Bigger & Harman, APC - December 2020

Bigger & Harman, APC - December 2020

BIGGER

The Value of Christmas LOVE, CARE, FOCUS, AND GOD THE DAILY DRIVER Attorneys Defending Your Right to the Road Part of why I love the holiday season is that I get to spend time with my family. For Christmas, I usually travel out of state to spend Christmas Eve, Christmas Day, and the few days leading up to New Year’s with them. However, one year, my annual trip did not go as planned. At the time, my family was living up in Oregon, so I decided I was going to drive up to see them. As I drove through Northern California, a snow storm hit just as I was passing through the little town of Weed, Calif. I’d been driving along the Interstate 5 when I realized that the freeway was being closed and that I wasn’t going to make it to my family’s for Christmas Eve. Luckily, I knew a friend whose parents lived in the area and ended up calling him up. He was in town for Christmas, drove to the highway and gave me a ride back to his house. While I was disappointed that I couldn’t wake up Christmas morning to see my family, I was very blessed that these folks allowed me to stay with them. The experience has stuck with me ever since because, to me, it shows the value of family, hospitality, and the Christmas story. My friends’ parents, even as they thought about spending time with their family and worrying about their own, still went out of their way to make me feel at home on Christmas Eve.

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DECEMBER 2020

We discuss where our focus will be and discuss whether or not we met the goals we set the previous year. All of this is from the perspective of what Christmas gives us. I predict that this year, my brother-in-law, my dad, and I will have quite a lot to discuss. 2020 was so chaotic that I believe we’ll talk quite a lot about focus. This year not only had COVID-19 and its unprecedented disruption to America and daily life, but the country has also experienced painful unrest. It feels as though people have become almost incompatible with each other due to politics. Yet, it is because of this that I believe Christmas and New Year’s are so important: They remind us of the perspective we need to have in our daily lives. We love our country, but we can’t control everything about it. What we can do is focus on what’s within our control, such as planning out our year and spending time with family. It’s also a reminder that we can bring the glory of God into what we do, remembering He is ultimately in control and loves us irrefutably. –Mark Bigger

“CHRISTMAS, FOR ME, IS THE BEGINNING OF THE STORY THAT IS THE REASON FOR EVERYTHING I DO.”

This ties into the other aspect of the holidays that means so much to me. Christmas, for me, is the beginning of the story that is the reason for everything I do. It’s where hope comes from, even in the most difficult of times. When things are overwhelming, I look back to Christmas and know there is a God who cares about me and sent His Son to give us that hope. That’s the reason why everything else matters: Everything I do is for that focus and purpose. As my family celebrates Christmas together, we make it a point to focus on the “why” of Christmas, particularly for my nephew and nieces. We want to make sure they understand how valuable family time is and that God truly and undeniably loves them. Then, of course, there is New Year’s. When we move into that time of reflection, my father, brother-in-law, and I get together for a planning session. It’s an “iron shapes iron” tradition where we talk about what we want to do for the new year and how we can make the best impact on those around us.

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NOT JUST A CORN COB PIPE AND BUTTON NOSE

THE SURPRISING HISTORY OF THE SNOWMAN

Building a snowman is one of the most picturesque winter activities, which is why snowmen have become a wintertime cultural icon. A snowman appeared on the very first postcards, was the subject of some of the earliest photos, and even starred in silent movies. Frosty may be a happy snowman now, but his ancestors have a much more varied — and sometimes dark — history. THE MIDDLE AGES Snowmen were a phenomenon in the Middle Ages. They were constructed with deep thought and great skill because, during a time of limited means of expression, snow was a free art supply that literally fell from the sky. These artistic feats were popular winter attractions for well-to-do couples who wanted to get their fix of temporary art. Snowmen were often created by famous artists, including 19-year-old Michelangelo

who, in 1494, was commissioned by the ruler of Florence to sculpt a snowman in his mansion’s courtyard.

THE MIRACLE OF 1511 In Brussels in 1511, during six weeks of

Dutch settlement, which was under the constant threat of attack. Soldiers guarded the gates at all times because they were frozen open, but during a blizzard, they left a pair of snowmen to protect the gates while they sought shelter. That’s when 200 French Canadian soldiers and Native Americans approached. Naturally, they were unfazed by the snowmen and ruthlessly invaded the settlement. Building a snowman seems like a simple and charming activity, but after learning about its surprising history, you might find those piles of snow seem a little more complicated and a lot more meaningful than before.

subzero temperatures called the Winter of Death, the city was miraculously adorned with hundreds of snowmen. The spectacle told stories on every street corner — some political and some demonstrating anger with the church, many too risque to speak of. For the people of Brussels, this Miracle of 1511 was a defining moment of artistic freedom. But when spring came and the snow thawed, the Belgians were left with damaging floods. THE SCHENECTADY MASSACRE Not all snowmen have an innocent history. In 1690, former Fort Schenectady in upstate New York was home to a remote

IMPROVING YOUR CSA SCORE BE PREPARED FOR YOUR NEXT INSPECTION

2020 is coming to an end, and the new year is just around the corner. While we may not know what 2021 will bring us, we do know we must prepare for it. For truckers, this could mean getting their commercial motor vehicle (CMV) inspected if they haven’t done so already.

As you are aware, inspections are a vital part of a CMV’s Compliance, Safety, and Accountability (CSA) score. If the Commercial Vehicle Safety Alliance finds any maintenance shortcomings, CSA severity scores can rise dramatically. This can place your CMV in an out-of-service (OOS) status, which can drastically influence your livelihood: An OOS order adds 10 CSA points to your license. More points can be added if the inspection reveals any more deficiencies with the vehicle. To improve your CSA score and reduce your likelihood of having points added, you can take a few precautionary steps before the inspection even occurs. MANAGE FATIGUE Fatigue is difficult to prove and is often seen as a matter of opinion. That’s why it’s essential to put a fatigue management plan into effect well before any inspections take place. As an added precaution, ensure you stay well below the maximum driver hours

and regularly take a 30-minute break in your workday. By taking these steps in advance, an inspector will not have any reason to add CSA points for your being too tired to drive. PREVENT UNSAFE DRIVING VIOLATIONS To improve your CSA score, put measures in place that help you avoid unsafe driving violations and align with CSA compliance. One good practice is to increase your awareness of violations that may occur while driving and what being pulled over for one could mean. A few areas to focus on are following too closely, driving unbelted, speeding, and using a cell phone while on the road. By reviewing these and actively practicing awareness, you create good habits that will benefit your CSA scores. If you received an inspection violation or have been issued a traffic ticket, it’s time to take action. Call Bigger & Harman today at (661) 859-1177 for a free consultation.

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Any of the 350 misdemeanor hazardous materials (hazmat) violations are career enders. Just one misdemeanor can cost a driver tens of thousands of dollars or can send drivers and small indie owners to a county jail. As an owner-operator, you could be liable for civil penalties by the FMCSA if convicted of a misdemeanor hazmat violation. To make matters worse, many sections of the CA traffic code put these burdens directly on the owner and driver, meaning you could be liable for those civil penalties and fines and jail time. At Bigger & Harman, we come across many cases involving misdemeanor hazmat violations. Here are three of the more common cases we see. SPEEDING Out of all the misdemeanors, speeding is the No. 1 violation drivers face. Across the country, speeding tickets are the most frequently issued traffic citation. To the DOT compliance and FMCSA rules, 15 MPH or over is a serious offense. On a first offense, a driver will earn 10 points, a 60-day disqualification on a second offense, and a 120- day on a third. However, very few states besides California have a misdemeanor speeding fine that applies only to CMVs. A 100 MPH TICKET THE 3 MOST COMMON MISDEMEANOR HAZMAT VIOLATIONS

INTERNATIONAL JUSTICE MISSION Thanks to your referrals, we were able to give $920 to fight human trafficking. To learn more about International Justice Mission, please go to IJM.org. MISSION: To protect the poor from violence by rescuing victims, bringing the criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts. Our long-term vision is to rescue millions, protect half a billion, and make justice for the poor unstoppable.

MISSING OR OUTDATED ROUTE MAP According to vehicle code 31611, Transportation of Explosives, each truck must carry authorized maps outlining “... safe stopping places prescribed by the regulations of the Department of the California Highway Patrol for vehicles transporting explosives.” It is up to the owner of the vehicle to acquire and issue these authorized maps. In the state of California, this conviction can result in a $4,175 fine and three NOTS points.

For from him and through him and for him are all things. To him be the glory forever! Amen. ROMANS 11:36

MISSING SHIPPING INSTRUCTIONS WITH EXPLOSIVES A driver is required to accept “a bill of lading or other shipping paper supplied by the shipper,” as stated by Transportation of Explosives. Those instructions must state the type of explosive and come with a statement from the shipper saying the contents were labeled, packaged, and marked according to DOT standards. The shipper must also provide the driver with the correct placards for the vehicle. If you have been issued a misdemeanor hazmat violation, call Bigger & Harman for legal counseling before you make any statement to the CHP. We can help you.

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, APC HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS BIGGER

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INSIDE THIS ISSUE

The Center of Everything I Do............. PAGE 1

The Surprising History of the Snowman............................................ PAGE 2

Don’t Let an Inspection Impact Your Livelihood........................................ PAGE 2

Misdemeanor Hazmat Violations......... PAGE 3

The Story Behind 3 Laws Named After People............................... PAGE 4

Have a ticket in California? Give us a call, and we’ll help you out! Regardless of the location, we can point you in the right direction free of charge!

3 Laws Named After People THAT ALL AMERICANS SHOULD KNOW

his father’s reaction to his son’s horrific death impacted generations of victims. His father, John Walsh, went on to create the National Center for Missing and Exploited Children and hosted the popular TV show “America’s Most Wanted” for 23 years. The act created a three-tiered categorization for sex offenders, designated requirements for registering as a sex offender, and included a provision that requires offenders to report their whereabouts. THE MUHAMMAD ALI BOXING REFORM ACT Boxing is a tradition that stretches back to the early Egyptians, but it wasn’t until 1999 that Congress took action to protect these heavyweight fighters from greed and exhaustion. The Muhammad Ali Boxing Reform Act — known as the Ali Act — sought to protect boxers from promoters who took advantage of sports bets to make a quick buck. Experts identified many unethical

business practices that put boxers in danger and stripped them of their rights to payment. The act was signed into law on May 26, 2000. Though it bears the name of famed boxer Muhammad Ali, there are no explicit ties to him, but the boxer did fervently support the bill in Congress. KARI’S LAW In 2013, Kari Hunt Dunn was killed by her estranged husband in a hotel room in Texas. Her daughter, who witnessed the event, knew to call 911 but was unaware that she had to dial 9 first to make an outbound call. Kari’s parents sought to change that by advocating for Kari’s Law, which was introduced in the Texas legislature in 2015. The law was signed into effect nationwide in 2018. It mandates that hotels, businesses, and other multi-line phone operating systems can no longer require dialing a 9, or any other number, prior to making a 911 call.

Perusing a list of federal laws may read like a yearbook of crime history. Bills introduced in Congress are often named after the victims of horrific crimes, greed, and exploitation to honor those victims. Below are three such laws. Each has made a lasting impression on society and culture. THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT The Adam Walsh Child Protection and Safety Act was signed in 2006 — 25 years after 6-year-old Adam Walsh was abducted from a Florida shopping mall. Adam’s body was found 16 days later, and

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