Yeargan & Kert - January 2021

THE DEFENSE REPORT

JANUARY 2021

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CAN SELF-DRIVING CARS STILL GET YOU A DUI?

Nice to see you in 2021, friends. The future is here and now, and as we rapidly approach a future with self-driving cars in it, you’re not the only one wondering whether or not DUI laws still apply. Can you sit in the “driver’s seat” of a self-driving car while intoxicated? Would you be considered a driver or a passenger? There’s no doubt that more litigation is needed to know for sure what the courts will say, but, for now, here’s what we can tell from speculation. THE LIMITATIONS OF SELF-DRIVING CARS Veteran Joshua Brown adored his Tesla Model S so much, he put nearly 45,000 miles on it after nine months. Creating over two dozen Tesla-themed videos, Brown tested the Tesla S Autopilot system in multiple scenarios, even catching the attention of Elon Musk himself. Then, on May 7, 2016, the Tesla S failed to apply the brakes as a tractor-trailer made a left turn in front of it. It was the first casualty caused by a self-driving vehicle. Shortly after, Tesla released a statement recognizing the tragic loss and explaining that Tesla disables the Autopilot by default. Before it can be turned on, drivers must acknowledge that Autopilot is new technology and still in a public beta phase. The acknowledgment box also describes Autopilot as “an assist feature” that requires you to “keep your hands on the steering wheel at all times,” and “maintain control and responsibility of your vehicle.” This may lead you to think that drivers will always be held responsible for accidents made while using the Autopilot system, but the famous lawyer saying rings true: It depends. ABOUT ‘ACTUAL PHYSICAL CONTROL’ Have you ever heard of a parked car DUI? That’s right — even though the Georgia DUI law states, “A person shall not drive or be in actual physical control of any moving vehicle,” you can be in a perfectly still vehicle and still be charged with a DUI. The logic is that you may have had control of that vehicle beforehand and are only being caught for your DUI while parked.

There are ways to deduce whether the “driver” had actual physical control of the vehicle, even if it’s parked. Maybe the tires or hood are still warm or there are keys in the ignition. Maybe the car is parked in the middle or side of the road (but not a parking spot).

So, how do we deduce whether a “driver” had actual physical control of a vehicle while its in Autopilot?

Not unlike Joshua Brown’s curiosities about his own Tesla, we’d have to understand all of the advancements and limitations that exist within Autopilot technology. What types of decisions are most challenging for Autopilot to make? Was the driver/car forced to make any of those types of decisions while on their route? Whether this drive was done in a Tesla or another manufacturer’s car, could we say the driver was really in actual physical control if they never had to exert it? Overall, however, it’s much safer to get into a self-driving car while sober. The technology simply isn’t perfected yet. However, Arm — a British semiconductor and software company that powers nearly all of the smartphones in the world — claims that we’ll have more

widely produced, fully automated cars by 2027. So, there’s a lot of pressure to know the answers to all of our DUI questions fast. For better or worse, everyone will be finding out together.

–Jim Yeargan

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4 LEADERSHIP BOOKS YOU NEED TO READ BE A BETTER LEADER

‘PERSONALITY ISN’T PERMANENT: BREAK FREE FROM SELF- LIMITING BELIEFS AND REWRITE YOUR STORY’ BY BENJAMIN HARDY Organizational psychologist Benjamin Hardy makes a fascinating argument for why

For leaders at all levels in all types of business, 2020 was a tough year. Those businesses that managed to not only survive but also thrive all have one big factor in common: good leadership. If you want to be a better leader for your team in 2021, here are the latest leadership books you should add to your reading list. ‘FRIDAY FORWARD: INSPIRATION AND MOTIVATION TO END YOUR WEEK STRONGER THAN IT STARTED’ BY ROBERT GLAZER Glazer is an entrepreneur and bestselling author who has taken 52 of the most impactful stories from his inspirational newsletter that goes out to more than 100,000 readers and put them in one convenient book. These stories of struggling entrepreneurs who turned things around can give you the push you need to make an impact in your own circles and end your work weeks stronger than they started. ‘UNLEASHED: THE UNAPOLOGETIC LEADER’S GUIDE TO EMPOWERING EVERYONE AROUND YOU’ BY FRANCES FREI AND ANNE MORRISS Frei is one of the world’s foremost authorities on leadership. In her new book, she’s teamed up with Anne Morriss, a leader in the genomics industry. The book teaches leaders how to empower others. Great leadership takes grit, thick skin, and compassion, and “Unleashed” offers advice from top-performing organizations on how to best achieve all three.

your current personality isn’t the one that’s most important. His new book pushes readers to consider who they want their future self to be, and his ideas aren’t theoretical — they’re full of proven ways to change your priorities, break habits, and use your environment to make you a better version of yourself. ‘HONEST TO GREATNESS: HOW TODAY’S GREATEST LEADERS USE BRUTAL HONESTY TO ACHIEVE MASSIVE SUCCESS’ BY PETER KOZODOY The turmoil of 2020 has pushed brands to reconsider how they appeal to their customers. Many are walking away from deceitful promises and aiming for radical honesty and authenticity, instead. In his new book, Kozodoy examines how this revolution came to be and why it’s working. His guide teaches leaders how they can embrace these qualities to make their businesses better.

3 Most Famous Compliments In History

NO. 3: WHEN PRESIDENT JOHN F. KENNEDY PRAISED THOMAS JEFFERSON ABOVE NOBEL PRIZE WINNERS While a room full of Nobel Prize winners were being honored at a White House dinner, President John F. Kennedy shared a few words complimenting them and also heaping praise on Thomas Jefferson. “I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House,” said Kennedy. “With the possible exception of when Thomas Jefferson dined alone. Someone once said that Thomas Jefferson was a gentleman of 32 who could calculate an eclipse, survey an estate, tie an artery, plan an edifice, try a cause, break a horse, and dance the minuet.” What an inspiring compliment!

wary of this. Brando’s latest films at that point weren’t selling very well, and Brando was infamous for being demanding on set. To convince Brando to star in the movie, Puzo wrote him a warm complimentary note, saying, “I think you’re the only actor who can play the part of the Godfather with that quiet force and irony.” It worked! Once Coppola came on board, getting Brando was a sealed deal.

Did you know Jan. 24 is National Compliment Day? Think about the qualities you’re most confident about. It’s possible that you’ve heard multiple compliments about those qualities. Compliments can play a huge role in our confidence, and you have the power to impact someone else in the same way! Here are a few of the most famous compliments in history to show how a few short words have inspired big figures. NO. 1: WHEN THE AUTHOR OF THE GODFATHER WROTE A FAN LETTER TO MARLON BRANDO When Mario Puzo’s novel “The Godfather” became a bestselling hit, studio executives wanted to turn it into a movie. Before director Francis Ford Coppola came on board, though, Puzo already knew who he wanted to act as Vito Corleone: Marlon Brando. The studio was

NO. 2: WHEN CLYDE BARROW COMPLIMENTED FORD’S CARS

The infamous duo, Bonnie and Clyde, created a public, celebrity-status fascination with their lifestyle. Although they were always on the run, and Clyde Barrow reportedly couldn’t write very well, he still made time to write Ford about his favorite getaway car: The Ford V-8 Model B. “While I still have got breath in my lungs, I will tell you what a dandy car you make,” Barrow wrote. Only a month later, the duo met their ultimate fate.

It’s best not to keep all our great observations to ourselves. Share a compliment to celebrate!

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LAUGH IT OFF

WHAT TURNS A DUI INTO A FELONY?

Whether your case is related to personal injury or a DUI, you should know there are several ways in Georgia in which a DUI can be raised from a misdemeanor to a felony. Many individuals in Georgia who are stopped on the suspicion of driving under the influence will be charged with a misdemeanor. If one of the following occurs, however, that person could end up facing a felony DUI charge instead.

SLOW COOKER CHICKEN CASSEROLE

CAUSING DEATH OR SERIOUS INJURY

If a driver who is operating a vehicle while under the influence of alcohol causes an accident that results in serious injury or death, the driver can expect to face a felony charge. In these situations, it does not matter if the driver has had a previous driving offense. The penalties that a driver can face if someone is injured or killed in an accident are particularly severe.

DRIVERS WHO ARE CONSIDERED HIGH-RISK OPERATORS

Some drivers have jobs that require them to take care of the safety of others. School bus drivers, for example, fall into this category. In Georgia, high-risk operators who drink and drive can face several years in prison.

INGREDIENTS • 8 chicken thighs or

• 1 lb potatoes, peeled and cut in large chunks • 2 garlic cloves, sliced • 14 oz chicken stock • 1 sprig rosemary • Finely grated zest and juice of 1/2 lemon • 1/4 cup fresh parsley, finely chopped

drumsticks, lightly salted

• 1 tbsp olive oil • 1 tbsp all-purpose flour • 1 onion, finely sliced • 2 celery sticks, thickly sliced • 2 carrots, thickly sliced • 1 leek, thickly sliced

DRIVERS WITH MULTIPLE OFFENSES

Georgia law includes a time window with elevated penalties for drivers who have been convicted of a DUI. The more convictions that a person has, the more serious the penalties they can end up facing. If a Georgia driver has a previous DUI conviction within the last 10 years, then he or she can expect to receive serious penalties upon conviction of another DUI. Being convicted of a felony DUI in Georgia can result in numerous complications that can forever change a person’s life. In addition to potentially spending years in prison, drivers convicted of felony DUIs pay thousands of dollars in fines and often encounter problems in obtaining housing, loans, or employment.

DIRECTIONS 1. In a large frying pan, heat oil and fry salted chicken on high until brown. 2. Transfer chicken to the slow cooker. Add flour and stir. 3. In the frying pan on high heat, fry the onion, celery, carrots, leeks, and potatoes until lightly browned. Add garlic and fry for 30 seconds. 4. Transfer vegetables to the slow cooker and add the stock, rosemary, and lemon zest. 5. Cook on high for 2.5–3 hours or until chicken is tender. 6. Check seasoning and add lemon juice to taste. Top with parsley before serving.

Don’t wait — call Yeargan & Kert to stay on track!

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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

Can Self-Driving Cars Still Get You a DUI?

4 Books You Should Read to Lead

3 Most Famous Compliments in History

What Turns Your DUI Into a Felony?

Slow Cooker Chicken Casserole

These Old-School Hobbies Are Making a Huge Comeback

OUT WITH THE NEW, IN WITH THE OLD!

4 OLD-SCHOOL HOBBIES MAKING A MAJOR COMEBACK

January is National Hobby Month — and for good reason! As people set goals for 2021, they’re also thinking about trying new hobbies. But with so many out there, picking just one can be a hobby in itself. Thanks in part to COVID-19, many people have rediscovered old- school hobbies. Some of these have been around for decades or even longer, and others have established communities that can rely on one another for support, sharing information, and more. Here are four great examples. MAKING BREAD Over the last year, interest in this ancient hobby has skyrocketed. Homemade bread is tastier and more nutritious than store-bought, and it’s so satisfying to watch it come together. Not to mention it’s a great skill to have! With so many types of bread to try, you’re not going to run out of ideas any time soon. COLLECTING CARDS No matter what people were into during the ’70s, ’80s, and ’90s, there was a trading card game for it. And even going into 2021, that tradition has been kept alive. When many people were stuck at home last year, they rediscovered their card collections and remembered how much fun they were. As a result, card sales went through the roof, and online card communities lit up with activity from all over the world.

RESTORING CARS Car restoration is a hobby that lets you get your hands dirty, and it’s one that you can do with your kids or grandkids. It can be not only educational for them but also fun! Together, you can track down parts, talk to folks who are also interested in restoration, and learn about the history of your car. Though car restoration can be a bit costly and time consuming, it’s certainly a journey worth taking. EMBROIDERING Embroidery has taken off because it’s both inexpensive and fairly easy to get into. Plus, many people have fallen in love with its meditative quality. One of the great things about embroidery is that you can use it to make amazing personalized gifts, like pillows, wall hangings, and kitchen towels!

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