DUI Defense Attorneys in Johns Creek, GA
Johns Creek DUI Lawyer
Hire the DUI Expert: Yeargan & Kert, LLC
If you have been charged with driving under the influence, you need a professional to stand in your corner to represent you. With nearly 15 years of professional DUI experience, Johns Creek DUI lawyer Jim Yeargan is in your corner. For almost half a lifetime, he has dedicated his expert skills at winning cases for people just like you that have been accused of driving offenses.
Yeargan & Kert, LLC has a talented office staff that can assist you throughout all of your legal woes. His team has years of experience to solve those complicated legal issues once you have been charged with driving under the influence. His offices can offer you advice and legal counseling each step of the way to solve your problems.
Receiving a ticket for driving under the influence of drugs or alcohol is a serious offense and you need an attorney who will fight for your rights. You can have peace of mind by hiring Jim Yeargan and his professional associates to assist you during this time. Jim Yeargan should always be the first choice on the list when obtaining legal services. Our law office is conveniently located and we are always only a phone call away from giving you answers to all of your concerns dealing with your case.
Make no mistake about it; once you have been charged with driving while under the influence of alcohol or drugs, time is of the essence. Jim Yeargan and his staff will work diligently to secure a favorable outcome in your case. Let our law office work in your corner. Jim Yeargan is always available to accept your phone call.
Why Choosing A Johns Creek DUI Lawyer from Yeargan & Kert, LLC IS Your Best Option
Driving under the influence of either drugs or alcohol has serious consequences that can affect your whole way of life. Gone are those days when a driving conviction as serious as driving under the influence was only a fine and a slap on the wrist. DUI laws have changed drastically in the past years that make it one of the most serious offenses that you can be charged with. A Johns Creek DUI lawyer that knows the ins and outs of the legal justice system is what you need to fight for your rights in the court system.
Jim Yeargan was a former prosecutor early in his career and knows what it takes to represent you as a Johns Creek DUI lawyer. His professional experience will help you at a time when you need a Johns Creek DUI lawyer that can work with you and the court to give you the best outcome concerning your case. Along with that knowledge, Mr. Yeargan knows many of the prosecutors and judges surrounding the area that works court cases involving DUI related offenses. Jim and his associates will work tirelessly defending you once your case is scheduled in court.
Only Ten Days To Protect Your Privilege To Drive
You only have 30 calendar days from the moment that you are arrested on suspicion of DUI in the state of Georgia to save your license or privilege to operate a motor vehicle. This is one of the most important reasons to contact a Johns Creek DUI lawyer to represent you as quickly as possible. Your Johns Creek DUI lawyer will immediately file an Administrative License Hearing to protect your privilege to drive. If you value your driver’s license, then you must act swiftly to avoid having your driving privilege taken away for a period of one year. A Johns Creek DUI lawyer knows exactly how and what to do in order to try to save that driving privilege.
The state of Georgia has little sympathy for those arrested and convicted of a DUI offense. Even on an arrest of suspicion of driving under the influence or drugs, that ten-day window will pass by quickly. Hiring a determined and experienced Johns Creek DUI lawyer is one of the most important decisions that you can make concerning a DUI arrest. Contacting Yeargan & Kert, LLC will help protect your privilege to drive. His dedicated staff will begin working on your behalf the moment that they take your call.
Driving Under The Influence Has Devastating Consequences
Law enforcement officers in Georgia don’t take driving under the influence charges lightly. They see fatalities and serious injuries caused by people who get behind the wheel to drink. The court systems in Georgia uphold the laws past by the state to prevent DUI related accidents.
Loss of your privilege to drive is only one terrible outcome of a driving under the influence conviction. Here are a few other things to consider. Many jobs require you to have a valid license in order to go to work for them. Others want a driver’s license, whether you are driving a vehicle for them or not.
Consider how you would be able to go back and forth to work without your driving privilege. Think about how you would get to town to pay bills, go to the stores, and travel to other cities. A driver’s license has a lot to do with the quality of life that you are able to live. It can affect the amount of yearly income that you could make financially by working high pay jobs. Without that license, you might have to work low paying jobs or no work at all.
Being irresponsible by driving while intoxicated can costs you in tons of fines, probation and legal fees. Your auto insurance could be extremely high and almost at an unaffordable rate that could still prevent you from driving. Many employers look unfavorably on people with driving convictions such as driving under the influence.
Multiple DUI offenses can land you in jail or worse. Your license could be revoked indefinitely. This is why you need to contact an experienced DUI attorney at Yeargan & Kert, LLC during that first suspected driving under the influence arrest to avoid additional problems in the future.
Hire A Reputable Johns Creek DUI Lawyer To Help You
You can be assured that you are not alone. You can find the help you need for your DUI case by acting upon it swiftly. Hiring a seasoned attorney is your best choice if you plan to have any chances of possibly winning your case. Most people charged with suspicion of driving under the influence wait too long. Don’t make the same mistakes as some others have done in the past. Call Yeargan & Kert, LLC today.
Yeargan & Kert, LLC Has The Experience
Jim has successfully defended clients in the state of Georgia for many years. He is one of the best DUI lawyers available. Mr. Yeargan and his associates alone have handled over 4,600 cases. His law offices can be contacted any day of the week. You don’t have to waste time searching for a reputable Johns Creek DUI lawyer. Don’t prolong the stress and worry of wondering what will happen in your case. Give Yeargan & Kert, LLC’s team of professionals a call today.
Make The Right Choices
Many people accused of driving under the influence assume that they must enter a guilty plea in court, but that isn’t always the case. Hiring a proven leader in the profession of defending clients against a DUI charge could save your license and possibly have the case reduced to a lesser charge. One of your rights is to be able to challenge what process was used when you were arrested for the charge. The State of Georgia must prove without doubt that you were in violation of current laws concerning driving under the influence at the time you were arrested.
Hiring a Johns Creek DUI lawyer with a proven track record can help you deal with the situation that you are accused of. Once you contact an attorney, that law office will handle your case until the best outcome can be reached. Being accused of driving under the influence of alcohol or drugs doesn’t mean you must plead guilty to the charge.
You Can Trust A Johns Creek DUI Lawyer Yeargan & Kert, LLC
You can place your faith and confidence in the team at Jim Yeargan ’s law offices. Jim specializes in knowing how the laws concerning driving under the influence work in the state of Georgia. He will work diligently in protecting your rights and making sure they weren’t violated during your arrest for the charge. He will work hard to minimize the impacts of what a driving under the influence charge could do with your lifestyle and future.
Jim Yeargan has successfully defended clients charged with DUI over many years. His proven track record of winning cases or obtaining the best outcome on cases will benefit you. Call the law office of Yeargan & Kert, LLC as soon as you can to let him go to work on your case to prove those results for you.
What Happens When You Are Stopped For DUI In Georgia
You can be stopped by a police officer for suspicion anytime and he has reason to believe you are driving impaired. You can be driving and go through a safety check or DUI safety check. The important thing to remember is that you don’t have to admit guilt at the stop.
Driving Under The Influence Roadblocks
Proper procedures must be followed at all roadblocks in the state of Georgia. Law enforcement has to conduct these checks by certain protocols. It is important that you know what those procedures are in advance so that you know how these operations work.
Your rights could be violated anytime during one of these road checks if not followed by the rules of the law. Roadblocks are usually announced to the public through commercials, news or by placing signs ahead of the actual roadblock. Safety checks are usually done at random. Your rights can be violated at any time during a road safety check. If proper procedures aren’t followed during the stop, you might have grounds to have your case dismissed in court.
If you are placed under arrest for suspicion of DUI or any other charges, it is imperative that you speak to an experienced Johns Creek DUI lawyer as soon as possible. Your Johns Creek DUI lawyer will investigate all the circumstances leading up to your arrest to see if there is just cause to have the case dismissed. Jim Yeargan will work diligently in finding the proper outcome of the case that you are charged with.
Traffic Stop While Driving For Suspicion Of DUI
If you are driving your vehicle and pulled over by a police officer, they must have a valid reason for making the stop. It could be running a stop sign, failure to yield, driving too fast for conditions or any variety of reasons. During the actual stop, the police officer’s video cam should be recording the incident. If he accuses you of driving under the influence, a video of that procedure is part of the court process to convict you of that charge. He must produce just cause that you were physically incapacitated to be driving your vehicle or that can be used to have your case dismissed in a court of law.
The police officer is allowed several ways to determine if you have been drinking while driving or used alcohol before driving your vehicle. He can determine if you have been drinking by the smell of alcohol in your vehicle. There could be physical evidence in the car. Opened containers of alcohol or empty containers could be those signs that he suspects you of drinking while driving.
He may ask you to take a field sobriety test or a blood alcohol content test to determine to what extent you are physically unable to be driving your vehicle. Failure to pass these tests can warrant him just cause to charge you with suspicion of driving under the influence.
After your arrest and booking, you have the right to phone an attorney or anyone else of your choice to inform them of what has happened to you. It can be a good idea at that moment to use the call to inform a Johns Creek DUI lawyer of what happened. Calling Jim Yeargan ’s law offices should be your first choice so that we can go to work in your corner. We can start working on your case from that moment to determine what steps to take to possibly have your case dismissed or any charges reduced. We could minimize the impact of that charge substantially. Our law offices are always open so anytime that you need us, feel free to call.
What A Field Sobriety Test Is
Police officers conduct field sobriety tests to determine if a driver has been actually drinking at some point during the time before they were operating a motor vehicle. By law in Georgia, A police officer may attempt test a stopped driver in a variety of procedures to determine if they are impaired.
These field sobriety tests might be conducted in several different procedures. The officer has the right to ask the driver to perform any test. The driver has the right to refuse to take the test. That doesn’t mean an admission of guilt to the charge of drinking alcohol. The testing used by the officer is used to demonstrate the physical impairment of the driver at the time of the stop. He will check your dexterity, balance and motor control during the test. Highway safety boards in each state use a variety of these tests as a way to determine if drivers have been using alcohol. They were improvised as ways to determine if drivers have no business behind the wheel of a motor vehicle when stopped by a police officer.
One test involves the driver walking a straight line. It could be the white or yellow line on the street. He will observe your balance during the test. Other testing might involve eye movement of the suspected driver. He might ask you to count to 100 or say the alphabet in the correct order.
The second test, that the officer may ask you to take is a Breathalyzer test. He could ask you to take a field breath test as a way to determine the amount of alcohol that you have been drinking. The on-board field cameras equipped in police cruisers will record all the procedures during the stop. This is where the state gets their proof whether or not that you are driving impaired.
After completing the field sobriety tests the officer may ask the driver to submit to a handheld portable breath test (PBT).
Although these tests are somewhat accurate, they surely aren’t etched in stone. Mistakes can be made during the actual procedures that an experienced Johns Creek DUI lawyer can determine were inaccurate and have your case dismissed in court.
Jim Yeargan ’s law office can determine if your rights were violated or if any tests were performed illegally against you. His years of experience can help you win your case and fight for your privilege to drive.
What Drivers Need To Know About Blood And Breath Testing
Chemical testing is one of the most accurate ways that law enforcement have in determining if drivers have been under the influence of alcohol while driving a motor vehicle. These tests determine the BAC or blood alcohol content in the body. Law enforcement uses two types of tests. The first is the breath test and the second is blood testing which is sent to the state crime lab to determine the BAC.
Drivers in the state of Georgia are considered legally impaired if their BAC or blood alcohol content lever is over 0.08 percent and they are of the adult age of 21 or over. A driver under the age of 21 is considered legally intoxicated if their blood alcohol level measures 0.02 percent or higher.
The State of Georgia has what is known as implied consent law. It means that all licensed drivers in the state of Georgia are required by law to consent to these tests. Failure or refusal to take these mandatory tests will result in the automatic suspension of your driving privilege in the state of Georgia. Many people feel that the implied consent laws around the nation are a violation of their constitutional rights, but it is the law of the land until changes could possibly happen.
Habitual Violators or Multiple DUI Charges
Driving under the influence task forces, road safety checks and common traffic stops are the norm to locate and prosecute drivers in the state of Georgia for driving under the influence. Driving under the influence in the state of Georgia isn’t taken lightly. Law enforcement authorities are constantly on the hunt for suspected violators and repeat offenders. Since changes in DUI laws, those convicted of a first-time driving offense while intoxicated, face severe consequences for their actions.
The First-Time Driving Under The Influence Offender
A driver arrested and convicted of a single driving under the influence charge can expect up to and over a $1000 fine, possible days in jail up to a year, probation, fees associated with probation and driver’s license suspension for up to one year. They will have to attend driver education courses, mandatory alcohol and drug related course and possibly perform community service work without any form of pay. This is a heavy price to pay for a first time driving under the influence charge. This is the most important reason why you need an experienced Johns Creek DUI lawyer like Jim Yeargan to handle your case.
A Second Driving Under The Influence Charge
A driver caught for a second DUI charge will receive stiffer penalties. Increased jail time and mandatory community service are in place to deter drivers from making the mistake a second time. A second DUI arrest in the state of Georgia can cost you years of suspension of your driving privileges. The state can suspend your license for up to three years for a second conviction. Drivers may have to install interlock devices on their vehicles and purchase special insurance in order to receive their driving privileges back after suspension. This is another important reason why you need to contact Jim Yeargan and his talented team of Johns Creek DUI lawyers to help protect you from the serious damages of a second charge.
A Third DUI Conviction
Drivers arrested for a third driving under the influence charge face severe consequences for their actions in the state of Georgia. Increase jail time, court ordered probation and drug testing are the norm for these repeat offenders. Drivers can face the possibility of their driving privileges being revoked for a period of 5 years. Fines, court costs and any other fees can cost drivers more than $5000 over a third conviction.
Drivers also face the possibility of a felony charge. A felony charge on your criminal background record can have devastating effects on your future. Your employment opportunities will diminish with a felony conviction on your record. This is one of the most important reasons to call Jim Yeargan to handle your case now. Your entire future can rely on the outcome of a multiple offender case involving drugs or alcohol.
What Happens During the Court Process In Georgia
Once you have been arrested for a driving under the influence charge in Georgia, your case will be handled in the appropriate manner in a municipal court. Having an experienced Johns Creek DUI lawyer is crucial to receive the best results from your case. Jim Yeargan and his associates can help you with your case and inform you of what decisions to make concerning your case. They will guide you each step of the way so you will know what to expect in court.
Municipal Court handles all traffic violations including driving under the influence arrests. Court systems in the State of Georgia vary on the hours that they have court case hearings. After your arrest, you are issued a citation that will have your court arraignment day. You should receive documentation in the mail that informs you what day and time that you need to appear in court. Never represent yourself in court without an experienced Johns Creek DUI lawyer. Jim Yeargan and his associates will help you make the right decisions concerning your case. You can call them anytime to discuss what happen and what directions that they know will help you solve the matter.
Your rights and possible pleas you could consider are as follows:
A guilty plea means that you admit that you were irresponsible and wrong in your actions concerning the charge against you. You accept the penalties that the court will place against you. Entering a not guilty plea means that you deny that you did anything wrong. A Nolo Contendre plea means that you don’t deny you are guilty, but not admitting guilt either. You are simply stating that you don’t contest the court proceedings against you.
A plea of guilty allows the judge to move forward with your case and pass sentence. Pleading not guilty will result in the judge issuing you a future date in court to answer to the charges. If you fail to appear in court on that day and date issued by the judge, a warrant for your arrest will be issued for failure to appear. You have to resolve your court case or the Department of Driver Services in the state of Georgia will automatically suspend your privilege to operate a motor vehicle. If your case hasn’t been taken care of within 28 days of the failure to appear charge, the DDS suspension will automatically take place.
Failing to appear in court is another serious charge that the state will hold against you. The judge will issue a bench warrant leading to your arrest and you could sit in jail waiting for a bond hearing. You will have to sign a bond to be released from jail.
The Many Ways A Johns Creek DUI Lawyer Can Help Your Case
Understanding what can happen in court proceedings gives you the information that you need to make proper choices. You can protect your rights by hiring an experienced Johns Creek DUI lawyer to represent you in a court of law. Never make the mistake of defending yourself in court alone. An experienced Johns Creek DUI lawyer can help you make the wisest decisions concerning the outcome of your charges in court.
Your Johns Creek DUI lawyer will work hard to see that you receive the fairest treatment from the beginning to the end of your court case. He will request all information from law enforcement concerning your arrest on the charges that you face. He will examine the video evidence of your arrest and any procedures that took place during the time of your arrest.
Your Johns Creek DUI lawyer will leave no stones unturned in searching for any violations or improper procedures that law enforcement might have used against you during your arrest and booking. He will use what is known as the discovery process to ensure that you are properly defended when your case goes to court. With years of experience, your attorney will guide you throughout the procedures associated with your case.
Attorneys Can Offer Plea Deals
Many times, a prosecutor for the state will accept a plea arrangement in order to resolve the case. This will happen many times in today’s overloaded court systems. It helps those court systems move along quickly to lesson the backlog of cases on the dockets. Your attorney will work behind closed doors with the prosecutor to negotiate your case for a lesser sentence. A Driver’s past history and behavior play an important role in reducing sentences or having a case dropped to a lesser charge.
If you have never been arrested before or only a first-time DUI offender, your chances are greater at having your sentence reduced by hiring an experienced Johns Creek DUI lawyer. Jim Yeargan can help you solve your problems because he knows the court system. His years of experience will help you move forward from this manner with the best possible outcome.
The Pretrial Diversion Program
In certain instances a Johns Creek case may qualify for the Johns Creek 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.
Administrative Cases And Their Meaning
A blood alcohol content of 0.08 percent or higher at the time of your arrest on the state’s chemical breath test or refusal of such test involve the DDS suspending your driving privilege for a period of 12 months. If you hired a lawyer to represent you, then he should have already filed an appeal in administrative court within the first 10 days to save your license.
The administrative hearing ensures that the arresting officer conducted the arrest in a lawful manner and performed those procedures to the letter. This is very important and another reason why you should hire an experienced Johns Creek DUI lawyer to represent you each step of the way through the court procedures. Yeargan & Kert, LLC can help you navigate through the complicated legal process concerning your case.
Driving Under The Influence For Those Under 21
Underage drinking in the state of Georgia is illegal. Underage driving while intoxicated in Georgia can produce extreme consequences for minors. You can be arrested in Georgia for driving a motor vehicle under the age of 21 if your BAC is over 0.02 percent. The law is strict on minors that drink and drive. You can lose your driving privilege for a period of 12 months because you consumed alcohol and chose to operate a vehicle. Yeargan & Kert, LLC can help you with his years of experience defending underage drivers. Call Yeargan & Kert, LLC to discuss your situation and let him work for you.
DUI and DUI Child Endangerment In Georgia
If you are caught driving a motor vehicle under the influence of alcohol and drugs in the state with children under the age of 14, you can face severe consequences for those actions. Child endangerment laws are in place to protect the safety of minors while traveling. A driving while intoxicated charge with children involved can lead to jail time for the accused. Stiff fines and a criminal record are other results from this type of charge. You could lose custody of your own children over this matter. It is always in your best interest to speak with a qualified Johns Creek DUI lawyer if you are faced with this situation. Call the law offices of Yeargan & Kert, LLC to protect both your children and yourself when faced with this type of situation.
Don’t Do Drugs And Drive
Any type of drug activity, illegal or legal, can lead to a driving under the influence charge. Even prescription drugs that make drivers drowsy can cause them to drive a motor vehicle erratically. Law enforcement can and will make a case against you if you are under the influence of any type of drugs that affect your driving behavior.
This is a more complicated area of current driving under the influence laws. You will need the advice of an attorney to fully understand how you can be arrested for taking your prescriptions and driving your vehicle. Jim Yeargan can offer you legal advice and be on your side to fight for your rights when it comes to this type of charge.
Driving Under The Influence And Possession Of Marijuana
Operating a motor vehicle under the influence of alcohol or drugs is against the law in the state of Georgia. Being in the possession of illegal drugs during a safety check or being pulled over bring even more charges to the driver of the vehicle.
If a law enforcement officer has a suspicion or reason to believe through sight or smell that you have illegal drugs in the vehicle, he can authorize a search of your car. If they find drugs in your vehicle, you can be arrested for that and charged. This is on top of being charged for driving under the influence if drugs are found in your system or in your car.
Never drive a motor vehicle while doing drugs or carrying them in the automobile. You will pay serious fines and jail time if you are caught. Laws are becoming more complicated every single day. This is another reason why you need to contact an attorney immediately following any charges or arrest. Yeargan & Kert, LLC can help you when you face problems and you won’t be alone. They are only a phone call away from helping you solve your legal matters today.
If you have been involved in an accident that takes the life of other individuals, the most important step of your future is finding an experienced Johns Creek DUI lawyer that can guide you. Vehicular homicide is the most serious offense that a driver can be charged with in the United States. Your future can rest on what happens in a case that involves vehicular homicide.
If your blood alcohol level was over the legal limit at the time of the accident, you can be charged with felony driving under the influence. If you had drugs in your system, the felony charges will be the same. It is imperative that you locate an experienced team that knows how the law works in this situation.
Don’t wait. It doesn’t matter whether you are involved in an alcohol or drug related driving under the influence charge. If you are involved in vehicular homicide charges, contact Yeargan & Kert, LLC and their team as soon as possible. They will work diligently in pursuing the best possible outcome to your case. They are ready to help you 24 hours a day, throughout the year.
Johns Creek DUI Lawyers from Yeargan & Kert, LLC
James Yeargan is one of the most respected, and sought after DUI attorneys in the state. He is the Johns Creek 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.