Yeargan & Kert - June 2020

THE DEFENSE REPORT

JUNE 2020

AtlantaDUILawyer.com 404-467-1747

CELEBRATING THE INSPIRATIONAL DADS OF OUR TIME

NEWSPAPER DELIVERY MAN PROVIDES FREE GROCERY DELIVERY TO SENIORS Hundreds of people found an extra note in their newspaper one morning, with an offer to deliver their groceries for free. It began: “I hope this note finds you well. My name is Greg Dailey, and I deliver your newspaper every morning.” The idea started when Greg Dailey had dropped off a morning newspaper for an older customer. Then, he noticed that the senior didn’t want to walk down the sidewalk to pick up her newspaper. It was the start of the coronavirus outbreak, and he began to think about all of the folks who will be fearful to leave the house, even for necessities. “I was at the grocery store a couple of days later and started thinking about this 88-year-old lady and an idea just popped into my head,” said Dailey, who lives in East Windsor, NJ. “I called her up and said, ‘Hi, this is Greg, your newspaper guy — I’m at the store, do you need anything?’ ” Dailey had been a small business owner and newspaper delivery man for 25 years, waking up at 4 a.m. almost every day to finish his routine of dropping off newspapers to 800 homes. All 800 of those customers, including anyone else in his delivery area, soon received a note in their newspaper that listed available stores Dailey could shop for them, giving a completely free service along with his newspaper delivery.

Balancing work, health, and family-related stress has never been more challenging than right now — that’s why when fathers go the extra mile to support their families and communities, it’s that much more impressive. No matter how tough things get, these American dads don’t let it stop them from focusing on what’s most important in life: compassion for each other. ‘I CAN’T BE WITH YOU, BUT I’M HERE’: HUSBAND HOLDS SIGN OUTSIDE WIFE’S CHEMOTHERAPY Kelly Connor couldn’t bring her husband, Albert Connor, 44, to her next chemotherapy appointment due to the new COVID-19 pandemic restrictions. Being a busy father of three, Albert could have stayed home — but he felt that wouldn’t be right. Since his wife was diagnosed with breast cancer in January, he’d been to every doctor’s appointment, every test, and every chemotherapy appointment. Albert told “Good Morning America,” “I didn’t feel right not being a part of it because I had promised her that I would be there every step of the way, and I felt like I would be breaking my word.” On the day of Kelly’s chemotherapy session, Kelly, 40, had thought her husband was at home in Missouri City. She had texted him that she would be fine to go alone and drove herself to MD Anderson Cancer Center in Sugar Land, Texas.

Best of all, Dailey’s whole family is a part of the effort to help their community.

“You can’t have a better feeling knowing these people are really desperate for help and you’re doing something so small, but it’s huge in their lives,” said Erin, Dailey’s daughter. “It’s rewarding to be a part of the relief.” The Dailey family plans to continue the service for however long necessary. Whether it’s a small action for your family or a huge community action, fathers are contributing a lot to the relief efforts in this pandemic. Let’s not forget all the good things people are doing. We can contribute, too. Happy Father’s Day! –Jim Yeargan

Then, she got a text that he was in the parking lot.

Albert was there, holding a sign that read, “I can’t be with you, but I’m here,” including “Love you!” and a thank-you to the hospital staff. Both Albert and their three kids helped make the sign. Kelly describes the moment: “As soon as he texted me, I just kind of lifted up in my chair a little bit to peer out the window and he was just right there. It immediately brought tears to my eyes, and I felt a love for him right then in that moment, that he would do that for me.”

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UNSURE OF HOW TO LEAD YOUR BUSINESS THROUGH A CRISIS?

When business coach and scholar Helio Fred Garcia published “The Agony of Decision: Mental Readiness and Leadership in a Crisis” back in 2017, he had no way of knowing that a pandemic would break out just three years later. Now, his book about how to make tough calls under pressure is more relevant than ever for entrepreneurs. “The Agony of Decision” teaches that when your company is on the line, it’s quick thinking — more than smooth communication, effective execution, or even expertise — that can save it. The book offers a framework to guide you through the decision-making process, helping you identify and weigh each outcome, then choose the right one. Answer that first big question, Garcia teaches, and the rest of the tumblers will click into place, allowing you to lead your company forward. To prove it, he weaves his personal experiences and decision-making scaffolding with notable stories of past business failures and successes.

As one Amazon reviewer writes, “Helio Fred Garcia provides a thorough discussion of the do’s and don’ts of crisis response with both current and historical events (remember Exxon Valdez or Tylenol?) that clearly demonstrate the right way to respond … and the gateway to disaster.” With more than 30 years of experience mentoring massive international companies and nurturing business leaders at top American universities under his belt, Garcia is the perfect person to give voice to these tough lessons. His prose is self-assured, knowledgeable, and easy to read, which makes “The Agony of Decision” a surprisingly comforting book for an entrepreneur going through hardship. There’s a reason BookAuthority named it one of their best crisis management books of all time! In the last few months, the coronavirus has proven to be the ultimate test of crisis management. If you’re in the process of

figuring out how to lead your business effectively through the turbulence and could use a decision-making toolkit to help you when the phone rings with bad news, “The Agony of Decision” might be your ideal summer read.

Do You Know About Emergency Measures?

THE FLEXIBILITY OF DISASTER DECLARATIONS

The world is a rapidly changing place these days. As of writing, Georgia’s disaster declaration was approved, and our state of emergency is set to expire on May 12. By the time you read this, it’s quite possible that we are no longer in a state of disaster — however, it’s equally important to be aware of the effects of a disaster declaration and how quickly things can change within those rules.

then counties, then states and the federal government.

state of peace. While this isn’t the case in Georgia, that doesn’t mean it’s impossible to occur. Disaster Declarations can give public officials the power to exercise emergency measures to preserve life, property, and public health following a disaster. For example, individuals can be liable for the cost of rescue efforts if they ignore mandatory evacuations; this cost liability may also extend to situations related to a stay-at-home order. Stay aware of your local area and laws during these times! If you find yourself in any trouble or have questions, your friends at Yeargan & Kert can help you through it.

These declarations don’t just announce trouble; they’re also requests for aid funding from the federal government. There are two kinds of disaster declarations: Major Disaster Declarations and Emergency Declarations. Major Disaster Declarations are often requested when the disaster requires a bigger response than the state or local governments can provide, and usually implies long-term assistance programs. An Emergency Declaration is similar but doesn’t require long-term recovery assistance.

WHAT IS A DISASTER DECLARATION?

During a major event or catastrophe, the governor can file to make a Disaster Declaration. It’s commonly filed after a disaster, but it can also be made if the disaster is “imminent.” There’s often a “bottom-up” approach to disaster declarations: Cities will proclaim a disaster,

WHAT ARE ITS EFFECTS?

In Texas, all criminal charges are counted for a higher offense than they would in a

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YOUR MEDICAL MARIJUANA AND TRANSPORTATION EMPLOYMENT

LAUGH IT OFF

WATERMELON AND TOMATO SALAD WITH TURMERIC OIL

Anybody who relies on medical marijuana in Georgia knows that it’s been tough to obtain the THC oil they need. But, unfortunately, it can also be tough to maintain a job while using medical marijuana. Unlike with alcohol, the federal government hasn’t been proactive or decisive about the best way to determine “sobriety” when using marijuana. While a 0.08% BAC or higher means you’re legally impaired, there’s no equivalent to that for marijuana users. This is complicated for businesses that operate across multiple states especially, since many state and federal laws are still at odds with each other about the legalization of marijuana. That’s why the Department of Transportation (DOT) takes a firm position on medical marijuana users, stating on the official website: “It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.” With modern studies about the benefits of marijuana, the guidelines are outdated — however, it may be difficult to update them until we have a definitive system for testing marijuana sobriety. So, what can employers do? They have two options. Either they ask their employees to stop their medical marijuana medication, or they must terminate the employee following a positive drug test. In many states, this problem can still morph into more legal problems; terminations relating to medical marijuana can be challenged, even if employers have state protection from liability. While Georgia remains stringent on the legal uses for medical marijuana, even fewer industries are prepared to adapt to these changes. Transportation is just one among them. If you get charged for possessing medical marijuana and your job is at risk, call our office at 404-467-1747 and hire the top DUI attorneys in Georgia to help with your case.

This light summer salad is packed with flavor and color!

INGREDIENTS • 1/4 cup virgin coconut oil

• 1 tsp peppercorns, coarsely crushed • 1 tsp coriander seeds, coarsely crushed • 1/2 tsp cumin seeds • 1/2 tsp ground turmeric

• 4 cups seedless watermelon, diced into 1/2-inch pieces • 2 medium heirloom tomatoes, diced into 1/2-inch pieces • 8 oz mild feta, diced into 1/2-inch pieces • Flaked sea salt DIRECTIONS 1. In a small saucepan, heat coconut oil, peppercorns, coriander seeds, cumin seeds, and turmeric for about 3 minutes or until fragrant. Let cool slightly but do not let coconut oil solidify. 2. In a large bowl, place diced watermelon, tomatoes, and feta. Drizzle with oil mixture and finish with a dash or two of salt.

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Yeargan & Kert, LLC 1170 Peachtree Street Suite 1200 Atlanta, GA 30309 404-467-1747 AtlantaDUILawyer.com

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INSIDE

Celebrating the Inspirational Dads of Our Time

The Secret to Leading in a Crisis The Flexibility of Disaster Declarations

Why It’s Still Complicated to Use Medical Marijuana Watermelon and Tomato Salad With Turmeric Oil

Living Museums

LIVING MUSEUMS

OUR NATION’ S BOTANICAL GARDENS

In 1842, the Wilkes Expedition returned from its trek across the Pacific Ocean on behalf of the United States government, having visited parts of Portugal, Brazil, Antarctica, and Fiji. Among the specimens the explorers brought back from their travels were collections of plants gathered from around the world — just what the young nation needed to start its very first botanical garden. George Washington, Thomas Jefferson, and John Adams had a shared dream of creating a national botanical garden, but the idea didn’t really get off the ground until the Wilkes Expedition brought back the garden’s first plants. The United States Botanic Garden (USBG) was established in Washington, D.C., and four of the plants on display there today are part of the original collection brought back from the expedition. Since it’s not always possible to go on vacation and visit far-off gardens, many botanical gardens around the world have started bringing the flora right to you with virtual tours. In addition to the USBG, which offers virtual tours at USBG.gov/take-virtual-tour, check out these other gardens that allow you to explore without having to leave your home.

CHICAGO BOTANIC GARDEN In the spring, the Chicago Botanic Garden staff invited virtual visitors to join them for a nature moment. Garden staff shared images from around the 17 gardens kept there. The Chicago Botanic Garden continues to wow with virtual tours that, thanks to Google’s technology, make you feel as if you’re really there. Start your tour at ChicagoBotanic.org. WADDESDON MANOR AND GARDENS This historic site across the pond in England gives visitors detailed virtual views of the Waddesdon Manor and its stunning gardens. Each day at Waddesdon Gardens, the staff designates a specific area as a “Silent Space,” where visitors can go to disconnect and find peace. The Gardens also created a special message for their virtual visitors that we can all take to heart: “We encourage you to find a space in your garden or in your home that feels peaceful and designate a time each day to enjoy a quiet moment of reflection.” To see this historic site for yourself, visit Waddesdon.org.uk.

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