DUI Defense Attorneys in Cobb County, Georgia
Cobb County DUI laws can be tough to beat. Nevertheless, tough also describes the prowess and ability of Cobb County DUI lawyer Jim Yeargan to win your DUI case.
Whereas everyone is entitled to a fair and bold defense in the Cobb County courts, Cobb County DUI lawyer Jim Yeargan can do better than bold with his twenty-plus years of experience. Located in Atlanta, Georgia, this law office extends to clients anywhere in and around several counties in Georgia.
Experience is Key in Hiring an Effective Cobb County DUI Lawyer: Yeargan & Kert, LLC
Regardless of the circumstances surrounding your DUI citation, your attorney has an obligation to represent you and your case to the best of his/her ability. This is Jim Yeargan ’s mission.
He doesn’t do it all by himself; there is an entire legal team who is here to back you….even 24 hours a day, every day, all year long.
For a moment, envision your life without a driver’s license. How will you get to work? What about emergencies? A lost DUI case can damage many facets of one’s life. A guilty verdict can mean a lost driver’s license, lost employment, a smeared legal record and background check, even lost custody of a child.
Ultimately, you may find yourself incarcerated for a period of time! Don’t take that risk! Jim Yeargan has been practicing in Cobb County for so many years that he is most likely the most knowledgeable legal counsel available.
Your Best Bet for Representation is Someone Who Knows Both Sides: Yeargan & Kert, LLC
Jim Yeargan spent many days early in his career on the opposing side of defense as the prosecuting attorney. Furthermore, that tenure was in the very courts where your case will be heard.
He knows the current prosecuting attorneys and he knows the judges who will be hearing your case, which means he knows their strengths AND their weaknesses.
Let Yeargan & Kert, LLC Help You React Quickly
If you have been charged with a DUI, it is imperative to file an Administrative License Suspension (ALS) letter IMMEDIATELY! It is details such as these, and that our law office is familiar with, that will help save your driver’s license and your reputation. This must be done within the first ten days.
Our legal team can start on this task right away while Mr. Yeargan is reviewing your case for defense. This applies to night or day. The Georgia Department of Driver Services handles license suspensions and reinstatements.
What Are the Consequences of a DUI Arrest in Cobb County?
The costs expended in hiring Cobb County DUI lawyer Jim Yeargan as your defense are minuscule compared to what a DUI guilty charge can cost a defendant. As aforementioned, your driver’s license can be suspended potentially terminally. A prison sentence has implications that are innumerable.
If your driver’s license is NOT revoked, your automobile insurance is going to skyrocket anyway. This charge is a huge smear upon your employ-ability. The cumulative consequences of such a charge are endless, including irreparable emotional damage.
Get the Help You Need Now
Be proactive and don’t merely bemoan your arrest as just an unlucky situation. There are many who later wish they had contacted our offices after it is too late. Don’t be one of those unfortunate individuals. Regardless of how much you may have made a poor life choice, at least allow Mr. Yeargan to minimize the damage. You will be so thankful that you did.
Let’s talk about statistics for a moment. Cobb County DUI lawyer Jim Yeargan has over 4,600 successful DUI defenses under his belt in the state of Georgia. If you would like to read additional reviews, please check out AVVO, Google, and other review websites.
Remember, we are available 24/7. This includes holidays, in case you accidentally over-imbibe at a holiday party. Mr. Yeargan and our staff will quickly deescalate the stress and help you calmly examine all your options. Your family and friends will also be relieved that this tough defense is in your corner.
A DUI Arrest Does Not Automatically Mean You Are Guilty!
Many persons who have made a minimal legal mistake tend to compound that mistake by assuming they are guilty regardless of the circumstances and all the minor details they don’t understand or notice. We are human and we will make mistakes. However, we are also entitled to defending and/or minimizing these mistakes as much as possible.
As children, we made mistakes as well, but there were circumstances that our parents considered when deliberating the consequences. As adults, it is similar in a court of law. Even the prosecuting attorney considers the magnitude of the offense. There are other facets to consider, such as the protocol used during your arrest.
Were your rights violated? Mr. Yeargan will examine that aspect. It is very difficult for individuals to maintain a logical and rational perspective when under such stressful scrutiny. Think for a moment if you would attempt surgery upon yourself. In that realm, we always seek a medical professional. A legal professional is at your disposal and will ultimately work in your best interest!
Do Not Attempt This Yourself!
Think about risky talent performances shown on television. There are warnings that precede the performance reminding viewers not to try the act at home. Again, think of performing medical surgery upon yourself. This obviously would not be a good idea.
Cobb County DUI lawyer Jim Yeargan is your legal professional who will work diligently to minimize or even possibly remove this cancerous scar from your life. In Cobb county, there is a strict protocol that officers must follow when they pull over a suspected DUI driver. In the 21st century, there is also the advantage of many activities being recorded on video. Mr. Yeargan can more easily access such resources. Keep in mind that the officer must require an impaired driver to pull the vehicle over and not drive.
Regardless of the hour, you may call our offices immediately to get your defense started.
DUI Roadblock Procedures
If a motorist is arrested in Cobb County at a planned roadblock, the law regulates and commands certain requirements that the police officers must follow. Too many people do not realize that their rights may have been violated and they often end up with a guilty verdict when it could have been avoided.
Some examples of these regulations include notifying the public of the impending roadblock ahead of time, and motorists must be checked on a random basis.
These regulations may provide just the loophole through which Cobb County DUI lawyer Jim Yeargan may get your charges completely exonerated. Once again, time is of the essence here so that memory of the entire incident is fresh. Contact Cobb County DUI lawyer Jim Yeargan ’s office as soon as possible so that his team can immediately begin working on your case.
Making Sure the Police Officer Followed the Law
A police officer must have some form of “probable cause” that he/she indicates if they pull a driver over on suspicion of impaired driving. This needs to be a reasonable and rational reason. For example, the officer may indicate that your car appeared to be weaving, or that the driver ran a red light, or was otherwise driving erratically.
Herein lies yet another caveat that a knowledgeable Cobb County DUI lawyer knows about. If the officer who pulled you over did not make sufficient documentation of the reasons for pulling you over, there may be a valid reason.
Once the officer has pulled you over, the officer can, by law, give you a sobriety test if he/she thinks there is plausible evidence to think that you are impaired. Some examples are: the odor of alcohol on your breath or coming from the vehicle, open cans or bottles in the car, or a passenger makes an implicating statement.
If that appears to be the case, the officer can insist that you cooperate with a BAC (Blood Alcohol Test), a/k/a field sobriety test wherein you are required to follow a series of commands that require dexterity. Should you fail to pass either one of these tests, the officer has reasonable cause to arrest you on DUI charges.
Immediately following said arrest, you are entitled to make one telephone call while they are processing your arrest. Although you may want to call a family member or a close friend, make the wiser choice instead and call Cobb County DUI lawyer Jim Yeargan ’s law office to get this imperative defense ball rolling. There are thousands of clients who are so glad they did.
What is a Field Sobriety Test?
Once an officer has pulled you over the officer can opt to administer field sobriety tests. This test may be used along with or instead of the Blood Alcohol Test and is used to determine impairment from alcohol or illegal drugs. Following is an explanation of just how the field sobriety test works. It is part of your best defense.
The most basic portion of the field sobriety tests involves determining whether or not you can maintain proper balance and coordination when walking. Good balance, gait, and motor movement are all conducive to sobriety.
Conversely, when a person has been imbibing alcohol or drugs, motor movement, coordination, and comprehension is almost always impaired. Hence, results from the field sobriety tests is another form of evidence that the officer will document, and possibly even video record, to make the prosecution’s case.
Field sobriety tests are widely known from TV shows or movies, and often even in comedies. One portion of the test involves walking a straight line, which involves keeping the body evenly balanced. Some other portions of the test involve some little maneuvers that may seem comical but they do actually require a sober concentration.
For example, the officer may ask you to touch the tip of your finger on one hand to the opposing side of your face or the tip of your nose; the officer may ask you to follow the movement of his/her finger with your eyes while moving only your eyes and not moving your head; you may be asked to touch the heel of one foot to the toe of the other foot. You may be asked to recite the letters of the alphabet forward or even backward. The officer may ask you to recite personal or demographic information.
Observing your motor abilities supplies the officer with crucial evidence against you in your arrest. These field sobriety tests are often the first tool that an officer will use once he pulls a motorist over.
After performing the field sobriety tests the officer may ask you to perform a portable breath test (PBT) to determine if you are positive for the presence of alcohol.
Police cars in Cobb county are almost entirely outfitted with dash-cams. Such dash-cams are helpful yet damning tools often used in court trials. Remember that whatever that dash-cam recorded is permissible in a court of law to re-visit the entire arrest.
This may often work in the law’s benefit, but remember that Cobb County DUI lawyer Jim Yeargan has the ability to use such recordings as well in working to exonerate your guilt.
There is a variety of reasons that field sobriety tests may not be completely accurate all the time. There may be other reasons that a driver may not perform as expected; persons may be handicapped, have a language barrier, or perhaps even have other problems such as vertigo that will produce a false positive.
Jim Yeargan has seen instances such as these over the years. Our legal team also will analyze whether or not the video and the results from the field sobriety tests have had the correct interpretation. It is a natural part of the legal team’s investigation to examine these video recordings, seeking to confirm that your legal rights were not violated.
This is a critical portion of Cobb County DUI lawyer Jim Yeargan ’s investigation into protecting your legal rights.
Additional Information Regarding Breath and Blood Tests
It is obvious that there are many potential flaws in the field sobriety tests, although it is highly used by Cobb County officers. Chemical tests are much more accurate and a better method to test drivers for DUI infringements. Chemical tests measure and report the amount of alcohol in the bloodstream.
Blood Alcohol Concentration and/or Content (BAC) can produce some of the most damning evidence which can lead to a guilty verdict. In the state of Georgia, a driver is legally intoxicated if the blood alcohol content is higher than 0.08% as long as the driver is over 21 years of age.
However, for those persons under the age of 21, a blood alcohol content of only 0.02% or higher, results in the person being deemed legally inebriated. The alleged inebriated motorist CANNOT be legally required to take the BAC test. However, Georgia has implemented an implied consent law that waives this right to refuse if they have a Georgia driver’s license. The driver stands to lose his/her driver’s license if they refuse to take the BAC test.
Scrutiny for DUI Offenders in Cobb County
Scouting for DUI offenders in Cobb County is a high priority by police officers and by highway patrol officers. They are obviously expected to arrest those individuals who are prime suspects. Georgia’s courts place high priority on DUI cases and penalties are harsh. This is all the more reason to put your trust in Cobb County DUI lawyer Jim Yeargan.
These penalties are harsh even upon first-time offenders, not to mention repeat offenders.
First DUI Offense
In general, those persons who have been arrested and convicted on their first DUI might end up paying as much as $1,000 in fines coupled with a few months to one year in prison. In addition to that, their driver’s license might be suspended as long as 12 months. Community service is also often added to their requirements and driver’s education classes might be remanded.
If you are not worried about these potential consequences, you should be. Cobb County DUI lawyer Jim Yeargan may be your potential lifeline in this situation.
Second DUI Offense
In recalling the dire consequences for a first time DUI offender, one can only imagine the penalties faced by a second-time offender in Cobb County. Obviously, a second arrest can result in more prison time, more fines, extended community service hours, and obvious loss of the driver’s license extending up to a possible three years’ loss of driving privileges.
Some convictions even dictate the installation of special interlocking devices on automobile ignitions if they are allowed to drive. Cobb County DUI lawyer Jim Yeargan can help you even if this is your second offense. Call Yeargan & Kert, LLC even if it is your second offense, and even if Yeargan & Kert, LLC has never represented you before.
The Municipal Courts of Cobb County oversee every misdemeanor case, local ordinance violation, and traffic offense. Your DUI arrest may have been made by a Georgia State Patrol or by the Cobb County Police Department in Cobb County. These cases are handled by the State Court of Cobb County.
After your arrest, you will receive a bond or a citation. The bond will indicate the arraignment date. At this arraignment, the judge will want to know if you will be hiring a Cobb County DUI lawyer to defend your charge. There you will be given a very detailed explanation of your legal rights, the types of pleas you may make, and with what you have been charged.
If you admit to the judge that you accept all legal responsibility of the alleged crime, you will thereby be entering a guilty plea. If you state that you are innocent of the crime, you will enter a Not Guilty plea. However, there is also a “no contest” plea, known as the Nolo Contendre plea, which means your plea is neutral.
If you do decide to enter a guilty plea at this arraignment, a court date will be set for your trial. It is important to note that the arraignment is NOT the trial. It is, in effect, a decision making an appearance to decide in which direction your case with be traveling.
It is critical that you appear at this arraignment. If you do not, you will face further charges, including a Failure to Appear charge (FTA), and potentially a suspension of your driver’s license by the Georgia Department of Driver Services (DDS) without further notice. Furthermore, you must submit all necessary documents to the DDS within 28 days after your FTA notice.
If you do not comply with this requirement, your license is automatically revoked. It is at this juncture that, as the defendant, you are digging a hole for yourself. Please contact Cobb County DUI lawyer Jim Yeargan before your situation continuously becomes worsened. Worse can mean that the judge may issue a bench warrant for your arrest for an FTA.
If there is an active bench warrant, any law enforcement officer has the right to arrest you at any time, any place. If there is a warrant issued, you will be required to pay a costly fine. When you pay the fine, a new court date will be issued. If you do not appear at THIS court date, there will be an automatic guilty charge entered on the record as you have done nothing to prove your innocence and the judge will rule in favor of the arresting officer.
A Cobb County DUI Lawyer from Yeargan & Kert, LLC is Important to Help You
This information may have already helped you understand just how complicated these Cobb County DUI charges can be. There are serious repercussions to ignoring these charges. To protect your legal rights, retain our legal team to assist you in making the best of this situation.
Our DUI legal team is welcoming and will offer a complimentary consultation with Cobb County DUI lawyer Jim Yeargan . The emotional distress will be minimized after just this first complimentary consultation. There will be immediate guidance and direction to assist you through this situation.
At this meeting, you will be informed of the many things required for our team to begin the case. For example, all the law records pertaining to your arrest must be obtained and reviewed by Mr. Yeargan . He will obtain these records from either the Alpharetta police, the Georgia State Patrol, or from the arresting agency.
As aforementioned, the video recordings of your arrest will be highly scrutinized and reviewed, thereby seeking every possible loophole. Mr. Yeargan will observe your driving manner on the officer’s video recording equipment. The conversations between the officer and yourself will be reviewed.
The infamous field sobriety test, if one was required, will be closely analyzed as well. Incidence reports filed by the arresting officer must be provided to your counsel, as these reports contain the officer’s written notes about what occurred at the time.
All of this process is called Discovery. The prosecuting attorney must, by law, share all known records and data that he/she has in their possession with your legal counsel. This line of communication is not present when one does not have a representing attorney and it is a risk you do not want to take.
Once the Discovery documents have been accumulated and carefully studied, Cobb County DUI lawyer Jim Yeargan can begin to analyze whether or not all procedures were legally administered and followed. If there are any snafus whatsoever, these will be used as part of your defense.
If your legal rights were violated or not honored properly, the prosecutor may be unable to effectively use them in court. Mr. Yeargan will then have a pretty solid idea about how the judge will be viewing your case. Furthermore, the judge will know that you have obtained fine representation and that every “rock will be overturned” in working toward an innocent verdict.
There May Be a Specific Plea for Your DUI Situation
Your defense attorney will meet with the prosecuting attorney and they may arrange a plea deal, also known as a “plea bargain.” A plea deal helps minimize the huge volume of trials that are on the court dockets every week. If they agree upon a deal, this means that the case can almost completely bypass the courtroom process, with the exception of a simple ratification by the judge.
With your attorney’s input, the prosecuting attorney may decide that your case is deserving of a reduced prison time. These decisions often are influenced by whether or not you have previous offenses or convictions. If this is a first offense, it is likely that you may be eligible for a plea bargain.
A plea deal does not completely exonerate you from consequences of your actions; there will likely still be community service and a fine, and possibly a short jail time or probation. An experienced Cobb County DUI lawyer will always try to get the best deal for their client from the prosecuting attorney.
Remember that the courts do carry a huge load of cases and Mr. Yeargan ’s legal team may just be able to convince the prosecuting attorney that your case is not serious enough to warrant the extra expenses of a court trial with a jury. This is a huge advantage for you. This generally only applies if your record is otherwise clean and is virtually never available for second offenses.
Jim Yeargan ’s extensive years in the legal system, and especially as a DUI prosecutor working for the “other side” provides him much experience at entering plea bargains with the current prosecutor. Mr. Yeargan has arranged numerous plea deals for previous DUI defense clients.
A plea bargain is not always feasible, especially if this is not a first offense. This means you will have to appear in court for a trial. The trail may take place with a full jury or solely with a judge hearing your case. Your legal counsel will inform you of the physical location of your trial.
Pretrial Diversion Programs
The pretrial diversion program is difficult for some clients to comprehend. Herein again is another great reason to have Cobb County DUI lawyer Jim Yeargan and his team there to lead and guide you. If you are a first time offender, you may take advantage of a pretrial diversion program. This diversion will allow you to come out of this situation with a clean background record.
In the pretrial diversion program, there is an automatic $200 fine, and you must agree to intermittent alcohol and drug screenings, attend an alcohol treatment center, and be on probation for six months. With these mandates, your charges will be dismissed, and removed from your record.
It is important to note the pretrial diversion program may not be used for DUI cases. Pretrial diversion programs may only be used for certain offenses such as possession of marijuana, minor in possession of alcohol, and other charges.
Cobb County’s View of DUI Cases
In Cobb County, most DUI cases are not only criminal but are viewed also as administrative cases. This is partially due to the variety of implications and consequences involved in these violations. Regardless of other outcomes, the state of Georgia has the right to implement administrative law and suspend your driver’s license for one year if your blood alcohol concentration level was measured over the 0.08 threshold during your Breathalyzer test that was administered at the site by the arresting officer.
Take a moment to think about what not having a driver’s license might mean to your life. It would affect your employment, your family involvement, it could cause a tragedy in an emergency situation; there are almost too many consequences to mention. In order to avoid losing your driver’s license under administrative law, you must file an appeal in the Administrative Court within 10 days of your arrest.
If this timeline is complied with, there will be an administrative hearing to determine the status of your license. This administrative hearing is a critical turning point in this entire process. The court will decide if the arresting officer rightfully detained you, gave you the Blood Alcohol Content (BAC) test and most importantly, where you were read your Miranda Rights. There will also be an analysis of the way in which the BAC test was administered.
Although the the administrative portion and the criminal portion of the DUI case are two different paradigms, they are essentially interwoven. For example, the outcome of the administrative hearing will have a very strong impact upon your DUI case.
It will be of paramount importance that Jim Yeargan and his law team be involved with both parts so there are no changing horses or adding horses midstream. Starting your defense with a solid foundation will make it easier for Mr. Yeargan and his team to build the walls for your solid defense.
DUI Arrests for Those Under 21 Years Old
In Cobb County, Georgia, it is a crime to consume alcoholic beverages if you are younger than 21 years of age. Add that to driving a vehicle while impaired, and the consequences will begin to snowball. The measurable blood alcohol content (BAC) for a minor is considered under the influence at only 0.02%.
Hence, if a minor is caught driving a vehicle with a BAC over 0.02%, there will be a special underage DUI charge. There will obviously be different consequences including losing the right to obtain a special driving permit.
Furthermore, there will be potential other charges specifically related to the fact that you were drinking under the legal age limit, regardless of operating a motor vehicle.
Cobb County DUI lawyer Jim Yeargan and his associates encourage adults who know of any youth who have made this critical mistake to refer these persons to his law office. Mr. Yeargan will represent clients regardless of their age.
Potential DUI Child Endangerment in Cobb County
Although it may seem unheard of, there have been plenty of cases wherein youth under the age of 14 were in the car with the impaired driver. It is obvious that the impaired adult is endangering many lives in addition to their own: they are endangering the lives of the children in the car, and they are endangering people in other vehicles.
Hence, the charges continue to pile up even more. The offender now also faces charges of child endangerment. These charges are fierce and rightfully so. Parents may lose custody of their own children and/or be charged with endangering others’ children who may have been in the car.
This can also mean a civil case filed against the defendant by the parents against of the endangered children.
Cobb County DUI lawyer Jim Yeargan will work to minimize the damages regardless of the magnitude of the choice that you may have made, and he will do so without judgment on his part. If you are charged with child endangerment during a DUI arrest, contact Cobb County DUI Lawyers Yeargan & Kert, LLC immediately.
At this point, child custody issues have entered the picture, and this can have consequences that reach into the future.
Impairment Includes Alcohol and Drugs
One must not preclude drugs from the DUI condition. In fact, alcohol IS a drug! Impairment can come in the form of both alcoholics and drugs. The acronym represents “Driving Under the Influence.” However, there is a difference in your defense regarding whether the influence was due to alcohol or due to drugs.
Drugs also include prescription drugs and illicit drugs such as homemade Meth. This can even include prescription drugs that may or may not have been taken according to the physician’s instructions. Narcotics can make you as guilty for DUI as alcohol.
If you have partaken in any kind of mind-altering substance, whether it be alcohol, prescription drugs, sleeping pills, smoked substances, etc., there is potential for a DUI arrest. Experienced legal representation is of the utmost importance in differentiating the type of impairment. Nevertheless, any substance can impair your ability to operate a motor vehicle safely.
Always read all medication labels carefully to make sure there are no warnings about drowsiness or jitteriness caused by the prescription. It is also a good idea to take any new prescription when you do NOT have to drive.
If this previous information is mind-boggling, it should be. It is confusing to most persons who have not worked in the court and legal system. Therefore, put someone on your side who does know and understand all the parameters. Cobb County DUI lawyer Jim Yeargan is this person.
Not only does he and his team understand Alcohol and Drug Impairment, but they also know the “In’s and Out’s” of Georgia, and specifically, Cobb County, court system.
DUI Marijuana Possession Violations in Georgia
Thus far, we have discussed driving impairment caused by alcohol, narcotics, legal prescription drugs, and even illicit street substances. There is another one. Cobb County also has laws pertaining to marijuana and driving while under the influence of this mind-altering substance.
Officers may also arrest you for simply possessing marijuana. Once again, there must be a reason for the officer to pull you over like the aforementioned unstable driving pattern or failing a roadside check.
Marijuana has a very pungent and identifiable odor and this odor may influence the officer to search the vehicle for the actual product. Other indicators may be dilated pupils and apparent incoherence. There need be only one ounce or more of marijuana in your vehicle or on your person to be charged with a DUI.
Simply possessing the product can cause you to lose your driver’s license for up to six months even if you are not driving a vehicle at the time it is found on you.
Jim Yeargan is a professional in the area of handling DUI charges caused by marijuana possession. It may seem like a “laughing matter” at the time, but this arrest will have you seeking professional rescue and Jim Yeargan is just that person.
Vehicular Homicide and the Law in Georgia
Involvement in an automobile accident that causes another person to die would be life’s most hideous nightmare. Yet it does happen. Accidental death or even dismemberment of another person does not dissuade Jim Yeargan from representing his clients.
It is unimaginable to think that you would have accidentally cost another person his/her life by making a poor choice, but it is even more unimaginable to think that you might have to handle these charges alone. You are not alone if you have Cobb County DUI lawyer Jim Yeargan fighting to minimize the legal repercussions.
The injured party cannot be restored but strong legal counsel can definitely help minimize the damage to your life.
Potential charges that can be incurred if you are determined to have been under the influence of a substance in such a tragedy will include potential felony charges in the Vehicular Homicide category. You are also not immune from civil charges that may be filed by the injured parties’ family.
The trauma of having accidentally cost another person his/her life or having caused permanent damage to that person is extensive enough without having to face the legal aspects of this tragedy without outstanding legal representation. Don’t compound this situation by failing to retain the best legal representation available.
Choose an Amazing, Winning Legal Team with Yeargan & Kert, LLC
We can continue to narrate all the advantages of choosing Jim Yeargan to represent your plight in Cobb County’s courts, but ultimately the decision is up to you. We understand and respect this right. The only way we can truly convince you of our integrity and hard work is if you choose to give us the opportunity to prove our claims of efficacy.
Please remember that you can call us, day or night, at any hour, and on holidays as well. We understand that these situations rarely occur during regular “business” hours and the fact that we are here for you 24/7 hopefully relays how much we care.
There is no case too small or too large for us, so never forget the name Yeargan & Kert, LLC.
The Cobb County 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 Cobb County 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.