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THE DEFENSE REPORT
APRIL 2023
AtlantaDUILawyer.com 404-467-1747
3 TIPS TO AVOID DISTRACTED DRIVING DON’T TEMPT FATE — IT CAN WAIT Have you ever been driving to work, lost in thought or chatting on your phone, and missed your exit? Not only do you wind up being late, but it’s scary to think your mind was that preoccupied while driving. April is Distracted Driving Awareness Month, an entire month dedicated to helping everyone recognize the importance of keeping your hands on the wheel, eyes on the road, and minds on driving any time you get behind the wheel of your vehicle. According to the Centers for Disease Control and Prevention (CDC), in 2019, 3,100 individuals died due to people driving distracted, and 424,000 were injured. Distracted driving is serious, and I’ll stress that while things like applying makeup, changing the radio, turning to look at people in the passenger and rear seats, and texting are all obvious distractions, actions like chatting with a friend on Bluetooth in the car also count as distractions! As I mentioned, it’s easy to get caught up in thoughts or conversations, miss your turn, or forget where you’re headed. Therefore, it’s also possible to forget to use your turn signal or check a blind spot while having a conversation with someone else — even if you have both hands on the wheel and eyes on the road! Every time we get behind the wheel, we take a risk and place trust in ourselves and others on the road around us to maintain road safety. We all want to arrive alive. In the spirit of Distracted Driving Awareness Month, here are some tips to eliminate distractions and stay focused on driving. PUT THE PHONE AWAY. Whether you tuck your phone away in your purse or pocket or silence all notifications, make it a habit to avoid checking your phone when you’re behind the wheel — even at a red light. An email, text from a friend, or a call from your spouse can always wait. Your life, the lives
“We all want to arrive alive.”
of your passengers, and the safety of all other drivers and pedestrians sharing the road will always be more important.
STORE ALL LOOSE ITEMS. Before turning on the ignition, ensure all your belongings are secure. The last thing you want is for items to roll around in your vehicle. When food goes flying, items roll around, or water bottles tip over, they can easily steal your attention. DON’T LEAVE THE HOUSE UNTIL YOU’RE FULLY DRESSED AND GROOMED. The car isn’t the place to tie your tie, brush your hair, or apply makeup. Don’t enter your vehicle until your pants are zipped and buttoned and your appearance is what you’d like it to be once you reach your destination. In the grand scheme, your safety is always more important than saving three minutes by brushing your teeth in the car on the way.
The next time you consider eating breakfast while updating your Facebook status on the way to work, I hope you’ll think twice. Your life is MUCH more important. I can’t stress it enough — it can always wait!
–Jim Yeargan
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‘FREE TIME’ HELPS US SAVE OUR MOST PRECIOUS RESOURCE BEATING THE CLOCK Time is money, as the adage goes. But author Jenny Blake believes time is our life force, making it much too precious to waste. In her 2022 book, “Free Time: Lose the Busy Work, Love Your Business,” she argues that many entrepreneurs aren’t making the most of this crucial resource and suggests sustainable changes to how many of us do business. Being busy has become a virtue in our culture. People who aren’t constantly busy are seen as lazy and unproductive — and no one expects an unbusy entrepreneur to be successful. But Blake turns this thinking on its head. She argues that you can build the business you want without sacrificing the rest of your life. Further, many things we spend so much time on are unnecessary. Blake’s approach to conquering the hamster wheel of entrepreneurship involves creating workable systems and a winning team. Many tasks we think no one else can handle can often be automated and outsourced to others. While many entrepreneurs think their only options are to do it all or hire a small army, Blake advocates for a “delightfully tiny team” that can get more done with improved processes.
recommendations will give you plenty of food for thought and actionable ways to find your ideal work/life balance — which, as Blake notes in the book, is different for everyone. Business leaders are used to books and courses that promote growth at all costs. That’s fine for some, but not everyone wants to scale their business endlessly. Sometimes, small-business owners want to keep their businesses small — and there’s nothing wrong with that. Blake shares that she limits her work to 30 hours a week because she values her other pursuits. The idea may sound impossible now, but there are many ways to reduce your current workload without sacrificing your continued success. “Free Time” is for people currently bogged down with “The Burdensome B’s.” If you’re bored, bottlenecked, burned out, or buried by bureaucracy, this book will help you reclaim your life. Blake reminds us that our time is much more precious than money. Isn’t it time you learned to use yours more wisely?
There’s no one-size-fits-all system for every business, but “Free Time” will help any reader discover theirs. The exercises and
BREAKING AND ENTERING? LET US HELP YOU FIGHT THAT BURGLARY CHARGE
Did you know that in Georgia, burglary is not a theft charge? While theft involves taking property that does not belong to you without permission, burglary is different. Under Georgia law, burglary is “the breaking and entering into a structure you do not own or have a legal right to enter.” A structure can be any vehicle, aircraft, home, railroad car, or building. It should be noted that while damage does not need to be inflicted to the property entered without consent, intent to commit a crime still needs to exist. This second crime can include any number of things, such as robbery, theft, rape, stalking, assault, vandalism, or fraud.
If you are convicted of a burglary charge in the state of Georgia, it will fall into one of three categories:
It can be terrifying to face a burglary charge, but there are a few defenses to prove your innocence. If you have an alibi, you may be able to prove “actual innocence” if you were not in the identified location when the crime occurred. If the court lacks the evidence to prove your guilt beyond a reasonable doubt, the case cannot be moved to trial. If you were allowed to enter the property or received the property owner’s consent, you could prove that a crime wasn’t committed. Here at Yeargan & Kert LLC, we have the experience and knowledge to help prove your innocence. If you or a loved one has been convicted of a burglary charge, call us — we are ready to step in and defend you.
FIRST-DEGREE BURGLARY •
Involves an occupied, unoccupied, or vacant home or apartment Punishable by up to 20 years in prison
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SECOND-DEGREE BURGLARY •
Involves an occupied, unoccupied, or vacant structure that is not a residence
•
Punishable by 1-8 years in prison
THIRD-DEGREE BURGLARY •
Involves a commercial structure Punishable by 1-8 years in prison
•
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According to Georgia’s 16-11-41 state statute, if you are drunk in public, you are considered to be disturbing the peace. What factors decide whether or not you are, in fact, “drunk,” and how can they be proved or disproved? Let’s take a look! To be considered drunk, you must have a blood alcohol content (BAC) of 0.08% or higher. To be proven guilty of this intoxication, the elements of the crime of public drunkenness must be proven. These include: • Being in a public location or private residence • Appearing to be intoxicated at the time of the arrest • Displaying vulgar or obscene behavior • Using loud language • Being an uninvited guest It’s essential to remember that based on these elements, the opinion of law enforcement and arresting officers will be based on your gestures, language, and actions. This means that sometimes, even if individuals aren’t drunk, officers may believe they are. To prove your innocence, defense strategies exist. You may argue that you were not intoxicated — no one can ever pinpoint your BAC by observing you. You may have taken medication that made you appear intoxicated, or you may have only had one drink which would not have been enough to put you over the legal limit. Because a drunk in public charge is not a DUI charge, you are not entitled to a BAC test. This means it comes down to your word against the arresting officer’s. Having witnesses will always help to strengthen your case, and having experienced attorneys on your side is your best course of action. Call us today if you or a loved one is facing a drunk in public charge. We are prepared and equipped to help you defeat your public drunkenness charge now. NOT GUILTY! DEFEAT YOUR ‘DRUNK IN PUBLIC’ CHARGE TODAY
LAUGH IT OFF
COD AND ASPARAGUS BAKE
This recipe is quick to make and perfect for busy weeknights when eating healthy seems impossible. The buttery cod is low-fat and a great way to include healthy omega-3 and omega-6 fatty acids in your diet.
INGREDIENTS
• Oil for baking pan
• 2 tbsp lemon juice
• 4 4-oz cod fillets
• 1 1/2 tsp grated lemon zest
• 1 lb thin asparagus, trimmed
• 1/4 cup grated Romano cheese
• 1 pint cherry tomatoes, halved
DIRECTIONS 1. Preheat oven to 375 F. In a 15x10x1-inch baking pan brushed with oil, place cod, asparagus, and tomatoes. 2. Brush cod with lemon juice, then sprinkle with lemon zest. Sprinkle cod and vegetables with Romano cheese. Bake until fish flakes easily with a fork, about 12 minutes. 3. Remove pan from oven; preheat broiler. Broil cod mixture 3-4 inches from the heat source until vegetables are lightly browned, about 2-3 minutes.
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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
Distracted Driving 101
Make the Most of Your Day With ‘Free Time’
Burglary Charges Explained
Drunk in Public?
Cod and Asparagus Bake
Top 3 Extended Stay Destinations
ALL ABOARD THE EXTENDED VACATION TREND
TOP 3 VACATION DESTINATIONS FOR A LONGER STAY
The pandemic slowed us down. Over the past few years, we collectively took fewer vacations, boarded fewer cruise ships, and avoided airports. However, many studies and reports show that now, more than ever, Americans are taking longer vacations! Why might this be, and what are some of the greatest destinations for an extended stay? According to Amex Travel’s 2022 Global Travel Trend Report, 55% of vacationers are interested in taking longer trips because they can work remotely. The trend of swapping homes is also on the rise. HomeExchange’s website reports that home exchanges of two weeks or more increased by 13% in January-May last year. According to Travel Pulse, 26% of people opt to take a trip that exceeds 10 days. If you are interested in taking a more extended vacation, whether it’s because your job went remote, you lost out on travel time in 2020- 2022, or you saved on gas money while working from home, here are some great destinations that support a longer stay. VISIT THE NATIONAL PARKS. There is no better way to connect with nature than to tour the national parks. Several epic national park road trips could allow you to pack in
a dozen or more of these natural gems in just a couple of weeks! Many national parks also accommodate RVs for comfort and convenience.
DRIVE THE CALIFORNIA COAST. A trip up and down the California coast never disappoints. With so many great places to stop and breathtaking views to absorb, you’ll need at least two weeks to experience them properly. You’ll want to explore the Redwood National Forest, the Lost Coast, Pebble Beach, Monterey Bay, Half Moon Bay, Big Sur, Venice Beach, and many more! HOP ABOARD A CRUISE. A cruise is one of the best ways to see many destinations in one trip. You could visit several countries in just two weeks, stopping in different ports to explore! On a cruise, you could see the Caribbean one day and wake up somewhere completely different the next day with a new adventure ahead!
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