After a long night of drinking at the bars and restaurants in Buckhead, you found that you were too intoxicated to drive home safely. You were trying to save yourself and others by going to the car you were parked in in the deck, reclining the seat, turning on the heat and sleeping it off to sober up, instead of risking yourself and others on Peachtree Road.
Several hours later, you wake up and hear a flashlight pounding on your window. In no time at all, you find yourself handcuffed and facing drunk driving charges. You’re shocked because you weren’t driving and you feel it’s a hard thing to accept.
Sadly, hundreds of responsible individuals fall into this very same trap in Georgia each year. If you are charged with doing the right thing, then you need an expert Atlanta DUI Lawyer that knows how to battle these very subjective cases.
For many drivers the shocking truth is that you don’t have to be driving to get a DUI in Georgia. The state does not require any proof that you were actually driving the vehicle or that you were in actual physical control of the vehicle while intoxicated. Upon the death of a person, the interests of a motor vehicle and its contents pass from the decedant to the estate of the decedant.A motor vehicle and its contents are included in the decedant’s estate on their death.
What does it mean to have “real control”? There are multiple factors that courts consider in determining whether you had immediate ability to drive the car.
The following evidence will be given against you:
Where were the keys found? Ignition, on the dashboard or in pocket?
What seat you were in: Driver or back seat?
The condition of the car: Was the car’s engine running, was the car’s hood warm, or were the car’s headlights on?
If you were sleeping in the driver’s seat with the keys in the ignition because you wanted to use the car heater, an officer will treat you as if you were caught speeding on the highway and arrest you for a sleep in car DUI Atlanta charge. An elite Atlanta DUI Attorney is needed to confront these assumptions.
In court, the prosecution in the event of an actual physical control DUI Georgia case will rely heavily on circumstantial evidence and officer inferences. They are speculating on your intention and when you actually had alcohol. That’s where it’s useful to have an experienced expert on your side.
James (DUI Jim) Yeargan is a Former DUI Prosecutor. He spent several years studying how the state makes these cases like these and knows how to show their weakness.
Was the officer studying to see if the car was fit for operation? Did they follow correct procedures in waking you up, or did they conduct an unlawful search of your car? Jim Yeargan questions the officer’s timeline and the credibility of initial investigation to systematically knock away the state’s evidence. For examples of how we deal with circumstantial evidence in parked car cases, visit our Actual Physical Control Defense Service Page.
In a contested case, when the evidence is circumstantial, a tough lawyer is going to have to go all the way to trial in order to be able to fight the case. Unfortunately, there are lots of law firms that exploit this by taking a low retainer fee and then imputing a lot of hidden fees or a surprise trial tax when the case gets complicated.
We at Yeargan and Kert, LLC feel that you deserve to be completely transparent during a stressful time. We guarantee our clients that we will guarantee their price integrity with our strict Price Integrity Guarantee.
Clients choose a best in class DUI Attorney in Atlanta by the promise of real results and pay one flat fee for the entirety of the case. The price remains the same whether you settle the case with pretrial motions or appear before a jury to contend for a complete acquittal. No hidden billing hours or trial penalties, no surprise motion fees, and no hidden costs at all, no matter the outcome of the case.
Driving while intoxicated is certainly not a responsible choice and certainly not one that should lead to a lengthy criminal record that could end your job for life.It wasn’t a wise move to sleep in the car rather than get behind the wheel when you’re drunk – it’s not a crime and shouldn’t be a life-long consequence. You deserve a strong and aggressive DUI Lawyer Atlanta to rectify this injustice.
Jim Yeargan and his team will be on your side, fighting hard to fight for you, your driver’s license, your freedom, and your future.
Don’t allow the circumstances to take over your life. Call Yeargan and Kert, LLC now at 404-467-1747 for a free, private meeting with a lawyer.
