Atlanta Parked Car DUI Lawyer

Atlanta Parked Car DUI LawyerBeing charged with driving under the influence (DUI) while sitting or sleeping in your parked car can be a shocking experience. You may not have even known that it was possible to be arrested for such a thing.

Fortunately, you don’t just have to sit back and accept your parked car DUI charge. You can instead choose to fight back against it and attempt to clear your name by hiring an experienced DUI defense lawyer – like those here at Yeargan & Kert, LLC.

How Our DUI Attorneys Can Help You Fight Back Against Your Parked Car DUI Charge

At Yeargan & Kert, LLC, we believe that everyone who is charged with DUI in Atlanta is entitled to a vigorous defense. When you hire us to represent you in your parked car DUI case we will:

Provide You with Sound Legal Advice

During your case, you will almost certainly have to make a lot of difficult decisions. If you make the right choices, you may be able to improve your chances of getting your DUI charge dismissed or reduced. However, if you make the wrong moves, you may make it easier for the prosecutor to convict you.

Our Atlanta DUI lawyers have been working in the legal industry for years. When you have a tough decision to make, you can count on our experienced team to point you in the right direction.

Negotiate with the Prosecuting Attorney

Depending on the circumstances surrounding your arrest, it may be possible to resolve your DUI case through a plea bargain agreement. The exact terms of such an agreement will need to be negotiated with the prosecuting attorney for your case.

The attorneys here at Yeargan & Kert, LLC, have negotiated with countless prosecutors over the years. As such, we understand what to say to try to convince them to offer a fair plea bargain deal. With our team on your side, you can be confident that you will be well-represented at the negotiating table.

Represent You in Court

If your case cannot be resolved through a plea bargain deal, you will almost certainly need to take your fight to court. There, a judge and jury will review your case and determine whether or not you are guilty. If they believe that you are guilty, they will also decide how you should be punished.

Given the consequences of such a trial, it is vital that you be represented by an experienced litigator throughout the process. When you work with our team, that is exactly what you will get. Our attorneys will make sure that you get a fair hearing in court.

If you would like to have the Yeargan & Kert, LLC legal team help you defend yourself against your parked car DUI charge, please do not hesitate to reach out to us. We would love to set up a consultation to discuss your case in greater detail.

Understanding Georgia’s DUI Laws

According to section 40-6-391 of the Official Code of Georgia Annotated (OCGA), it is unlawful for an individual to be in actual physical control of a motor vehicle while:

The vast majority of DUI arrests are made when a police officer pulls over an individual who is actively driving on a public road or highway. In such cases, the driver is clearly in “actual physical control” of their vehicle.

In instances where the suspect’s vehicle is not moving, however, it is usually left to the arresting police officer to determine whether or not they were in “actual physical control” – a term that is not clearly defined under Georgia law. In making such a determination, officers often examine circumstantial evidence that may indicate that the individual recently drove or intended to drive in the near future.

The police will often find an individual to be in actual physical control of a vehicle if:

The term “actual physical control” gives the police leeway to arrest people who are listening to music, texting, or even sleeping in a car that is not moving.

Are you facing a parked car DUI charge (sometimes known as an attempted DUI) in the state of Georgia? If so, please contact the Yeargan & Kert, LLC legal team as soon as possible. We may be able to help you get your charge reduced or dismissed.

Consequences of a Parked Car DUI Conviction in Georgia

Individuals who are convicted of DUI in the state of Georgia can face a long list of potential consequences – criminal and collateral:

Criminal Penalties

The criminal punishments doled out by the state of Georgia for DUI convictions are largely tied to the offender’s criminal history. More specifically, the penalties are dependent on the number of DUI convictions that the offender has had in the last 10 years:

First DUI

Individuals who are convicted of a first DUI in a 10 year period may face the following criminal punishments:

Second DUI

Offenders who have been found guilty of driving under the influence for a second time in 10 years may face the following criminal penalties:

Third DUI

A person who has been convicted of a third DUI offense in 10 years may be subject to the following criminal penalties:

Fourth DUI

Individuals who are found guilty of drunk driving for a fourth time in 10 years may face the following criminal punishments:

The state of Georgia generally classifies first, second, and third DUI convictions as misdemeanors. However, a fourth DUI is categorized as a felony offense in the Peach State.

Collateral Consequences

Individuals who are convicted of DUI offenses in the state of Georgia don’t just face criminal penalties. They also need to deal with the collateral consequences of their conviction, such as:

Did the police arrest you for DUI while you were sitting or sleeping in a parked car? The experienced DUI Attorneys here at Yeargan & Kert, LLC in Atlanta would love to help you fight back against your charge. To get started, just give us a call and set up an initial consultation with a member of our team.

Defenses Against Parked Car DUI Charges in Georgia

Individuals who are charged with parked car DUIs in Georgia often believe it is only a matter of time before they are convicted. In reality, however, this is rarely the case. With the help of an effective defense strategy, many arrestees can get their DUI charge dismissed or reduced.

Having worked in the industry for years, the DUI lawyers here at Yeargan & Kert, LLC have found that the following arguments tend to be the most effective:

Lack of Physical Control

To convict someone of DUI, the state must show that they were in “actual physical control” of their vehicle. If a defense lawyer can cast doubt on this assertion, they may be able to get the case dismissed.

Inaccurate Blood or Breath Test Results

The state of Georgia uses blood and breath testing to prove that suspects are intoxicated. If a DUI attorney can show that the result of the test is inaccurate or unreliable, they may be able to get their client’s charge thrown out.

Improperly Conducted Field Sobriety Tests

When conducting field sobriety tests, law enforcement officers must follow proper procedures. If they deviate from their guidelines, a skilled defense lawyer may be able to get the entire case dismissed.

Need help deciding on the best defense strategy for your parked car DUI case? Contact the Yeargan & Kert, LLC legal team in Atlanta, GA today. We would love to help you fight to try to get your charge reduced or thrown out.

Arrested on a Parked Car DUI Charge in Atlanta? Contact Yeargan & Kert, LLC Today

The attorneys here at Yeargan & Kert, LLC, have been helping the people of Atlanta fight back against their DUI charges for years. During that time, we have achieved some exceptional results. If you would like to have us represent you in your parked car DUI case, please do not hesitate to reach out and set up a free consultation.