Yeargan & Kert LLC - April 2023

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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