Frye Law - January 2020

THE Defender

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I want 2020 to be all about connection. This year, my resolution is to deepen and broaden my connections with my children, my clients, my employees, my friends, and my own health. I’m participating in a five-day challenge with other female lawyers to be intentional in the new year. Each of us picked a word we wanted to drive 2020, and I picked connection because, deep down, I think it’s what we all yearn for. I like to joke with my friends that it’s like on the airplane: If I don’t put on my own mask first, I won’t be able to save anybody else, either. When I’m grounded and taking care of myself, I know I give my clients better representation. I am a better mother and a better friend. And so, in the spirit of connecting first with my own health and well-being, I got a Peloton this year — an indoor bike that allows me to take in-demand classes. So far, I’ve been working really hard to make sure I do something on the Peloton every single day, and it’s helping me stay engaged and connected to my physical self. Even today, I’m sick, I’m getting over a cold, and I’m tired. Still, I did five minutes of stretching, got on the Pelton for 15 minutes, and then did five more minutes of stretching. It’s not always about getting in that crazy hard workout. Sometimes it’s just about showing up.

As lawyers, we practice law because we’ve been called to, but truthfully, being a lawyer is both stressful and sedentary. When your job is all about putting out other people’s fires, it’s easy to lose track of your own needs. For example, I’d love to ride my Peloton every morning first thing, but I have to be in court by 9 a.m., ready to try a case. If I want to make sure I have time to take care of myself, I have to put in effort and make it a real focus. Ultimately, I know that when I take the time to connect with my physical self, it propels everything forward, making me better at all of the other things I do, from being a lawyer, a friend, a significant other to being a mother. When I first got my Peloton, I was on a streak. I rode every day for 17 days in a row. But then I got sick — and I mean really, really, can’t-get-out-of-bed sick. It would have been easy for me to push myself for perfection, to insist I get on that bike even though I felt like death, but I had to remind myself that connection is also about balance. When you get out of balance and try to get too many balls up in the air at once, you lose your connection. Sooner or later, one of those balls is going to come crashing down. –Kim Keheley Frye

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After losing an article of clothing from a dry cleaner, most would say “c’est la vie” and move on. At most, someone might leave a bad review and ask for a few dollars to cover the loss, but for one administrative law judge, that wasn’t enough. He decided instead to launch an all-out legal battle. Roy Pearson, a Washington, D.C., judge at the time, sought $54 million to cover the loss of his pants after his dry cleaner lost them. He argued that the “same-day service” sign located in the window of the dry cleaners meant that the company had to provide same-day service. However, Pearson never specified a specific time he needed his clothes returned. He also insisted that the “satisfaction guaranteed” sign meant that the cleaners had to satisfy a customer’s wishes without limit. Based on those arguments, he claimed the signs were fraudulent. After the initial allegations, the dry cleaners scoured their business to find the pants and, to their credit, found the judge’s trousers untarnished. Even so, Pearson argued that he didn’t need to prove the pants were lost or damaged to satisfy his “satisfaction guaranteed” claim. Unfortunately for the judge, the court found his position to be ridiculous and ordered him to pay the dry cleaner’s attorneys’ fees. In response, Pearson sought that his own attorneys’ fees be covered to oppose this motion.

of professional dignity. Ten years after the case closed, the District of Columbia Board on Professional Responsibility sought a 90-day suspension. As the board put it, Pearson “failed to conduct an objective appraisal of the legal merits of his position. He made and continues to make arguments that no reasonable attorney would think had even a faint hope of success on the legal merits.” From a legal standpoint, we’d call this judge’s behavior “dissatisfaction guaranteed.”

In the end, Pearson did pay the dry cleaner’s legal fees, but the case isn’t the only thing he lost. The verdict also cost the judge his job and any semblance


When asked the question, “Can I get a marijuana DUI?” there is a short answer: Yes. In Georgia, you can get convicted for driving under the influence of alcohol, a restricted prescription drug, an illegal drug, and marijuana. If you have cannabis or illegal drugs in your system in any amount, that legally constitutes driving under the influence. In fact, the consequences for a marijuana DUI are worse than they are for an alcohol DUI. If you get a DUI for marijuana, that conviction comes with a hard six-month driving restriction — something that does not come automatically with an alcohol DUI. Proving you were impaired while driving is a difficult thing for the state, and if you find yourself in this situation, it’s essential not to undergo any testing whatsoever. Georgia is an implied consent state, which means that by driving on the roads here, you’ve consented to a blood-alcohol test. You have the right to refuse a test, but you may face a suspended license if you do. A DUI of any kind comes with serious consequences. Once convicted, you could face a license suspension, have a limitation on your ability to travel in Canada for up to 10 years, and lose your ability to rent a car. Knowing your rights and taking the right actions when stopped for any kind of DUI offense is essential to protecting yourself from a marijuana DUI charge. If you find yourself in need of guidance, call Frye Law Group at (770) 919-9525.


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Recently, at Kim Frye Law Group, we’ve settled two DUI cases that had been going on for about a year. One was for a 19-year-old who had a marijuana DUI conviction that, through continued long-term effort, we were able to get resolved to speeding. The client has his whole life in front of him, and we are ecstatic he doesn’t have to carry a DUI on his record going forward. In the second of those cases, the police officer who was involved resigned. We relentlessly pursued the reason for that resignation, which resulted in a good outcome for our client. In the end, the charges were resolved just to a tag violation. We were so glad we advised our client to persevere. It took a lot of work on our end and on the client’s end, but it all paid off. It can be tempting when facing a DUI charge to settle the case as quickly as possible and put the incident behind you. When we decide to fight back hard, our clients might have to go to court multiple times. They might have to deal with a charge hanging over them as long as a year. But when you consider what is at stake — in Georgia, even a first-time DUI offense can come with jail time and up to a year of probation — it becomes pretty obvious that just accepting the first result that comes along isn’t good enough.

Through perseverance and continued action, we were able to get better results for our clients. It was well worth the effort on both of our parts.



Here at Frye Law Group, we love a good trivia question, and we want to invite you in on all the fun — and a chance to win a prize! Here’s how it works. We will provide a plot description of a well-known movie or movie series. All you have to do is send us an email at news@ as soon as possible, including your phone number and the title of the film(s). What’s the catch? The description provided won’t be like the ones you see on the back of the DVD case. The plot will be poorly (albeit humorously) explained, which makes the guessing a little trickier. Here’s one to get you thinking!

Everyone should be able to make pancakes without a boxed mix. This recipe is no-frills fantastic and can probably be made without so much as a trip to the grocery store.

INGREDIENTS • 2 cups all-purpose flour • 2 tsp baking powder • 1/4 tsp salt • 1 tbsp sugar, optional

• 2 eggs • 1 3/4 cups milk • Unsalted butter or canola oil, to grease skillet

DIRECTIONS 1. Heat a griddle or skillet to medium-low.

2. In a mixing bowl, combine dry ingredients (including sugar if you like a sweeter pancake). In a separate bowl, beat eggs into milk. Gently stir the liquid ingredients into the dry ones. Mix only until flour is moistened. Clumps are fine. 3. Add some butter or oil to the skillet. If the butter foams or oil shimmers, the temperature is correct. Pour in a pancake of any size, cooking until bubbles form, about 2–4 minutes. 4. Flip and cook other side for 2–4 minutes. Serve warm.

“Older sister ruins younger sister’s chance to be on national television.”

Can you guess the title from this poor description? Let us know! The first three responders to answer correctly will win a free gift card to Jack’s New Yorker Deli!

Inspired by The New York Times

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170 Anderson Street SE, Marietta, GA 30060 770-919-9525

Inside this Issue

Finding Balance Through Connection page 1

The Curious Case of Roy Pearson’s Pants

Can I Get a Marijuana DUI? page 2

From DUI’s to Minor Traffic Violations

Simple Pancakes From Scratch page 3

Enter 2020 With an Organized Computer page 4



Everyone relies on technology. Computers, laptops, tablets, and phones are staples of modern life. However, it’s easy for these devices to become cluttered with old photos, files, and general disorganization. Luckily, January is National Clean Up Your Computer Month and an excellent time to get your technology in order. START BY DUSTING Over time, computer towers can become clogged with dust, which creates additional, unwanted heat within your computer. Regular cleanings will increase the lifespan of your computer and protect its essential components. Compressed air is great for removing most of the dust and other particulates. If the fans or filters are too dirty, you can remove them from the tower to clean them better. If you use water or liquid cleaning products on them, be sure they are completely dry before placing them back into your computer. ORGANIZE YOUR FILES Naming and arranging the files on your computer in such a way that they’re easy for you to find can end up saving you a lot of time. Declutter your workspace by creating one file for pictures, one for Word documents, one for spreadsheets, and one for programs to eliminate the hassle of frantically searching for the files you need.

BACK UP YOUR COMPUTER Be sure to back up your computer before you start deleting things. This acts as a safety net in case you delete something you didn’t mean to. Additionally, consider installing a second hard drive. The extra space can help with storing important files without having to worry about how much room is left. CLEAN UP SPACE Any files you’ll never use again should be deleted. Likewise, any programs you haven’t used in a while should be uninstalled. Check your hard drive for files that might be taking up unintended space on your computer. And remember to empty the recycling bin — it’s easy to forget just how much goes in there.


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