Bigger & Harman, APC - October 2020

Bigger & Harman, APC - October 2020

BIGGER

THE DAILY DRIVER Attorneys Defending Your Right to the Road

Toll-Free (661) 859-1177 Se Habla Español www.bakersfieldtraffictickets.com HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS , APC

OCTOBER 2020

HOW JOHN ADAMS SET THE STAGE

Who inspires you to do what you do? I’m a lawyer. And one of the lawyers I’ve always looked up to is John Adams, the second President of the United States. I really appreciate a couple of key points in Adams’ life: First, he showed what it was like to be an attorney who put principle before his own well being. In 1770, a number of British soldiers fired upon unarmed citizens of Boston during a riot and killed five people, which was later called the Boston Massacre. The Boston Sons of Liberty, a powerful political group supporting the Revolution, were, of course, enraged about the shooting — but they did not want the British soldiers to have a fair trial. Despite being very opposed to many of the excesses of the British government, Adams strongly believed the soldiers involved should receive a good defense. Even though his friends and colleagues told him that choosing to defend the British would hurt his practice and his reputation — and pressed him not to defend them — Adams did it anyway. Through his defense, Adams reduced the murder charges these soldiers would have received, and instead, they received not-guilty and manslaughter verdicts. None of them were convicted of murder. As his friends had predicted, this choice did hurt his profession in the short term. Long term, however, his insistence on a fair trial showed what kind of a person Adams was. When people began looking for a leader, they looked to him because they knew he would be fair, keep his head, and stand up for what he believed was right. He would not give in to the mob mentality. In 2020, I find myself worrying about that same mob mentally. Online, it seems like that type of thinking prevails no matter what side you take.

Everything has become so politicized that people cling to their side rather than independently examine the evidence and stand up for what the actual evidence shows. They are more inclined to agree with the people they like instead of considering the moral implications of what these people stand for in that moment. The second key point I appreciate about Adams is that he was on the drafting committee for the Declaration of Independence. He was part of the force behind it and even worked with Thomas Jefferson, who was oftentimes a political rival. Adams overlooked their differences and focused on common core principles they both believed in instead of looking for personal gain. To me, the Declaration of Independence is the greatest document in American history, as much as I love the Constitution, because it sets out the principles that make America different. Our Creator endowed upon us certain inalienable rights — in other words, the government didn’t grant us our rights. We have those rights regardless, and the government was designed to protect those rights. We were all created equal, which was not just relevant in Adams’ time, but today as well, especially when we look at everything that’s been happening. The Declaration of Independence established us as a country based on certain ideas rather than landmass or even ruling class. While some people think I’m just defending clients over traffic tickets, to me, it’s about upholding those principles. Just as Adams exemplified over two centuries ago, I believe every client deserves my best, too. The rules of the court should apply equally to them as they should for anyone else who has a lot more money or something else at stake. Even though my clients are “just charged with a traffic ticket,” every one of them deserves due process and a good defense.

–Mark Bigger

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Don’t Turn Your Face Masks Into Petri Dishes Tips for Proper Care and Cleaning

‘What’s the best way to clean my face mask?’

In the span of a few months, face masks went from being something Americans only saw in hospital settings to an item we can’t leave home without.

Johns Hopkins Medicine website states that you can hand-wash your face masks if needed. Use hot, soapy water to wash your masks, scrub the mask for at least 20 seconds, and dry on high heat in your dryer. ‘Where should I store my cloth face masks when I’m not wearing them?’ Put used cloth face masks directly into the laundry basket when you arrive home to ensure they get cleaned in a timely manner and to prevent you from accidentally spreading germs. Have a sanitized place designated to store clean face masks only. Avoid putting face masks in your pocket or purse. Face masks are supposed to help keep us all healthy. Follow these tips to make sure your mask doesn’t become a petri dish.

Earlier this year, a video circulated on social media claiming that you could use a rice cooker to sanitize disposable face masks. This claim is untrue. As stated previously, disposable face masks cannot be cleaned. However, fabric face masks, especially those made of cotton, can be washed with the rest of your laundry. Run them through the washing machine with hot water, then tumble dry on high heat. If you are sensitive to perfumes, use an unscented laundry detergent. ‘Is it safe to hand-wash face masks?’ Since fabric face masks need to be washed after each use, running a wash cycle just to clean a couple of masks can feel pretty wasteful — like doing a load of laundry only to wash the socks you wore yesterday. The

Since everyday use of face masks is still relatively new in the United States, here are some answers from Johns Hopkins Medicine to common questions regarding the proper care and cleaning of your face mask. ‘How often should I clean my face mask?’ Disposable, surgical face masks cannot be cleaned. Johns Hopkins recommends throwing surgical masks away when they are “visibly soiled or damaged.” If you wear a reusable fabric face mask, then you should wash your mask after each day of use to help prevent bacterial growth.

A LANE VIOLATION IN CALIFORNIA HOW THEY OCCUR AND WHAT TO DO

FINES FOR LANE VIOLATIONS The fine for a designated lane violation is typically around $238, depending on the county. When a trucker gets a ticket for this violation, it can be tempting to pay the fine and put the whole experience behind them. We recommend otherwise. CDL holders must challenge every traffic ticket to keep their motor vehicle record clean in California. More importantly, challenging that ticket allows drivers to take the steps necessary to keep their Pre-Employment Screening Program (PSP) record spotless. No one wants to be stuck in low-paying, dead-end jobs after the first year of spending 55–60 hours a week on the road and far too many weeks away from home.

When four or more lanes are headed in the same direction — what we’d usually see on a highway or freeway — a driver can use the No. 2 lane to pass or overtake another vehicle. Yet, not all drivers can use the first and second lanes. According to the California Vehicle Code (CVC) Section 21655, vehicles subject to provisions of CVC 22406 must be driven only in the lane or lanes designated for them, and this applies mainly to vehicles limited to 55 mph. CAUSE OF LANE VIOLATIONS One of the most common reasons for lane violations relates to the speed law differential. California is one of the few states to have different speed limits for certain drivers. For most commercial vehicles, vehicles with two or more axles, or a vehicle towing another vehicle, the maximum speed limit in our state is

55 mph, 10 mph slower than the most common 65 mph limit for others. Many drivers believe this difference in speed limits leads to traffic jams and delays. Many argue this most commonly occurs at entrance and exit ramps, where most vehicles subject to the 55 mph speed law are required to stay in those lanes. When a driver finds themselves behind a large vehicle driving 10 under the speed limit, it’s tempting to swerve into the other lane to get around them, thus causing the lane violation.

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CHANGES AND RULE EXTENSIONS FOR TRUCKERS DURING COVID-19

INTERNATIONAL JUSTICE MISSION Thanks to your referrals, we were able to give $940 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.

When COVID-19 hit our country, truckers were in the news a lot for their undaunted quest to deliver our goods and keep our economy moving. For a brief time, people looked at truckers with a new feeling of respect. As one of the most essential workers in our country, people came to realize that without the hard work and efforts of our semitruck drivers, many other essential workers couldn’t work. Yet, while they might no longer be “trending,” truckers are still out on the road, doing their part to keep our country moving through this pandemic.

In the past months, many rules and regulations have shifted and altered for truckers as trucking organizations, the Centers for Disease Control and Prevention (CDC), and the Federal Motor Carrier Safety Administration (FMCSA) adapt to the ongoing information surrounding COVID-19. Mid-July, the Transportation Security Administration (TSA) extended the Hazardous Materials Endorsement (HME) exemption for Security

Threat Assessment (STA) renewals, as stated in one of many American Trucking Association (ATA) updates on the virus. In addition to dealing with increased time on the road, truckers have found it difficult to renew their STA, which had originally been extended 180 days in the spring — covering March 1–July 31. This expansion adds an additional 90 days to it, giving truckers time to renew through Oct. 29. Then on Aug. 12, the duration of the COVID-19 Emergency Declaration was revised and extended to Sept. 14. “The original declaration was set to expire on Friday [Aug. 14], and the new one now includes a category for food, paper products, and other groceries for emergency restocking of distribution centers or stores.” One of the most impactful changes taking place on June 1, 2020, was the revision of the hours of service (HOS) regulations. This revision provides “greater flexibility for drivers without adversely affecting safety,” writes the FMCSA. Mark Bigger explains that many of the truck drivers he’s spoken to feel good about this change. “They feel those rules on hours, even though they’re well-intended, mess with their schedules and even throw their sleep patterns off, rather than actually helping,” Mark says. We hope that, though these changes were made in light of COVID-19, their benefits continue to influence truckers even after the pandemic is over. Until then, we are here to support these hardworking truckers as they tirelessly support our country.

For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life.

–JOHN 3:16

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, APC HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS BIGGER

Toll-Free (661) 859-1177 Se Habla Español www.bakersfieldtraffictickets.com

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INSIDE THIS ISSUE

A Figure I Look Up To...................................... PAGE 1

Keep Your Face Masks Safe and Clean.......... PAGE 2

Don’t Stray out of Your Designated Lane . . PAGE 2

The Tireless Work of Truckers........................ PAGE 3

The Weird Things Celebs Tried to Trademark. .......................................... 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!

Catchphrase! 6 THINGS CELEBRITIES TRIED TO

TRADEMARK — AND SOME WHO SUCCEEDED

‘YOU’RE FIRED!’ Donald Trump is known for many things, including emblazoning his name on everything he owns. Long before he was president and while host of “The Apprentice,” he filed a trademark on the show’s catchphrase. It was denied because it was too close to a preexisting (and trademarked) board game called You’re Hired. ‘BAM!’ TV chef Emeril Lagasse was a pioneer in the world of cooking shows. He popularized cooking on TV and captivated audiences by exclaiming one simple phrase every time he added an ingredient to whatever he was making: “BAM!” Naturally, he trademarked his signature phrase, but he doesn’t discourage people from using it as long as they keep it in the kitchen.

Celebrities love to trademark all sorts of things for one simple reason: People associate certain words with the celebrity’s brand, and the celebrity wants to protect that. It makes sense from a business perspective, but sometimes it can get a little silly. Read on to see what the U.S. Trademark and Patent Office gave its blessing to and which trademarks it refused to create. BLUE IVY CARTER Just days before their first daughter was born in 2012, Beyoncé and Jay-Z filed for a trademark on her name. The problem was that a wedding planning company called Blue Ivy was already using the name. Plus, Jay-Z mentioned to the media that their intention was to prevent others from using it. The trademark was denied. KYLIE This generic trademark was filed by Kylie Jenner (of the Kardashians and Jenners).

Her intention was to use her trademarked name for marketing purposes. The trademark was denied, and Jenner even ended up in a brief legal battle with singer Kylie Minogue. ‘LET’S GET READY TO RUMBLE!’ One of the most well-known catchphrases of all time was successfully trademarked in 1992 by its creator, boxing announcer Michael Buffer. Even better, it’s made Buffer a very wealthy man. To date, he has made nearly $500 million by licensing the trademark. ‘ROCK STAR FROM MARS’ Back in 2011, actor Charlie Sheen had a very public meltdown. During the episode, he rambled off countless phrases such as “Duh, winning,” “tiger blood,” and “rock star from Mars.” In the end, he tried to trademark a total of 22 phrases, but all were rejected by the U.S. Patent and Trademark Office.

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