Yeargan & Kert - April 2021

THE DEFENSE REPORT

APRIL 2021

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THE REMARKABLE HISTORY OF DISTRACTED DRIVING AWARENESS MONTH

Everyone knows that texting and driving is dangerous, but in 2008, people didn’t talk about distracted driving like they do now. But we should be talking about it now — even if you quickly check your texts, all it takes is half a second to change your life and someone else’s. Our lack of awareness changed because of a tragedy: On Nov. 25, 2008, Shelley Forney’s 9-year-old daughter, Erica, was riding her bike home. She was in the bicycle lane and only 15 pedals away from home when, suddenly, she was struck by an SUV head-on. The driver was finishing a phone call when it happened. Instances like this happen all the time, even today. Researchers in 2018 found that 1 in 5 victims of distracted driving is injured while riding bikes, scooters, walking, etc. Erica’s severe brain injury killed her two days later, on Thanksgiving Day. Shelley Forney felt incredibly alone. It was unfathomable to her that people weren’t talking about the deadliness of distracted driving in the increasingly technology-centric world. But while losing a child can cause parents to completely shut down, instead, it launched Shelley into action. Shelley shared her story on “The Oprah Winfrey Show” and other talk shows. Losing her daughter became a starting point for a new career in advocacy and outreach for educating drivers on the deadly usage of cellphones and driving. By 2009, Shelley joined other victim advocates to create the nonprofit organization Focus Driven Advocates for Cell Free Driving. After four years, she became an independent safety consultant and public speaker. Today, she’s spoken to over 850,000 people about the dangers of distracted driving. Unfortunately, the problem is still very prevalent today, especially among teenagers. According to a phone company survey, almost 100% of teenagers agree that texting and driving is dangerous, yet half admit to doing it anyway. And it’s as common among students

earning A and B grades as it is among students earning C, D, and F grades, according to a 2019 study by the CDC’s Youth Risk Behavior Surveillance System. If you’re worried about your kids and want to cover all the bases for talking to them about distracted driving, then search for the Centers for Disease Control and Prevention’s official Parent-Teen Driving Agreement. It lists an awesome set of agreements that your teenager can pledge to abide by. The awareness of its guidelines and rules may be just enough to save their lives.

Remember, nine people are killed every day due to distracted driving. Please stay safe, and commemorate Distracted Driving Awareness Month by keeping your phone turned off while driving. –Jim Yeargan

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HOW TO GET FROM ‘ZERO TO ONE’

“What important truth do very few people agree with you on?”

them into a sort of mental kaleidoscope.”

That’s entrepreneur and author Peter Thiel’s favorite interview question. To Thiel, a person’s answer to that question provides insight into whether they’ll be able to find success as an entrepreneur. Ideally, if you can answer with something like “Most people believe in X, but the truth is the opposite of X,” then you’re well on your way from zero to one and creating an original business idea. That’s what Thiel explores in his book “Zero to One: Notes on Startups, or How to Build the Future.” “Zero to One” is all about coming up with and nurturing unique ideas, which are the foundation of game-changing businesses. As a co- founder and investor in a number of companies that have changed the business landscape, Thiel has some authority on this subject. He co- founded Cofinity (which later became PayPal) and invested in startups like Facebook, SpaceX, Lyft, and Airbnb whose ideas were so novel at the start that they were perceived as risky by many. Throughout the book, Thiel shares his wealth of knowledge garnered from a long, successful career of recognizing and acting on original ideas. According to him, and anyone else who has ever tried creating something wholly unique, developing an original idea is no easy task. The difficulty of originality even led Mark Twain to once say “There is no such thing as a new idea. We simply take a lot of old ideas and put

But in “Zero to One,” Thiel proves that coming up with original ideas is possible, and he

provides readers with helpful tips and lessons for how to get there. One such lesson: Stop trying to be the next Bill Gates or Mark Zuckerberg because “if you’re copying these guys, you aren’t learning from them.”

Thiel uses his favorite interview question to try to identify original thinkers. These are the people who take their businesses from zero to one because they looked at past successes and thought, “I can do it differently, and I can do it better.” If you want to be in that group, then reading Thiel’s advice in “Zero to One” is a great place to start.

What Happens if You Get a DUI on Federal Property?

If you are driving under the influence of alcohol or drugs and are arrested for that, the charges will be the same in the whole state, right? Not necessarily. That’s because Georgia contains federal land. DUIs committed on federal lands — national parks, national historic sites, cultural heritage corridors, national monuments, etc. — will be charged in federal court. Georgia’s federal lands include Jimmy Carter National Historic Site, Kennesaw Mountain, Martin Luther King Jr. National Historical Park, Ocmulgee Mounds National Monument, and the Trail of Tears National Historic Trail. There’s not a big difference between the federal DUI laws and Georgia’s state DUI laws. According to federal law, you are committing a DUI when you are driving under the influence of alcohol or a drug, or both, and you have a blood alcohol level of 0.08 or more.

The important thing you should be aware of is that the police officer can ask you for a sample, and you must take the test . If you refuse to take a test, that is considered a DUI refusal. In both federal and state courts, refusing to take the test is something extremely important. Both courts require the suspected drunken driver to take the test. If the driver is convicted of a DUI in federal court, there is a huge possibility they will get up to six months in jail. In the federal court, a magistrate hears the charges, unlike in the state court, where a judge hears the charges. In both courts, there is a possibility for negotiation for a settlement with the prosecutor. But that is your lawyer’s job. If you ever need our expert legal help, just give us a call.

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LAUGH IT OFF

HAPPY INTERNATIONAL BE KIND TO LAWYERS DAY!

Oh, goodness gracious — April 13 completely snuck up on us this year. What’s that, you ask? International Be Kind to Lawyers Day! Although lawyers get a bad rap, at Yeargan & Kert, we take deep pride in our friendly, incredible workplace and colleagues. Here are a few ways you can celebrate the legal profession with your family and maybe even inspire a few of your mini lawyers.

SPRING VEGETABLE AND CHICKEN PASTA BAKE

NO. 1: WATCH A MOVIE WITH LAWYERS IN IT.

Lawyers help imbue democracy into our American legal system by being a voice for civilians to fight for their own justice — legally and fairly. That leaves a lot of room for Hollywood drama! Walk in the shoes of a heroic attorney in a famed classic “To Kill A Mockingbird.” You could also have a blast with a classic chick flick “Legally Blonde.” If you haven’t seen the musical, it’s fantastic! We highly recommend it.

NO. 2: SHOW EXTRA LOVE.

INGREDIENTS • 1 cup cooked chicken, diced • 1 14-oz can artichokes, drained and quartered • 1 cup fresh asparagus pieces • 1/2 cup carrots, grated • 1 1/2 cups uncooked penne pasta

A fun activity for you and your kids is to send in a letter to a local attorney and ask them your child’s burning questions about their profession! Or you can do something much simpler and send them a simple message of thanks. Whether you have a family member or friend who works as an attorney, or you know an attorney you’ve enjoyed working with, it’s never a bad time to show extra appreciation for the times their legal expertise has been helpful.

• 1 3/4 cups chicken broth • 1/2 cup fresh chives, chopped and divided • 1/4 cup fresh parsley, chopped and divided • 2 tsp minced garlic • 1/4 tsp salt • 1/4 cup grated Parmesan cheese, divided

NO. 3: PUT IN A GOOD WORD AND GIVE THEM REFERRALS!

DIRECTIONS 1. Preheat oven to 425 F and grease an 8-inch square baking dish with cooking spray. 2. In the prepared dish, stir together cooked chicken, artichokes, asparagus, carrots, uncooked pasta, chicken broth, half the chives, half the parsley, garlic, salt, and 2 tbsp Parmesan. 3. Cover the dish tightly with foil and bake for 35 minutes. 4. Uncover and stir. At this point, check the pasta to make sure it is al dente. If it’s undercooked, cover the dish and return to the oven until pasta is tender. 5. Remove from oven and garnish with remaining Parmesan, chives, and parsley.

Word of mouth is one of the most reliable ways for any attorney to earn a new client’s trust and dive into their case right away. A referral is one of the highest compliments you can give. Take it from us: It means the world when you put in a good word! Thank you so much for reading and for all of your support — your referrals have been a huge part of our practice continuing to thrive in 2021. If you have friends or family who need our legal advice today, please give us a call! You are part of our family now, and we’ll do everything we can.

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INSIDE

History of Distracted Driving Awareness ‘Zero to One’: A Book Review What Happens if You Get a DUI on Federal Property? 3 Ways to Celebrate International Be Kind to Lawyers Day Spring Vegetable and Chicken Pasta Bake Vacations That Pay

VACATION DESTINATIONS THAT WILL PAY YOU TO VISIT

In the wake of COVID-19, tourist destinations worldwide have been hit hard. To lure travelers back, some places are offering steep discounts and other incentives throughout all of 2021. With cheap airfare and great deals on accommodations, tours, food, and more, you can take a luxury vacation on a dime this year. MEXICAN CARIBBEAN Few words evoke the image of beaches, sun, and saltwater like “Cancun” does. This Mexican locale has become synonymous with leisure, as have other destinations in the Caribbean — beautiful places like Isla Mujeres or the Riviera Maya. Tourists can visit all of them at a steep discounted rate until the end of 2021 thanks to promotions from the Hotel Association of Cancun and the Quintana Roo Tourism Promotion’s council. Head to En.Come2MexicanCaribbean.com to find vouchers for two free nights in a hotel for every two you pay for, steeply discounted airfare, and even options for free food and drinks. THAI PARADISE Although it’s no longer the hidden destination it once was, there are still a lot of good reasons to visit Thailand. In addition to being an affordable place to travel, Thailand also has great food and an amazing climate. To make up for the financial hit due to suspended travel because of the virus, the Cape Fahn Hotel is offering

incentives into 2021 including a complimentary upgrade to the next class of care, which gives economy spenders access to executive accommodations. Other incentives include free meals, round-trip airport service, and discounted beach picnics and boat tours. Check out CapeFahnHotel.com/offers for more information. WHISTLER, BRITISH COLUMBIA Although this destination in British Columbia might be known for its winter activities, there’s a lot to love about Whistler in late spring and early summer! One great thing? The amazing array of money- saving options you can find here. The Riverside Resort, for example, is offering mountain-view cabins at a 3-for-2 discount — pay for two nights and get a third for free! Traveling to Canada can be tricky at the moment, but if you use a good travel agent, you can take advantage of some great deals. Other incentives in the region include free meals (or a per diem meal rebate) as well as discounts on guided tours.

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