Law Office Of Patrick Silva June 2018

Law Office Of Patrick Silva June 2018

SILVA & SILVA ATTORNEYS AT LAW

PATRICK SILVA DUIs

MEAGAN SILVA Living Trusts and Injury Cases www.willsandtrustlawyers.com

909-798-1500

www.beatmydui.com

JUNE 2018

A CHIP OFF THE OLD BLOCK A MOMENT OF PRIDE THIS FATHER’S DAY

E very Father’s Day, dads all over the country are showered with gifts, calls from their kids, quality time, and all kinds of little tokens of appreciation. But honestly, the best reward I could ever receive as a father is to see my children succeed. Luckily, I get all kinds of opportunities for that: My

Friday afternoon, I came home and put him through a crash course, guiding him on the use of the air compressor, telling him to double-check outside cuts, giving him the lowdown on corner sets — the entire spiel.

daughter Meagan works with me at the firm and is proving to be a talented attorney, and my 19-year-old son Alex is currently smashing expectations at California Baptist University. It’s incredibly gratifying to see my two kids growing up to be such driven, passionate individuals. One recent event with Alex, in particular, was yet another moment that made me feel that, just maybe, I’d done something right as a dad. As anyone who knows me or follows this newsletter can probably tell, I like working with my hands. I’ve written a lot about all the projects I enjoy doing, from installing tile to building block walls to adding entire rooms to a home. So, when Alex came home and asked if he could borrow my truck to pick up some baseboards for his girlfriend’s mom, my interest was piqued. And then, when, the following weekend, he asked if he could borrow my saws, air compressors, nail guns, and all my tools with the goal of actually installing the baseboards, I was really intrigued.

And then he was off. He started at 8 a.m. that Saturday, and after 12 hours of painstaking work, he was done. The home wasn’t your typical layout, and it required a huge number of cuts to the boards to get them to fit correctly, but Alex put the time in and made sure everything looked great. I was impressed to see his handiwork: the care he’d put into every board and how much the finished product really made the room pop in a way it hadn’t before. It gave me a huge sense of vicarious satisfaction to see him take the initiative — and with such success. A move like that is a big step towards self-sufficiency, and I was proud to see him do so well, completely of his own volition. Alex is in his third year at school, blasting through his studies at a rapid pace, with around a whopping 20 credits per semester. Right now, he’s in summer school and should be coming up on graduation within a semester or two. Then he’s off to law school and will eventually come practice with Meagan and me at the firm.

More power to him, I thought, and I told him that I’d lend him whatever he needed and help him remember the basics. When I redid the baseboards on my own home, he was 4 years old, and when we recently set up Meagan’s baseboards, he was right there with me, cutting the boards and carefully installing them, so he was no slouch when it came to projects like this one. One

I guess at that point we’ll have to change the name from Silva & Silva, to Silva, Silva, & Silva — but I can tell you that I’ll for sure be proud to have him on the team. –Patrick Silva

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TALES OF SNEAK ING OUT AND SNEAK ING IN Things That Go Bump in the Night

Trying to slip out a window after Mom and Dad have gone to sleep is nothing new; kids have been trying to sneak out since the invention of houses. These three stories are sure to bring back memories of your own clandestine adventures and close calls! JESSICA: ‘GRAND THEFT MINIVAN’ My parents’ 1985 Ford Aerostar was something of a hot commodity because you could pack seven crazy teenagers in it and go for the best joyrides. As my parents were getting ready for bed, I’d run our air compressor to pretend I was pumping my bike tires, but I was actually using the noise to disguise the sound of the garage door opener. Once they were asleep, I’d pick up my friends, and we’d see how far we could make it in one night. One time, we went too far, and I couldn’t fill up the tank before getting back home. I was sweating as my mom got ready to take me to school in the morning. She turned the key, saw that the tank was almost empty, and muttered, “Your father told me this would be good on gas ...”

had noise sensors that went off every time a door opened or closed. I popped out the screen on my window, figuring I could find a way out from the roof. The only option was to jump to an adjacent

tree that was just out of reach. I went back to my room, grabbed a belt, and tried to use it as a whip, like Indiana Jones. It didn’t grab the branch tightly enough, though. I ended up with three bruised ribs and a sprained ankle, and I was grounded for a month. REBECCA: ‘SNEAKING IN’ Sneaking out was never my forte, but sneaking people in sure was. There was an entry to my basement from the garage, so I would leave the back door to the garage unlocked, and my friends could slip in. One night, we had the bright idea to sneak in some boys. After one of them tripped and knocked over our canned food collection, my parents came running downstairs. When my dad took two steps toward his gun safe, the boys high-tailed it out of there.

JAMES: ‘WISH I HAD A GRAPPLE GUN’ One night, I snuck out to see a girl. My room was on the second floor, and my parents

WHEN AVOIDING A DUI COMES DOWN TO 6 MEASLY MINUTES How My Client, James, Narrowly Avoided Losing His License

Most people assume that being charged for a DUI is an automatic conviction. But in reality, DUI cases have a lot of elements at play, many of them less solid than you might think. Oftentimes in DUI law, the difference between preventing a client from losing their license for a year and getting them off virtually scot-free comes down to a matter of minutes.

that a blood test had determined that he was indeed over the legal limit. But there’s one other vital component of that same law: The test must be administered within three hours of the arrest. The evidence in James’ case showed that between the time that James was allegedly driving drunk and the time the blood was drawn for the test, there was a two hour and 54-minute gap. This means that, in order for James’ DUI charge to stick, they’d have to prove through circumstantial evidence that his drive had not lasted longer than six minutes. When the DMV subpoenaed the officer, he testified under cross- examination that James could have been sitting in his car for an hour before anybody noticed him. He couldn’t prove beyond a reasonable doubt that the test had been administered in that three-hour window. Based on that, James was able to retain his driving privileges and go on his merry way! I was thrilled to achieve such a fantastic outcome for my client, and he was over the moon that he would be able to continue driving. It just goes to show that DUI law is a lot murkier and contestable than most people think.

When my client, James, was charged with his second DUI one late evening a couple months back, his heart sank. He knew that the charge could very easily result in a suspension of his driver’s license for a minimum of a year — a penalty that would have profound implications for his day-to-day life and work. But while gathering information, I found a promising way to contest the charge. The California Vehicle Code 23152(b) VC stipulates that to be convicted of driving under the influence, the police officer must have administered a chemical test that registered you driving with a BAC of .08 percent or greater. In James’ case, the police officer alleged 2 www.willsandtrustlawyers.com | www.beatmydui.com

Why the Marji Gesick 100 Is on My Bucket List AN ENDURANCE EVENT FOR THE AGES

When you spend as much time mountain biking as I do, over time, some races that you once found challenging become little more than routine. Sure, you think, there’s a bit of elevation climb, a steep rocky slope turning the last leg of the course — same ol’, same ol’. But every once in a while, you hear about a race so diabolical, so difficult, that it gains a reputation for its brutality. Those are the races that I can’t resist.

What’s more, unlike most races, there’s no race-operated aid stations, no volunteers along the course, no concessions made to safety or ease. In a very real way, as the site says, “You are on your own … In the event of an emergency your best bet is to call 911 and hope for the best.”

In order to claim the race’s signature hand- forged belt buckle, which is created by a local blacksmith, you have to finish all 100 miles in under 12 hours. That’s a long window for most 100-mile races — according to Active.com, an average century race takes riders around 8-9 hours — but only a handful of racers have ever claimed that honor.

One of these that I just recently put on my bucket list is the Marji Gesick 100, way out in Marquette, Michigan. On MarjiGesick100.com, it’s billed as “100 miles of rocks, roots, punchy climbs, jump lines, flow trails, and soul crushing grinding that DNFs nearly 60 percent of the field each year.” The course climbs a

Sign me up, I say. Though I’m not sure if I’m ready for such a daunting course right this

whopping 12,000 feet, winding through knotty woods, vicious up- and-down hills, creeks, and a devil’s snare of obstacles that would discourage most riders from even thinking of participating.

second, come September when the race rolls around, hopefully my body and bike will be up to snuff. If not, maybe I’ll put it off to next year — or organizers will be scraping my exhausted frame off the sidewalk next to the finish line. Balsamic Chicken With Bacon and Apples

Have You Updated Your Trust Recently?

INGREDIENTS

• 1 1/2 pounds chicken breast, cut into pieces • 1/4 cup balsamic vinegar • 1/2 cup olive oil • Juice of 1/2 lemon • 2 cloves garlic, crushed • 1/4 cup rosemary, finely chopped 1. Blend balsamic vinegar, olive oil, lemon, rosemary, and garlic to create marinade. Pour into bowl or sealable bag and add chicken. Marinate for at least 5 minutes or up to 12 hours. The longer you marinate, the more flavorful the chicken will be. 2. Heat oven to 375 F. Spread DIRECTIONS

• 10 ounces Brussels sprouts, halved, stems removed • 2 apples, cored, peeled, and coarsely chopped • 6 slices bacon, cut into squares • Kosher salt and fresh ground pepper, to taste

• Need to change your trustees? • Adjust percentages for beneficiaries? • New marriage? Recent divorce? • Have your children turned 18 years old? • Acquired new assets? • Just need a trust review? Give us a call today!

sheet. Add chicken and pour any extra marinade over the top. Season with salt and pepper. 3. Bake 20–25 minutes until

chicken is cooked through. For extra crunchiness, turn the heat up to 425 F for the last 5 minutes.

4. Transfer to platter and serve immediately.

Brussels sprouts, bacon, and apples on a baking

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Inspired by wholesomelicious.com

SILVA & SILVA ATTORNEYS AT LAW

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

205 E. State Street Redlands, CA 92373 Phone: 909-798-1500 www.beatmydui.com Legal Advertisement www.willsandtrustlawyers.com

INSIDE THIS ISSUE

1 2

Patrick Silva on a Proud Dad Moment

‘Sneaking Out’ Stories You Have to Read to Believe When Avoiding a DUI Comes Down to 6 Measly Minutes

3 4

The Brutality of the Marji Gesick 100 Race

Balsamic Chicken With Bacon and Apples

3 Fathers Who Risked It All for Their Kids

Fathers Who Put Their Lives on the Line for Their Kids 3 AWESOME DADS

This Father’s Day, thousands of dads will receive a “No. 1 Dad” mug to sip coffee out of at the office. But the following dads took that “No. 1” to a new level.

of his 16-year-old son, Gabriel. He rushed out of his hammock to see a black bear dragging his son away by the head. Without hesitation, he kicked the beast in the side, and when that didn’t work, he leapt onto its back and started punching it in the face. When the bear finally released Gabriel, Greg threw rocks until it fled. His son was hurt but made a full recovery in the hospital over the following weeks. ARTUR MAGOMEDOV SAVED HIS DAUGHTERS FROM ISIS. Artur Magomedov was devastated to discover that his wife had taken his 3- and 10-year-old daughters from their home in Dagestan under the cover of night, flown to Turkey, and crossed into Syria to join ISIS. But he resolved to get his kids back. After a long, hazardous journey, he arrived in Tabqa to embrace his two daughters. To leave the caliphate — under penalty of death — they hitched a ride to the border one night and crawled along a railway line until they were within 70 meters of the border. Then they ran under fire from Turkish border guards until they could scramble into tall grasses. After some help from the Russian consulate in Istanbul, they made it back home, together again and safe.

BRIAN MUNN GAVE HIS SON A LIVER TRANSPLANT. When doctors discovered that baby Caleb Munn had a rare disease called biliary atresia, they told his parents that he was unlikely to survive past age 2 without a liver transplant. Luckily, his father was a perfect match, and he eagerly donated part of his liver in March of 2015 to save his son’s life. GREG ALEXANDER BATTLED A BEAR FOR HIS SON’S LIFE. While camping in the backcountry of Great Smoky Mountains National Park, Greg Alexander was startled awake at dawn by the screams 4 www.willsandtrustlawyers.com | www.beatmydui.com

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