Frye Law - September 2019

THE Defender

SEPTEMBER 2019

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TWO ORGANIZATIONS THAT TEACH A VALUABLE LESSON:

Winston Churchill famously said, “We make a living by what we get. We make a life by what we give.” Anybody who has had the opportunity to give aid to others knows the value that any kind of donation can offer. Whether it’s a few extra dollars, blankets and clothing items, the ability to pursue an education, or a home to live in, the recipients in need of such gifts will be forever grateful for the generosity. As a kid, I watched as my mom worked multiple jobs to ensure that I had a roof over my head and good food on the table every night, and that experience taught me that if you have the means to help others, you should find a way to do so. A nonprofit I discovered several years ago is the Center for Family Resources (CFR), a Cobb County-based organization that works exclusively to serve local families and individuals who are either homeless or in danger of becoming homeless. CFR’s overall mission is to provide tailored, long-term supportive services — housing programs, life skills classes on budgeting and parenting, a job lab to help with career coaching, an on-site food pantry, and many others — to ensure that once clients exit their program, they will have all the necessary skills, tools, and resources to be self-sufficient. After seeing the immensely beneficial help that CFR provides our community through supporting their efforts, I was asked to join them as a member on their board of directors — an offer I gratefully accepted. Since then, I’ve been able to celebrate CFR’s wins with them as they’ve provided 483 homes and nearly 62,000 pounds of food to those in the community. They’ve also fed over 1,500 children from their food pantry, helped 10 people pass their GED examinations, and offered 583 individuals emergency rental assistance. It’s truly an honor to play a role in CFR’s amazing endeavors. Frye Law Group also backs efforts that support our clients. We support the Cobb County Accountability Courts. The Accountability Courts are aided by the county and state and offer those who have had run-ins with the legal system opportunities to work through their underlying issues in order to overcome them. Accountability Courts’ mission closely aligns with that of Frye Law Group’s: We believe that everyone deserves a second chance. Just last month, Frye Law was the title sponsor for a golf tournament, wherein all proceeds were donated to the Accountability Courts foundation, which helps the courts go further than the government funds. Every team in the tournament had four players that competed in a “best ball” scramble. While it was my first time ever playing golf, our team ended up winning! I have to give credit to the three fantastic and seasoned players on my team, but I will say that I did sink a putt

or two to help clinch the victory. Of course, the real victory of the day was the $22,000 we were able to raise to help sustain the Accountability Courts! It was a great occasion, and everyone had a lot of fun. In many of my past cases, I’ve helped my clients apply to an accountability court so they can participate in positive programs: drug treatment, mental health, parental and family dependency, and Veterans Affairs. These courts work to prevent individuals from becoming repeat offenders, and all the clients I’ve directed to any accountability court sing its praises. What impresses me about both CFR and Accountability Courts are the miracles they are able to work with a small amount of money. The difference they make in our community members’ lives is substantial, and I’m so thankful for their work. If you want more information about either of these organizations, you can go to TheCFR.org and CobbCounty.org and search Accountability Courts. You can always reach out to me here at the office as well!

–Kim Keheley Frye

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HOW A SMALL TOWN WENT BANKRUPT OVER A POTHOLE WHAT HAPPENED IN REED SPRINGS?

In 2002, the quaint town of Reed Springs, Missouri, declared bankruptcy. The hard decision came after the town was forced to pay $100,000 to Sally Stewart, a woman who sued Reed Springs after she tripped over a pothole during a shopping trip. News of a greedy woman ruining a small village to make a quick buck sparked outrage across the country. But Stewart wasn’t the real villain of this story. A little digging into this case reveals a much deeper conspiracy. Stewart had been visiting Reed Springs in 1998 when she tripped on a pothole hidden beneath some overgrown grass on the sidewalk. But this was no small stumble. Stewart tore two ligaments in her ankle and had to undergo surgery. To help pay for the medical bills, Stewart, who’d never sued anyone before, initially filed a personal injury lawsuit against the owners of the store in front of the pothole. However, the Missouri Court of Appeals determined the city of Reed Springs was liable for Stewart’s injuries. The court ordered Reed Springs to pay Stewart $100,000, over half the city’s annual budget. Despite the high price tag, in normal circumstances, this verdict wouldn’t have forced Reed Springs to declare bankruptcy because the town’s insurance would have covered the bill. Unfortunately, at the time of Stewart’s accident, the mayor of Reed Springs was a corrupt man named Joe Dan Dwyer. Dwyer left office while being investigated for insurance fraud, child pornography, statutory rape, witness bribery, and perjury, and he was later sentenced to seven years in federal prison. Among his many indiscretions, Dwyer also let the town’s

insurance policy lapse. Reed Springs didn’t have insurance when Sally Stewart got hurt, which is why they had to write a check out of their own budget and ultimately declare bankruptcy. In this case, what started as a simple pothole accident quickly unveiled the lasting damage of an unscrupulous politician. Perhaps this case serves as reminder about why it’s important to vote in local elections.

THANK YOU FOR ENCOURAGING US TO CELEBRATE AND GROW!

HELPING CLIENTS GET THEIR LIVES BACK

At Frye Law Group, we aren’t just in the law business; we are in the human business. We understand the work we do isn’t just about winning a case in court because, regardless of the specific circumstances, the results we achieve are literally life-changing. It’s for this reason that we are constantly looking for feedback from previous clients and other local attorneys to fully understand which areas of our approach to maintain and which to continue to grow, both individually and as a team. We’re grateful for two reviews we received recently! “Choosing Kim Frye as my lawyer when I needed help turned out to be my best decision. Kim was absolutely professional and helpful, as well as extremely thorough. Her understanding of the situation and her influence in my case made all the difference. I couldn’t recommend Kim enough for any person seeking legal representation. Thank you, Kim!”

to work out a way to find resolutions for both cases and ultimately help this client get her life back to normal. As a token of her gratitude, the client sent our office a bouquet of beautiful flowers (pictured). To these clients and the many others who have reached out to us over the years to help us reflect on cases, analyze our approach, and celebrate wins, we can’t thank you enough!

–Chad

The other review we received was from one of our most recent clients who came to us with a legal issue that was holding up her life. Finding a good resolution took a lot of time and perseverance, which was expected. But during that process, the court realized they had missed a previous case that was years and years old, and this mishap caused her current case to be held up even longer. Kim managed

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DON’T DIY WHEN DEALING WITH A DUI

WHY DO-IT-YOURSELF DEFENSE IS ALWAYS A BAD IDEA

Nowadays, DIY is a popular method for tackling a multitude of tasks. Want a mural in your nursery? Want to refurbish that old patio set? Do it yourself! With immediate access to step-by-step instructions via online platforms, people are no longer relying on expert assembly. They are putting on their work gloves and taking care of business their own way. When it comes to the vast majority of tasks, taking the DIY route isn’t just harmless; it’s ideal! You can save money, learn a new trade, and feel the satisfaction of self- accomplishment once the deed is done. Unfortunately, many have taken this trend a step too far, believing they can take on the case themselves in matters related to DUI charges. To that end, here are three serious reasons why DIY DUI defense is always a bad idea. 1. MAKING ASSUMPTIONS Many drivers think that if they blew into a breathalyzer or had their blood drawn, they have no reason to hire a defense attorney. They think the case is over before it even starts. But just because an officer believes they know what your blood alcohol level was doesn’t mean you don’t have a case. A plethora of factors can affect the reliability (and admissibility) of breath and blood testing. 2. UNDERESTIMATING THE CONSEQUENCES An unfortunate number of people arrested with a DUI charge decide to go to court sans attorney because they liken a DUI citation to a speeding ticket. Many of them

think, “I’ll just pay the fine and be done with it.” But, even after you pay the fine, you could be looking at jail time, years of probation, a suspended driver’s license, breath-testing ignition interlock device installation on your car, and treatment programs. Some people even face immigration or international travel problems, as well as issues applying to future jobs or schools. 3. SHARING TOO MUCH The right to remain silent is just that — a right. When many civilians try to represent themselves in court, they tend to overshare, thinking that the more details they offer, the more likely a judge will dismiss the charge. A good defense attorney will thoroughly listen to your story and advocate for you in court with your best interests in mind. If you’ve recently received a DUI, you don’t have to go at it alone. Attorney Kim Frye has successfully represented hundreds of clients in DUI cases. Give our office a call to see how she can help you!

TIME FOR A NEW FRYE LAW GROUP CONTEST!

BASIL BERRY SORBET

If you’ve been following along in our recent newsletters, then you know that here at Frye Law Group, we love a good trivia question. In the past, we’ve provided a quote from great films and asked you to guess from where the quote came. Now, we’re going to try something a little different. We will provide a plot description of a well-known movie. All you have to do is send us an email at news@fryelawgroup.com as soon as possible, including your phone number and the title of the film. What’s the catch? The description of the film 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! “A Midwestern-born American girl with a love for shoes accidentally invades a foreign land and kills local leadership, but struggles to find an exit strategy.” Can you guess the film 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!

Unlike standard ice cream recipes, this delicious sorbet doesn’t require fancy equipment or difficult prep. It’s also entirely dairy-free, making it the perfect vegan treat for the end of summer.

INGREDIENTS

• 1 cup sugar • 1 cup fresh basil leaves • 6 cups frozen mixed berries • 3/4 cup fresh lemon juice

DIRECTIONS

1. In a saucepan over high heat, combine sugar with 1 cup of water, stirring occasionally until sugar dissolves, creating a syrup-like consistency. 2. Remove syrup from heat, add basil, cover, and let stand for 15 minutes. Strain syrup into bowl and refrigerate until cold. 3. In a blender, combine syrup with frozen berries and lemon juice. Purée until smooth. 4. Transfer to a square baking pan, cover in plastic wrap, and freeze until set, about 2 hours. 5. Scoop and serve.

Inspired by Good Housekeeping

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

Inside this Issue

The Impact of Giving page 1

A Surprising Reason for Bankruptcy

Helping Clients Get Their Lives Back page 2

Don’t DIY When Dealing With a DUI

Basil Berry Sorbet page 3

Teach Your Kids Flu Prevention page 4

School is back in session, but your child may be bringing home more than just random facts. Germs and bacteria that spread the common cold and flu are most prevalent in schools, but while these illnesses are strong, prevention is simple. Teach your kids how to prevent the spread of bacteria this season with these helpful tips. PREVENT COLDS AND THE FLU WITH KID-FRIENDLY TEACHING TOOLS STOP THE SPREAD Kids learn more by watching what you do rather than listening to what you tell them to do. Get in the habit of covering your nose and mouth when you cough or sneeze, and then wash your hands. Make hand sanitizer and facial tissues readily available in your home and be sure to wash your hands before every meal. In addition, stick to healthy habits when you do feel sick. Drink fluids, get plenty of rest, and seek medical attention when it’s warranted. If your children see you taking care of yourself, they will be more likely to do the same for themselves in the future. BUT MOMMY DOESN’T COVER HER NOSE!

experiment to teach your children about the germs spread through just one sneeze. (According to research, sneezes can travel anywhere from 19–26 feet at 100 miles per hour!) For crafty kids, let them decorate tissue boxes or hand sanitizer containers to give hygiene some flair. Soon enough, you’ll find them being smarter about their health. As kids pack into classrooms this fall, germs will fly faster than this past summer did. Prevent the spread of the common cold and flu by learning more tips from the Centers for Disease Control and Prevention online at CDC.gov.

AHH ... AHH ... ACHOO!

Hand washing and nose blowing are about as fun as … well, just that. It’s no wonder children don’t want to take time out of their busy play schedules to combat nasty germs. Instead of making these important steps a chore, make basic hygiene fun. Use fun songs to teach the proper way to cover a sneeze, or do a science

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