Charged With a DUI in Sandy Springs
You need a lawyer and not just any lawyer. You need one that specializes in DUI law. You need a Sandy Springs DUI Lawyer. You need a Sandy Springs DUI lawyer who is familiar with the system, experienced in fighting Sandy Springs DUI cases, and has the fortitude to maneuver through the complicated administrative processes of the courts. Jim Yeargan became the top-ranked Sandy Springs DUI lawyer by spending years practicing law as a prosecutor and a defense attorney. If you’ve been arrested for driving under the influence, Jim Yeargan can help you get your life back 24 hours a day, 7 days a week, 365 days a year.
You Only Have 30 Days
Anyone charged with DUI in the state of Georgia has 30 calendar days days to protect their right to drive. Within 30 days of being arrested, you must file a legal request for an Administrative License Hearing (ALS), or your driver’s license is automatically suspended for up to one year. Don’t wait! Call Jim Yeargan ‘s office now. He will file the necessary ALS letter with the court immediately, and begin his plan of attack to defend you against a DUI charge. Jim Yeargan is there to launch your defense strategy the moment you contact him. Staff is available to answer the phone 24/7, 365 days a year.
Why You Need a Sandy Springs DUI Lawyer
A DUI charge can ruin your life. From the moment you’re arrested the clock starts ticking in the eyes of the courts, and they have their sights on you. Just because you were charged with a DUI in Sandy Springs doesn’t mean you’re guilty. A Sandy Springs DUI lawyer who specializes in DUI law understands the details of how DUI cases operate. They have first hand experience in acting fast, getting paperwork filed, saving your driver’s license, plea bargaining, trial strategy, arguing to lower fines and reduce jail time. A Sandy Springs DUI Lawyer understands your future and your rights are in their hands. Jim Yeargan is ready to fight for you every step of the way.
Jim Yeargan is Dedicated to Defending You
His devotion to defending those who need help stretches far and wide. Whether you live in the Appalachian foothills or the southern farms in Georgia, Jim goes where his clients need him with the attitude that no case is too big or too small. He earned his law degree from the Walter F. George School of law at Mercer University, was licensed to practice in 2003 and is a practicing Sandy Springs DUI lawyer in good standing within the Sate of Georgia. Jim Yeargan is dedicated to the law, defending his clients and continuing his education with association memberships and accolades like:
- American Bar Association.
- American Trial Lawyer’s Association.
- National Association of Criminal Defense Attorneys.
- Georgia Association of Criminal Defense Attorneys.
- Atlanta Bar Association.
- Gate City Bar Association.
- National College for DUI Defense.
- His proven defense record and dedication to clients earned him the distinction of being one of the most sought after, respected DUI lawyers in Georgia.
- His success has earned him the nickname, “DUI Jim” among his peers.
He handles cases in DUI-DWI, Criminal, Misdemeanor, Felony and White Collar Crime. He lives, breaths and sleeps the law, applying his knowledge and talent diligently to win for his clients. Pick up the phone, and call Jim Yeargan today. All consultations are free.
What Makes Jim Yeargan the Best Sandy Springs DUI Lawyer in Georgia?
James Lawrence Yeargan spent his early career as a prosecutor in the DUI and drug court system where he now defends clients charged with driving under the influence. During his time as a prosecutor, he earned awards, certificates and educational positions that allowed him to teach others about arresting and prosecuting DUI cases. He has worked with the judges, prosecuting attorneys, and police officers involved in your case, which means he already knows what they are going to do, when they plan to do it and how they intend to execute your DUI case. As a prosecutor he accomplished:
- DUI Prosecutor Instructor
- Police Academy DUI Instructor
- Certified NHTSA Field Sobriety Testing Instructor
- Atlanta DUI Task Force
- Certified NHTSA Field Sobriety Testing
- Georgia State Patrol Task Force
- Assigned to Atlanta’s DUI Prosecutorial Task Force
- Certified DUI Detection
- Certified DUI and Drugs
- Graduate, National College for DUI Defense Harvard University
- Certified to operate multiple breath testing machines
With those qualifications, Jim Yeargan is one giant step ahead of the game the moment you hire him. He knows both sides and trained the people involved in prosecuting you. This makes him the Sandy Springs DUI lawyer.
A DUI in Sandy Springs, GA is a Serious Charge. You Need a Sandy Springs DUI Lawyer
The effects of a DUI charge are devastating and can reach far beyond a possible suspended license. It can ruin your life by costing you jobs, requiring high priced insurance and the negative societal disapproval can devastate you and your family. If you are convicted of a DUI, you may lose your driver’s license permanently, be faced with huge financial fines and possibly spend time in jail. Just because you were charged with a DUI doesn’t mean you’re guilty.
You Don’t Have to Plead Guilty to a DUI in Sandy Springs, GA
A skilled Sandy Springs DUI lawyer who specializes in DUI law knows how to analyze your particular case, and they can spare you from unnecessarily putting your future in jeopardy. Everyone charged with a crime in the United States has the right to challenge the system, and that includes you. Jim Yeargan ‘s experience is what you need to contest the case against you, question the cause and procedures used during your arrest and pick apart the evidence being used by the prosecuting attorney.
Sandy Springs DUI Laws Are Complex and Require a Sandy Springs DUI Lawyer to Successfully Navigate Them
Knowing the laws that the police and courts must follow during DUI proceeding is the first step in saving you from a DUI conviction. From the moment you are suspected of driving under the influence, law enforcement must follow certain protocols and procedures. If they do not comply with the rules set for by the state of Georgia, your entire case could be dismissed. DUI Jim knows the procedures that police officers are required to abide by, because he taught the courses they must attend. Work with Jim Yeargan on your defense strategy and make some notes on the circumstances of your arrest by using the information below.
Police Procedure During a DUI
A police officer in Sandy Springs, GA can only pull you over for suspicion of DUI while you are driving or take further action at a checkpoint. Checkpoints are also referred to as roadblocks and mobile checkpoints. It is against the law to stop you for suspicion of DUI if you are not in the process of driving a vehicle or at a checkpoint. Call Jim Yeargan today and find out if you were charged with a serious crime you didn’t commit.
Laws for DUI Checkpoints
DUI checkpoints are legal in Georgia. They are held at random locations weekly throughout the state and upheld by the U.S. Constitution. Legal checkpoints come with rules. If the guidelines are not followed by those conducting the checkpoint, your case could be dismissed. Some of your rights during a DUI checkpoint include:
The location must be pre-approved.
Predetermined guidelines for operation of that specific checkpoint must be set forth beforehand.
The local judicial system must support the checkpoint.
Cars are stopped randomly, documenting how random beforehand. Every 3rd car, 2nd car, etc.
Must be in an area with a specific reason for the roadblock, and promote public safety.
The methods of determining if a driver is under the influence must be dictated in writing beforehand.
This information must be documented before the checkpoint is set up. Finding this information can be daunting. DUI Jim already knows if these rules were followed at every checkpoint. If your rights were violated during a checkpoint, and you were arrested for DUI, Jim Yeargan may be able to get the charges against you dismissed.
Laws for Pulling You Over on Suspicion of DUI
The law states that a police officer must have probable cause to pull you over for suspicion of driving under the influence. That means they need a valid reason like weaving in and out of your lane, running a red light or stop sign, if you are in an accident or any other traffic violations. The officer must document why he pulled you over and present to you a valid reason for stopping you.
Stopped for DUI in Sandy Springs, GA?
If the officer suspects you are under the influence they are allowed to do a sobriety check on you. Examples that give the officer a reason to be suspicious are things like open containers or empties inside the vehicle, the smell of alcohol, slurred speech, slow reaction time or fumbling for your documentation such as your driver’s license. The officer may give you a field sobriety test.
How the Field Sobriety Tests Work
Once a police officer suspects someone of driving under the influence in Sandy Springs, they may give a series of field sobriety tests to determine sobriety. These are physical demonstrations to show skills like motor control, dexterity and balance. This is one way for the officer to analyze if the driver is under the influence. Equipped with on-dash cameras to automatically record the indecent, the field sobriety tests are videotaped and the footage may be used against the driver in court. Jim Yeargan does an analysis of this footage, checking to ensure the field tests were done fairly and properly.
Some of the typical field sobriety tests are to stand with one foot off the ground for several moments, recite the alphabet, follow the officer’s finger without moving your head or lean your head back, close your eyes and touch your nose with the tip of your finger. Failure of one or more of these tests can result in the officer requesting the driver to submit to a handheld portable breath test (PBT).
What to Expect During a Breath Test in Sandy Springs, GA
If a driver fails one or more of the sobriety field tests, a chemical test may be given. Two types of chemical tests are available for the purpose of determining the alcohol content in the body. The chemical test is called the blood alcohol concentration test, or a BAC. Using a breathalyzer is the most common BAC test given in the field. However, when the driver submits to the state’s chemical breath test this is usually done at the jail. While they may seem similar the handheld portable breath test is entirely different from the chemical breath test. While the PBT does give a numerical reading this number is not admissible in court. The officer may only state in court whether or not the test was positive or negative for the presence of alcohol. The state’s chemical breath test does give a numerical reading, and this is the number that may be introduced into evidence in court to prove someone was driving under the influence.
The state of Georgia has determined that a driver over the age of 21 is considered to be driving under the influence if their BAC is over 0.08 percent. If the driver is under the age of 21 and their BAC is 0.02 percent or higher, they are considered to be driving under the influence.
You have the right to refuse a BAC test. Refusal of a chemical test could mean you automatically lose your driver’s license. Georgia is an implied consent state, which means when you accept and use your driver’s license, you consent to a BAC test given by law enforcement at any time. Refusing a BAC test for a 1st DUI offense may result in a one year suspension of your driver’s license. For a 2nd DUI offense, refusing a chemical test means the suspension of your driving privileges for 3 years, and for a 3rd offense it’s a 5 year suspension of your driver’s license.
One way Jim Yeargan can fight a breathalyzer is to check the maintenance records for the equipment. If you were given a breathalyzer, call DUI Jim.
A Blood Test
If the police officer requests a blood sample to determine your BAC, a doctor or licensed health-care professional must obtain the sample. The officer requesting the blood sample has a predetermined statement he must make. DUI Jim knows every word of that statement and if not presented correctly, your case may be dismissed.
DUI Charges Are More Than a Criminal Case
Along side the proceedings of a criminal case, there is an administrative case. The administrative case concentrates on the BAC testing, or the driver’s refusal to submit to testing. Whether you had a BAC over the legal limit of 0.08 percent, or you refused the test at the time of your arrest, the state of Georgia is already in the process of suspending your driving privileges for 1 year. Successfully filing an appeal letter within 30 days of your arrest means the court must schedule an administrative hearing for you. If you want to keep your driving privileges, you must request an administrative hearing.
What Happens When You’re Arrested for DUI in Sandy Springs?
Getting arrested for a DUI in Sandy Springs means you will be booked into the jail. You are given the option of having your case heard in the Sandy Springs Municipal Court, or being “bound over” to Fulton County. Both come with advantages and disadvantages. A judge will set bail, and if you can pay, you will be bonded out of jail. If you call the law offices of Jim Yeargan when you’re arrested, he can help with the bail proceedings and determine which court is best for your particular case for the best possible outcome.
The Court Process
Understanding how the system works can be overwhelming. An Sandy Springs DUI lawyer works within the court system every day, and DUI Jim will keep you informed and help protect your rights through the process. Educating yourself on the basics of how your case will unfold through the system will not only help your case, but relieve some of the stress and anxiety.
When you are bailed out of jail, you are given your citation or bond. The most important information on your citation is the date and time of your arraignment. This is held in front of a judge. The judge will ask if you want to hire a lawyer and explain your plea options and your rights under the law for the offenses you are charged with.
You can plead guilty, where you admit you committed the crime you have been charged with. The judge will then sentence you. Before you plead guilty, call Jim Yeargan . He can help you make this permanent decision 24 hours a day, 7 days a week, 365 days a year. A plea of not guilty means you deny committing the crime, and you will be given a future court date for a trial, or you can plead Nolo Contendre, no contest, in which you neither deny nor confirm you committed the crime.
Do not miss your arraignment hearing or any court dates pertaining to your DUI case. If you miss a court date, you could be charged with Failure to Appear and your driver’s license can be suspended. Missing a court date gives the judge permission to issue a warrant for your arrest. Missing two or more court dates can result in an automatic win for the prosecution.
Not All DUI’s in Sandy Springs, Georgia Are the Same
Driving under the influence cases are a high priority in the Georgia court system. There are mandatory penalties imposed on your finances, your freedom and your future for a DUI conviction. A 1st time offender is handled differently than a 4th or 5th time offender. Extenuating circumstances like driving under the influence with minors in the vehicle, being under 21, having drugs in the car or if someone is killed carry different penalties.
Fist DUI Offense in Sandy Springs, GA
First-time convictions of DUI can carry up to a year in jail, suspension of your driver’s license for up to a year, and up to $1,000 in fines. The judge can also order mandatory community service hours, drug and alcohol treatment, and driver’s education courses.
Second DUI Offense
A second DUI offense in Sandy Springs can result in higher fines, more time in jail and the loss of your driver’s license for up to 3 years. The judge can also order you to have an ignition interlock device installed in your vehicle after you get your driving privileges back. The ignition interlock device is a system that prevents you from starting your vehicle until you blow into the equipment like a breathalyzer. If you have any alcohol on your breath, your vehicle will not start, and a report is sent to the court.
Third DUI Offense
A third conviction for DUI can affect your credit, educational opportunities and employment. Mandatory jail time, probation, the loss of your driver’s license for up to 5 years, and fines up to $5,000 plus court costs are a possibility with a 3rd DUI conviction.
Drivers Under 21 Charged With DUI
It is against the law to consume alcohol in Sandy Springs, GA if you are under the age of 21. If you are under the age of 21, and your BAC is over 0.02 percent, you can be arrested for a DUI. You will not be allowed a special permit for driving to and from school or work if your license is suspended. DUI Jim has hands on experience defending underage DUI clients.
Prescription Drug Use Can Bring a DUI Charge
DUI stands for driving under the influence. That can be alcohol, prescription medications, over the counter medications or illegal drugs. Medications for pain and sleep aids are the most common legal drugs associated with DUI charges. If they carry warnings suggesting dizziness, drowsiness or do not operate heavy machinery you shouldn’t take them and drive. With no set definitions on legal limits like the BAC score, drug-related DUIs are more complex. Jim Yeargan knows his way around the minefield of a DUI with drug-related circumstances.
Illegal Drugs and DUI
If you have been charged with a DUI and there are illegal drugs in your vehicle, on your person or in your system, you can receive a charge of DUI drugs. You may also be charged with drug possession. A drug-related DUI can add a mandatory six month suspension of your driving privileges. This is a hard suspension with no limited driving permit available.
Driving Under the Influence and Child Endangerment
If there is a child under the age of 14 in the vehicle at the time of your arrest for a DUI, you will face child endangerment charges. This is an extremely serious charge and can mean you might lose custody of your child. Don’t hesitate another moment if you are facing this, call Jim Yeargan now. He can you help save your family.
DUI and Vehicular Homicide
If you are involved in a car accident that results in a death, every driver in the accident is given a chemical test for drugs and alcohol. If you are the one arrested for a DUI, you can be charged with one count of vehicular homicide for every death resulting from the accident. Vehicular homicide cases are automatically bound over to Fulton County. This is the most serious DUI charge you can get arrested for. Anyone who is arrested for any crime in the state of Georgia is allowed to make one phone call. If you’ve been arrested for vehicular homicide, make that call to Jim Yeargan . He is ready to help protect your rights day and night.
You Have Options
If you’ve been charged with certain offenses, Jim Yeargan specializes in your options. One option for first-time offenders with no criminal background or other issues with law enforcement is the Pretrial Diversion Program. You take responsibility for the charge, but it will not go on your permanent record. Once you fulfill the program requirements like random drug and alcohol screenings, six months probation and paying a fee, the charge will not be put on your record. Charges qualifying for pretrial diversion include possession of marijuana, minor in possession of alcohol, and shoplifting.
A Plea Deal
DUI Jim may be able to arrange a plea deal for you. Once he examines all the evidence, he meets with the prosecuting attorney and bargains for a reduced charge, or complete dismissal of the charges. If you are a 1st time offender, you have a better chance at a good plea bargain. A plea bargain may still include some form of punishment, but Jim Yeargan knows the prosecution team, and he is the best Sandy Springs DUI lawyer to get a great outcome for your case.
A fist-time offender with no criminal record or other law enforcement issues may not be worth the time and expense to prosecute. Jim Yeargan knows how to use this to your advantage. His team has successfully plea bargained hundreds of cases to reduced charges.
Sandy Springs DUI Lawyer Jim Yeargan Can Help
He can keep a DUI from ruining your life and get you back on the road to success. You are not alone. Jim Yeargan has handled more than 5,000 cases in the state of Georgia with a long list of proven success stories. Contact him as soon as you’re arrested. His office is open and ready to help you 24 hours a day, 7 days a week, 365 days a year. Don’t try to take care of a DUI charge on your own, call the Sandy Springs DUI lawyer, Jim Yeargan .
What Sandy Springs DUI Lawyers Yeargan & Kert, LLC Can Do for You
The Sandy Springs DUI court is complex and filled with life altering consequences if you do not understand the laws and procedures of the system. Contacting Jim Yeargan immediately protects your rights. Through the discovery process, Jim will prepare your defense by obtaining access to all of your records in regard to the DUI arrest from the police department or the Georgia State Patrol. These records contain important information that may get your case dismissed depending on how the police officer interacted with you, videos of any field sobriety tests, and all of the officer’s notes.
Yeargan & Kert, LLC will honestly and legally tell you how your case will be viewed by the prosecution and the judge, advising you the best way to proceed throughout the entire process. Getting started on your defense as soon as possible is paramount to launching a strong case on your behalf. Call the law offices of Jim Yeargan . Don’t wait any longer.
Several positive reviews for Jim Yeargan ‘s law offices on Yelp, AVVO and elsewhere will attest to his talents and ability to win in the Sandy Springs DUI court system.
If you need the best Sandy Springs DUI lawyer look no further. Know your rights. Allow DUI Jim to preserve your rights, help possibly reduce your fines, jail time, save your driving privileges and your reputation. Take action on your own behalf and contact DUI Jim anytime of the day or night, any day of the year. We’re here for you. We’re here to start working on your case today. Contact Yeargan & Kert, LLC today.
Sandy Springs 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 Sandy Springs 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
The Queen Building, 5 Concourse Pkwy #3000
Sandy Springs, GA