DUI Defense Attorneys in Alpharetta, GA
Alpharetta DUI Lawyers
Are You Looking For an Alpharetta Drunk Driving Attorney? Look No Further than Yeargan & Kert, LLC.
High-ranking Alpharetta DUI lawyer Jim Yeargan and the attorneys at Yeargan & Kert, LLC use their vast experience when he helps you win your lawsuit in court. For close to 15 years, Mr. Yeargan has supported, defended and won DUI cases for numerous clients. If you are searching for an Alpharetta DUI lawyer in Alpharetta, Ga. Yeargan & Kert, LLC can help you build your defense case. Our law firm is located in Alpharetta. We accept clients who reside anywhere within North Fulton County.
You Need to Hire an Experienced Alpharetta DUI Lawyer from Yeargan & Kert, LLC
Bear in mind that working with an experienced Alpharetta DUI lawyer is crucial if you want a fair chance in winning a court case. Contacting the legal firm of Jim Yeargan is an important first step. Our law office staff wants to help you win your case. We offer you the help and legal counsel you need. Our legal team is ready to serve you 24 hours a day, seven days a week throughout the year.
Reasons to Find a Lawyer Who is Experienced in DUI Cases
In certain types of legal cases, it does not matter which type of attorney you choose. However, in a DUI case, you are faced with the possibility of losing your driver’s license along with other serious legal issues. The aftermath of being charged with a DUI offense or similar type of crime can have an extremely negative impact on your life. You could lose your driver’s license for a considerable period, go to jail, have trouble finding a job or even lose custody of your child. For these reasons, it is crucial that you work with an Alpharetta DUI lawyer who understands all the legal issues regarding DUI cases occurring in Alpharetta.
Work with a Former Prosecuting Attorney
The best choice you can make is to work with Alpharetta DUI lawyer Jim Yeargan . In the early days of his career, Jim Yeargan worked as a prosecuting attorney in the same DUI courts where he currently defends clients. Mr. Yeargan has a thorough comprehension about how the legal system works. In addition, he is acquainted with the opposing prosecutors and judges who are going to hear your court case. Mr. Yeargan can help you succeed in winning your case because he has the necessary skills that provide you the best defense strategy.
The 30-Day DUI Warning in Alpharetta, Ga.
If you call the legal firm of Jim Yeargan right away as soon as you are charged with a DUI offense, our staff will help you file the required administrative license suspension (ALS) letter immediately. Once granted your appeal will be held at the Georgia Office of Administrative Hearings (OSAH). Taking immediate action prevents the potential suspension of your driver’s license. Our legal team is ready and willing to meet with you for an initial consultation. Once you set up an appointment, we are ready to begin working on your case regardless of the hour or day.
Consequences of an Alpharetta DUI
The repercussions of a DUI arrest occurring in Alpharetta, Ga., can extend much further than merely having your license taken away from you on a temporary basis. If you are convicted of a DUI, you could lose your driver’s license permanently. In addition, you may incur huge financial obligations and a prison sentence. If you receive a DUI conviction, it can have a detrimental effect on your driving history and record. Furthermore, a DUI conviction can cause your automobile insurance rate to go higher. In addition, you may find that the conviction affects your ability to find a good job. The humiliation of not having a license can wreak havoc on your emotional stability.
You can Get the Help you Need
If you have been arrested for a DUI in Alpharetta, you need to realize that you are only one person among many who are in the same boat. Instead of allowing your anxious thoughts to control your life, contact our legal firm for assistance. Our experienced Alpharetta DUI lawyer has the necessary background to help you make a reasonable case.
Yeargan & Kert, LLC Are Accomplished Alpharetta DUI Lawyers
Jim Yeargan has successfully defended over 4,600 people in the state of Georgia who have been received DUI charges, and there are many positive online reviews posted at AVVO, Yelp and other websites. You can call Mr. Yeargan ‘s legal firm in the evenings, on weekends and even during holidays. If you have been arrested, you need to make a telephone call immediately. Instead of allowing the stress to escalate, you can work with Jim Yeargan to help you look at the situation in a calm way.
If You Have Been Arrested for an Alpharetta DUI Charge, Consider Your Options
The first thing to remember is that the idea that a DUI arrest automatically means pleading guilty is a concept that is often interpreted the wrong way. If you hire an experienced Alpharetta DUI lawyer who knows how to review every detail pertaining to your specific case, you have a fighting chance that your future is not going to suffer from your mistake. You have certain legal rights. Some of your rights include challenging the protocol used when you were arrested, the reason for the arrest and even the collected evidence implying your guilt. However, you cannot accomplish a clean slate by yourself. You need to hire our skilled DUI attorney who has the ability to access your predicament and look at your case from a logical perspective while also ensuring that all your legal rights are fully protected.
Do Not Try to Solve the Problem by Yourself
Jim Yeargan is an exceptional Alpharetta DUI Lawyer who comprehends complex DUI laws. Mr. Yeargan can assist you in in making sure your legal rights are protected while lessening the potential harm a DUI arrest can cause you in the future.
If you are suspected of driving while under the influence of an alcoholic beverage, an Alpharetta police officer is obligated to ask you to stop driving. The officer will tell you to pull your vehicle over to the side of the road or use a checkpoint.
DUI Roadblock Operations
In Georgia, if you are arrested for a DUI at an Alpharetta roadblock, you need to understand the legal operational system. According to the law, the DUI roadblock needs to observe specific rules that are enforced by police officers. For instance, the public must know about the roadblock ahead of time, and the roadblock must check vehicles on a random basis. According to legal regulations in Georgia, it is possible that your rights are violated if your DUI arrest takes place via a roadblock stop.
If you were arrested on a DUI charge because of a roadblock, you need to contact a knowledgeable attorney. Jim Yeargan and his staff can assist you in evaluating the precise circumstances that occurred during the roadblock and make a determination about whether you are legally eligible to have the charges dismissed because of law enforcement’s failure to follow roadblock rules.
A Police Officer Must Follow the Law
If a police officer pulls you over because he or she suspects that you are inebriated, the officer needs to have a reasonable excuse for asking you to stop your vehicle. Valid reasons for suspecting you of a DUI include driving through a red light, weaving in and out of the lane or an unsteady driving pattern.
You may request the court to dismiss your case if the arresting police officer failed to make a written record as to why he asked you to stop driving. An accomplished Alpharetta DUI lawyer knows how to defend you if you find yourself in this type of situation.
After you are asked to pull over, the police officer is permitted to give you a sobriety test provided there is a plausible reason to think you may have had too much to drink. For instance, your breath may reek with alcohol, or the officer may witness several empty beer cans and bottles located inside your vehicle.
If either of these situations apply, the officer has the right to insist that you take a blood alcohol concentration (BAC) test or a field sobriety test. If you fail to pass either of these tests, the officer can legally arrest you on a DUI charge.
If an officer makes an arrest, you are entitled to make one telephone call while your arrest is being processed. Use your phone call privilege to contact the law firm of Jim Yeargan so our staff can assist you right away. Remember that it is never too late at night to call our office for immediate legal assistance. We are always ready to help you figure out a comprehensive strategy for your defense in a Georgia courtroom.
Information about the Field Sobriety Test
In Alpharetta, Ga., a police officer can give you a test after you have stopped your vehicle as long as the officer harbors any suspicion that you have been drinking alcoholic beverages or taking illegal drugs. The field sobriety tests are one method used to make a determination as to whether you are guilty of a possible DUI. If you are ever asked to pull your vehicle to the side of the road because of a possible DUI, you need to understand how the test works.
Generally speaking, field sobriety tests are physical tests that determines whether you are able to maintain proper balance when walking. You are tested for good balance and motor control capabilities. The concept behind taking a field sobriety test is that you are going to fail the test if you have been abusing alcohol or a similar substance while driving your car or truck. If you cannot pass the test with favorable results, the law assumes that the failure offers more evidence that you are guilty of a DUI.
You have most likely observed a field sobriety test on a reality television show or in a movie. For instance, the officer may request that the driver get out of the vehicle and walk down a lane while keeping the body perfectly balanced. The police officer may ask the driver to simultaneously touch the heel of a foot to the toe of the other foot. The officer may test the driver by requesting that he or she recite all the letters in the alphabet in the correct order. Other requests include asking the driver to touch the nose with one finger or to keep a steady eye on the officer’s moving finger without turning his or her head in another direction.
If a police officer stops a driver, the field sobriety test is usually the first request. If a person fails the test, the officer will ask the driver to submit to a handheld portable breath test (PBT). WHile the PBT does give a numerical reading this number is not admissible in court. The officer may only state whether or not the driver was positive or negative for the presence of alcohol.
In Alpharetta, Ga., the majority of police cars feature built-in on-dash camera systems. The systems automatically record needed details to prove their suspicions. If you are ever stopped and asked to take a field sobriety test, there is a good chance that you were filmed during the testing process. It is legally permissible to use the film in court in order to prove whether you were able to pass the test.
Even so, field sobriety tests are imperfect and do not reflect complete accuracy all the time. At the offices of Jim Yeargan , our DUI defense lawyers are extremely familiar with field sobriety tests and how to administer them correctly. Our legal team also knows that the test needs to have a correct interpretation.
As soon as you contract with Jim Yeargan and his legal staff to help you fight a DUI arrest, you are going to have an excellent legal team working on your behalf. Our lawyers will look at the film related to your arrest along with footage regarding the sobriety test. After viewing all the data, our lawyers will decide if the officer performed and interpreted the test correctly and whether your legal rights were violated.
Things you Need to Understand about Breath and Blood Tests
Even though some officers in Alpharetta, Ga., choose to conduct field sobriety tests, a chemical test is the best method used to test drivers for DUI infringements. Chemical tests are created to decipher the amount of alcohol in the body. The two chemical tests used to determine whether a person has been drinking alcohol consist of the blood test and the breath test.
A blood alcohol concentration test (BAC) is the main type of test that can cause a guilty verdict in a court of law. In Georgia, a driver is legally intoxicated if the BAC is higher then 0.08% with the provision that the driver is over 21 years of age. If the blood alcohol concentration test is at least 0.02% or higher, and the driver is under 21 years of age, the person is legally inebriated.
When a police officer asks a person to stop driving a vehicle because a DUI offense is a strong possibility, the person driving the vehicle is not legally obliged to take the BAC test. Even so, the state of Georgia has an implied consent law which means that a licensed driver has already given his or her consent to take a blood alcohol concentration test. Consequently, the individual will lose a driver’s license if the person refuses to take the test.
Multiple DUI Offenses Occurring in Alpharetta
In Alpharetta, Ga., police officers and highway patrol officers are constantly looking for people who are DUI suspects. These officials are expected to arrest drivers who are prime suspects. Since The Georgia court system places a high important on DUI cases, penalties are harsh. A person who has been charged with a DUI offense may face serious legal repercussions even if the driver does not have any previous history involving DUI arrests.
The First DUI Offense
A person who has been arrested and convicted of an initial DUI crime may end up paying as much as $1,000 in fines and may face a few months to one year in prison. The driver may also have his or her driver’s license suspended for as long as 12 months. In addition, the individual has to perform required community service work for a certain number of hours and take driver’s education classes. If you are currently experiencing your first DUI arrest, procrastination is not going to help you solve your problem. Obtain legal advice from Alpharetta DUI lawyer Jim Yeargan right away.
The Second DUI Offense
Since a first-time offender in Alpharetta, Ga., may face serious penalties, the person facing a second DUI offense may incur even greater degrees of punishment. In Alpharetta, the second DUI arrest may result in additional prison time, extra fines, more community service hours, loss of a driver’s license and removed driving privileges for as long as three years. In addition, some DUI offenders are mandated to install special interlock devices on their ignitions once they are allowed to resume driving. If you have been convicted of a second DUI offense in Alpharetta, contact the legal offices of Jim Yeargan today or tonight for your complimentary consultation.
In Alpharetta, every misdemeanor, local ordinance violation and traffic offense has to work its way through the Municipal Court. If you have been arrested with a DUI charge by an officer representing the Alpharetta Police Department or the Georgia State Patrol, and your arrest occurred in Alpharetta, you will need to go to the Roswell Municipal Court for your hearing.
After you have been arrested, you will receive a bond or citation. The bond mentions the arraignment date. Your arraignment occurs before a specified judge who will want to know if you plan on hiring an Alpharetta DUI lawyer to defend your case. You will also hear a detailed explanation of your legal rights and the types of pleas you are entitled to make in relation to the offense for which you have been charged. If you admit to the judge that you accept all legal responsibility for the offense, you will offer a Guilty plea. If you state that you did not commit the crime, you will enter a Not Guilty plea. A No Contest plea, also known as a Nolo Contendre plea, means that your plea is neutral. If you enter a Guilty plea during the arraignment, a court date for your trial is assigned to your case.
It is important to appear at your arraignment and hearing. If you do not appear in court, you will receive a Failure to Appear charge which can cause the Georgia Department of Driver Services (DDS) to suspend your license. In addition, you are legally required to submit all necessary documents to DDS within 28 days after you receive the Failure to Appear notice. If you do not submit the requested documentation, your driver’s license is suspended without further delay.
It is important to remember that missing a court date can lead to additional repercussions. For instance, the judge may decide to issue what is known as a bench warrant for your arrest. If you receive a bench warrant, a law enforcement officer has the right to take you to prison on any given day. If you want to get out of the warrant, you will need to pay a fee. At this time, you will receive a new mandatory court date. If you do not appear in court on the newly assigned date, your will automatically receive a Guilty charge because the judge is going to rule according to the evidence presented by the prosecutor.
An Alpharetta DUI Lawyer Can Assist You
As you can tell by the information presented herein, an Alpharetta DUI case is a complicated legal matter with serious repercussions. If you are concerned about protecting your legal rights, it is important that you contact our DUI defense team as soon as you are arrested.
When you call our office, you will receive a complimentary consultation with Alpharetta DUI lawyer Jim Yeargan . You will also receive guidance that can help you muddle through a stressful experience within the legal system.
In order to develop a strong defense strategy for your Alpharetta DUI case, our legal team will need all the records pertaining to your arrest. Our lawyer will obtain these records from the Alpharetta Police Department of the Georgia State Patrol. Since every Alpharetta police vehicle features recording equipment, our lawyer will use the information as part of your legal defense. Our attorney will look at the data to determine how well you were driving your vehicle at the time of the arrest. In addition, our Alpharetta DUI lawyer will study the conversations that took place. If you were given a field sobriety test, our lawyer will study the results.
In addition to viewing video and audio recordings, our attorney will also look at incidence reports filed by the arresting police officer. The reports contain the officer’s written notes about what may or may not have actually occurred at the time.
The discovery process permits your Alpharetta DUI lawyer to have accessibility to these records. According to the discovery process, the prosecutor is legally obligated to share all known records and data with your defense team.
Once your DUI defense lawyer has the opportunity to study all the information regarding your arrest, the attorney will make sure whether all the procedures were observed by the officer to a fault. If any of your legal rights were violated, the evidence may not hold any weight in court. Your lawyer understands the way in which the court system works and will inform you about how the judge is going to view your case.
You May Find that a Plea Deal Applies to Your Specific DUI Situation
In certain situations, your Alpharetta DUI lawyer is permitted to arrange a plea deal. A plea deal occurs after your lawyer has a meeting with the prosecutor. Your lawyer and the prosecuting attorney will attempt to agree upon a plea. The prosecuting attorney may decide that the circumstances surrounding your particular case deserve reduced prison time. The prosecutor will also look at your previous history and whether you have ever had any convictions in the past. If this is your first DUI offense, you are typically eligible for a plea bargain.
Even though a plea deal may still result in a conviction that causes you to perform community service and pay a fee, an experienced Alpharetta DUI lawyer will try to obtain the best deal for you from the prosecuting attorney.
In certain situations, especially if you have a clean record, the prosecuting attorney may enter into a plea deal with your Alpharetta DUI lawyer based on the fact that your case is not serious enough to warrant the extra expenses typically connected to a court trial with a jury. This strategy is something that can work to your advantage. An Alpharetta DUI lawyer who is knowledgeable about the legal process will try to obtain a plea bargain for you that prevents your future life from experiencing serious problems.
Jim Yeargan has spend several years as a DUI prosecutor. Mr. Yeargan is aware of the best way to enter into a plea bargain with the prosecutor. He will work hard to help you obtain a reduced sentence. Our legal team has already entered into numerous plea deals for previous DUI defense clients.
If your lawyer is unable to reach a plea bargain, you will need to appear in court for a trial. The trial may take place with a full jury or solely with a judge who hears your case. When the trials occur in the presence of a judge, you will need to appear in the Alpharetta Municipal Court. If you are scheduled for a jury trial, your case will take place at the Fulton County State Court.
You May Qualify for a Pretrial Diversion
In certain instances a Alpharetta case may qualify for the Alpharetta Municipal Court’s Pretrial Diversion Program. This program allows you to accept responsibility for the charge, not have it appear on your permanent record, or on background checks. Only certain charges such as possession of marijuana, shoplifting, or minor in possession of alcohol may qualify for the diversion program. You may be able to choose the diversion option if:
- Your charge qualifies for the diversion program (DUI’s do not qualify)
- This is your first offense
- You have a clean criminal record
- You have no other pending charges
If you qualify to take part in the Pretrial Diversion Program the court will assign you several requirements that may include payment of a program fee, random screens for drugs and alcohol, possible treatment for alcohol dependency, and probation.
By completing these requirements you will not have the charges on your permanent record, and you will not face the stiffer penalties you might have incurred such as losing your driver’s license for an extended period, or serving jail time.
A DUI Case is More than a Criminal Case
In the Alpharetta Municipal Court, most DUI cases are classified as both administrative and criminal cases. An administrative case is based on the Breathalyzer test administered by the state of Georgia. The state has the right to suspend your license for one year if your blood alcohol concentration level exceeded 0.08 grams.
If you want to avoid losing your driver’s license, you need to file an appeal in the administrative court. You must file a timely appeal that takes place within 10 days of your arrest. If filed within the acceptable time limit, you will appear at an administrative hearing held at the Alpharetta Municipal Court to determine whether you can keep your license.
The administrative hearing is an important event. When you appear at the hearing, the court will decide whether the arresting officer had a legal reason to give you a BAC and whether the officer read you your rights. The administrative hearing will also determine if the officer made any errors during the administration of the BAC test.
Even though your criminal DUI case is not the same thing as an administrative hearing, the hearing will have a strong effect on your DUI case. Consequently, it is important that you seek out the counsel of our experienced Alpharetta DUI lawyer so you can receive the proper advice.
Do not risk your future by refusing to accept the serious ramifications that can occur as part of a DUI court case, trial or hearing occurring in Alpharetta. Instead, rely on the legal offices of Jim Yeargan who will dedicate himself to giving you the best possible legal representation.
Other Important Things to Bear in Mind
In Alpharetta, Ga., other things can occur that mandate working with our skilled defense lawyer. If you were arrested in Alpharetta on a DUI charge, you may find that various other problems can affect your life. With Jim Yeargan working on your behalf, you can accomplish a measure of success in court.
DUI Arrests in Alpharetta for Drivers who are Under 21 Years of Age
In Alpharetta, Ga., drinking alcoholic beverages is a crime if you are younger than 21 years of age. The crime intensifies if you are intoxicated while driving a vehicle. In Alpharetta, if you are under the age of 21 and caught driving a vehicle with a blood alcohol content higher than .02%, you will receive a special underage DUI charge. This type of charge differs from the standard DUI charge in that you will lose the right to obtain a special driving permit. You may also face other charges specifically related to the fact that you were drinking while under the legal age limit.
Jim Yeargan is an accomplished Alpharetta DUI lawyer with many years of experience defending minor who were charged with DUI offenses. Mr. Yeargan is willing to assist you. Feel free to contact our legal firm now for a free consultation about your case.
Alpharetta Laws Regarding DUI Child Endangerment
In Alpharetta, Ga., a child who is under the age of 14 is considered endangered if the teenager is in a vehicle driven by a drunk driver. In this situation, the driver will face an additional child endangerment charge. This type of offense includes complicated sentences that include the possible loss of child custody, fees and a serious criminal record.
If you are charged with child endangerment via a DUI arrest, you need to contact our office immediately. Call the legal offices of Jim Yeargan right away to ensure protection of your child custody rights in the present time and in the future.
In Alpharetta, Ga., driving under the influence includes both alcoholic beverages and drugs. If you are driving while under the influence of narcotics, you are subject to a DUI arrest and possible conviction.
You may not realize that a DUI arrest pertaining to drugs includes both recreational drugs and prescription pain killers or sleeping pills prescribed by your physician. In other words, if any type of substance impairs your ability to drive safely, you could receive a DUI charge. You need to read the labels on all your medicines to make sure there are no warnings about the pills causing you to feel drowsy or sleepy.
You also need to understand that drug intoxication does not have the same definition as driving while under the influence of alcohol. For this reason, you do need to work with one of our lawyers if you have been charged for a DUI related to driving while intoxicated with any type of pill containing a narcotic effect on your ability to drive with correct judgment.
Jim Yeargan is the Alpharetta DUI lawyer with the right qualifications to defend you in a DUI drug related arrest. Mr. Yeargan understands the complexities of the Georgia court system. If you work with Jim Yeargan , you are assured that your legal rights are protected. Call the offices of Jim Yeargan now and set up an appointment for a complimentary session. Mr. Yeargan is an Alpharetta DUI lawyer who will listen to the details of your specific situation and inform you about your legal options.
DUI Marijuana Possession in Georgia
In addition to information about DUI offenses connected with drug usage while driving, you also need to understand that Alpharetta, Ga. has laws pertaining to driving while under the influence of marijuana. You can also receive a DUI arrest for possessing marijuana. The police officer needs to have a legitimate excuse for asking you to pull over. A valid reason can include witnessing an unstable driving pattern or failure to pass a roadside checkpoint.
In Alpharetta, Ga., a police officer has the right to stop your vehicle if he or she thinks you are driving while intoxicated with marijuana. If the officer smells marijuana in your vehicle or sees the drug in your automobile or truck, he can legally charge you with a DUI.
You only need to have slightly more than one ounce of marijuana in your vehicle or on your personage to receive a DUI charge causing you to lose your driver’s license for one year. In addition, merely owning more than an ounce can result in losing your license for as long as six months even if you are not driving a vehicle.
Receiving a DUI charge related to marijuana intoxication or possession is not a laughing matter. If this has happened to you, contact the offices of Jim Yeargan now to talk about your predicament with a gifted team of lawyers.
Vehicular Homicide and the Law in Georgia
If you have been involved in a vehicle accident that has caused another individual to die, you are dealing with an intensely serious problem. In this type of case, you need to hire an accomplished Alpharetta DUI lawyer to defend you in court.
If you have caused an accident resulting in the death of another person, you will receive a blood alcohol content test. If the officer determines that you were driving under the influence of alcohol or narcotics, you can receive one or several felony charges in the Vehicular Homicide category.
If your life is perplexed with serious complications due to a DUI or Vehicular Homicide charge, you need to contact the legal firm of Jim Yeargan right away. Do not procrastinate. You need advice now. If you want to make sure your legal rights are fully protected, you need to work with experienced attorneys who are willing to defend you. Do not mar your future lifestyle by having a DUI embedded in permanently in your record. Make the call today.
Work with Our Winning Legal Team
Our legal team has all the necessary qualifications to represent you at a hearing and in court. We can assist you in resolving your Alpharetta DUI case in an amicable way that will not prevent you from serious ramifications in your future. Call Yeargan & Kert, LLC today. Do not wait another second. Call us early in the morning or late at night. Someone in our office is always available to listen. We want to hear from you and speak with you right away. Do not wait. Instead, get the legal assistance you need to win your case.
The Alpharetta DUI Lawyers at Yeargan & Kert, LLC
James Yeargan is one of the most respected, and sought after DUI attorneys in the state. He is the Alpharetta DUI Lawyer.
A highly successful and effective criminal law attorney, Ms. Kert has handled more than 1,000 DUI cases, and served for eight years as a DUI Prosecutor and is intimately familiar with all the maneuvers and strategies prosecutors and police officers use in Georgia DUI cases.
John F. Gilkey is our Paralegal and is the first point of contact for our clients as they enter the office.
Jon Majeske joined the firm after spending 10 years in private practice defending high profile, and serious felony cases. In addition to handling hundreds of traffic tickets and DUI cases Jon has tried and won numerous rape, kidnapping, armed robbery, aggravated assault,burglary, trafficking, and capital murder cases.
Yeargan & Kert, LLC
555 North Point Center East 4th Floor