $25,000? Sometimes, personal injury attorneys can help you scrape by, going through every single insurance policy that your family owns. Other times, there’s no option to get financial relief. According to a 2021 study by the Insurance Information Institute, 1 in 8 drivers in Georgia is uninsured — leaving you and your family vulnerable to high medical bills. There’s likely many more that are underinsured or simply carrying the state minimum. That’s why you need uninsured (UM) and underinsured (UIM) motorist coverage to protect you, your family, and any other passengers in your car. Yes, it can even protect people in your car who aren’t tied to your plan! Truly tragic stories are out there about accidents while parents carpool children, but having UM and UIM coverage ultimately save the lives and livelihoods of their families. Even if your agent says you have “full coverage,” this doesn’t mean you’re guaranteed something as important as UM and UIM coverage. It would be prudent to look at your policy and ensure your plan actually

includes these types of coverage so you can have peace of mind when you need it most.

Also, you may want to consider getting “add-on” instead of “stacking” UM and UIM. “Stacking” means your coverage may stack per car that you own (example: $100,000 accident coverage limit for one car, $200,000 limit for two cars). However, stacking also doesn’t “add” on top of the other person’s coverage. This means if the other person has $100,000 in coverage, you’ll still only get $100,000 because that was your limit. Add-on coverage means the limit is ‘added onto’ the opposition’s coverage. Best of all, your UM and UIM coverage likely doesn’t cost more than a few dollars a month. It’s not an expensive type of coverage, but it is a coverage that most people tend to skip out on — to the detriment of their own future. Please don’t make this mistake! And if you have

any questions, don’t hesitate to give us a call. Thanks so much for reading, and I’ll catch you next month.

–Jim Yeargan

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THE REVENUE ACT AND THE HISTORY OF THE FEDERAL INCOME TAX LINCOLN’S LAW

Even with the extended May deadline, we’re well past tax season, so why talk tax history now? As it turns out, it was in August way back in 1861 that the Revenue Act was passed, which imposed the first federal income tax. If you’re trying to recall your American history lessons, you may have already figured out that it was President Abraham Lincoln who signed this bill into law. A LOOK AT THE FIRST TAX The Revenue Act called for a 3% income tax on Americans making over $800 a year. That’s almost $26,000 in today’s dollars. The tax was levied primarily to fund the Civil War. While federal income tax dollars are spent in myriad ways today, defense remains a major category. About 16% of taxes collected for the 2019 tax year were spent on U.S. military and defense. CHANGES OVER TIME About a decade after the Revenue Act was passed, it was repealed. While it was possible

to coax income taxes out of Americans during wartime, there was significant opposition to taxation following the end of the Civil War. It wasn’t until the 16th Amendment was ratified in 1913 that the federal government once again got the power to tax individuals on their income and to spend the money how government officials saw fit, rather than in proportion to state populations. Since then, taxes have been used in three main ways: mandatory spending on programs like Social Security, Medicare, and veterans’ benefits; discretionary spending on defense, education, transportation, and health; and finally, interest on the national debt. As the old saying goes, two things are certain: death and taxes. However begrudging Americans are about paying taxes these days, income tax has become a given.

Caution:

You Can Still Get Arrested Even if You Pass the Breathalyzer Test

called the DUI “Less Safe” rule means that, while you are driving, you have a certain percentage of alcohol present in your blood system. For most drivers, that limit is 0.08%, but for commercial drivers, that limit is 0.04%. When it comes to the drivers who are under 21 years old, the law is much stricter, and the limit is 0.02%. In order to find out whether you are under the influence of alcohol or any other substance that interferes with your driving skills, the highway patrol can do several things to determine your BAC (blood alcohol concentration). If the patrol officer suspects you are driving under the influence, the officer can check your condition by observing your car on the road, paying attention to your ability to walk and talk, paying attention to your smell, making

you take the sobriety test, and making you take the Breathalyzer test. Adding up all of these things, the patrol officer can, together with the prosecutor, charge you with a DUI, even if your breath test is under the limit. Also, the police officer may be a witness in court and testify that you were intoxicated while driving. It is a common situation when the police officers will claim the driver wasn’t able to drive, even though the test shows the opposite. So, even though the sobriety test shows the alcohol level in your blood system is under 0.08%, you should know that state law in Georgia says you can still be arrested. But that doesn’t mean you will be convicted of a DUI. If the sobriety test shows your alcohol percentage is under the legal limit, there’s a good chance a judge will dismiss the charges. Call Yeargan & Kert, and our expert team will fight to protect your future.

When you blow into a Breathalyzer and the result is below a 0.08% blood alcohol content, you might think you’re home free. However, that’s not the case. The laws in Georgia state that you can be arrested and/or fined, even if the test shows that your blood-alcohol level is below the legal limit. In the law of Atlanta, a provision

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LAUGH IT OFF

ARE YOU BACK-TO-SCHOOL READY?

Even if you’ve been out of school for years, both the young and old enjoy the excitement of the back-to-school season! It’s still one of the best times of the year to pick up your office necessities and much more. Today, we’re going to be focusing on the “much more.” Here are a few things you’ll likely want to pick up for your home.

EASY FOIL-GRILLED SAUSAGE AND VEGETABLES

WALL DECOR

Every beautiful office and college dorm feels a little more complete with beautiful wall decor — maybe that’s why they tend to go on sale this time of year! Whether it’s paintings, photographs, mirrors, or even something more practical like a wall clock, this is a great time to pick out a few from your favorite retailers. (Also, neon signs have been trending lately on social media. Perhaps consider getting one of those!)

COMPUTERS AND TABLETS

This one is a little more obvious, but this is a great time of year to take advantage of technology sales before the full swing of fall sets in! Check out refurbished and new deals alike (as well as trade-in deals), and you’re likely to find a wonderful upgrade compared to whatever computer or tablet you’re currently using!

INGREDIENTS • 4 sausage links of your choice • 1 lb green beans • 1 red bell pepper, diced • 1 yellow bell pepper, diced • 1 red onion, diced • 1 zucchini, diced • 1 yellow summer squash, diced

• 3 tbsp olive oil • 2 cloves garlic, grated

NEW BEDDING

• 1 tbsp thyme • 1 tsp oregano

If you’ve been meaning to buy new cooling bamboo bed sheets for the overheating sleeper in your life, this is the perfect opportunity! Sleep well all year long by picking out the right bedsheets for you or replacing the old, worn-out sheets you had. Pro tip: The higher thread count may be softer but will often keep you warmer as well. Pick what’s right for your sleeping habits!

• 1 tsp basil • 1 tsp salt • 1 tsp crushed red pepper (optional)

DIRECTIONS 1. Preheat your grill to medium heat or your oven to 425 F. 2. In a large bowl, add all of the ingredients and mix well. Divide into four equal portions. 3. Prepare four 16-inch pieces of foil and place a portion in the middle of each section. Wrap each foil piece tightly and avoid holes. 4. Grill each foil packet for 20 minutes, flipping halfway through. You can also bake each packet for 20 minutes at 425 F.

CLOTHING

Every kid, from kindergarten to college, enjoys the confidence new clothes can give them. That’s why clothes are so popular during the back-to-school season! And they’re likely going to be on sale for you, too. If you’ve been putting off buying new threads, this is a great opportunity. Make your life a little easier and more comfortable this season! From everyone at Yeargan & Kert, we hope you enjoy the rest of your summer.

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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

This Will Protect Your Family on the Road for Life Do You Know Which President Imposed the Federal Income Tax? I Passed My Sobriety Test, but I Was Still Arrested — Why? Take Advantage of Back-to-School Season! Easy Foil-Grilled Sausage and Vegetables Will a Night at the Movies Change Forever?

WILL A NIGHT AT THE MOVIES CHANGE FOREVER?

MOVIE THEATERS IN POST-PANDEMIC TIMES

Out of all the businesses hit by the COVID-19 pandemic, few were affected more than movie theaters. For the past year, as movies have debuted on streaming services rather than in theaters, many industry leaders, critics, and theatergoers alike have raised the alarming question: Did COVID-19 kill the movie theater industry? In short? No. Not by a long shot. Though the past year has left the industry somewhat beleaguered (AMC closed 60 theaters permanently, Cineworld reported losses totaling $2 billion, and the Alamo furloughed more than 5,000 employees). Yet, despite all of this, a night at the movies is here to stay. When a Vox reporter reached out to various moviegoers about whether they would attend theaters once the pandemic ends, many of them said yes because streaming a film in their living room just can’t provide the same experience. Watching a movie in a theater completely immerses one in the experience — you can’t pause the film to watch later or do chores. And you’re in it with the whole theater. Comedies are funnier when you laugh with others. A hero’s triumphs are more spectacular when you cheer them on together. (Who didn’t go nuts when Captain America caught Thor’s hammer in “Avengers: Endgame”?) When you leave the

theater, you feel a little closer to the strangers around you, and having been immersed in the movie alongside your friends, you can discuss how you liked the movie on the way home. Of course, movie theaters will still change as a result of the pandemic. Theaters are working to become more digital, some even moving to eliminate paper tickets and creating options to order concessions before your arrival. More theaters may promote private viewings of movies so people can be more careful about whom they watch movies with. Some theaters are also trying to create more of an “experience” for moviegoers by offering a wider array of food and even comfier seats. However, these changes, especially given the circumstances of the past year, are hardly surprising. The movie theater industry has been evolving for over 100 years, and it certainly won’t stop evolving now.

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