Bigger & Harman,APC - May 2018

Bigger & Harman,APC - May 2018

BIGGER

DAILY

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

THE

DRIVER Attorneys Defending Your Right to the Road

MAY 2018

GUILTY UNTIL PROVEN INNOCENT AB-2655 Will Turn California Traffic Law on Its Head

Most folks find it difficult to follow state politics, and I don’t blame them. There’s a lot of legalese to sort through, and it often feels like the voice of an individual won’t make a difference. But for commercial driver’s license holders in the state of California, there has never been a more important time to start paying attention. There is a bill working its way through the state legislature that would fundamentally change California traffic law to the detriment of commercial drivers. Assembly Bill 2655 aims to redesignate traffic infractions to be tried under civil code rather than criminal code. The bill’s defenders claim this change will expedite and streamline traffic law processes. But this streamlining means California drivers will be losing many of the rights to due process that would otherwise be afforded to them. Under criminal code, when you dispute a ticket, the state has to prove beyond a reasonable doubt that you have broken the law. If traffic tickets were adjudicated under civil code, the standard for guilt is going to be far, far lower. The prosecutors only have to prove that it is “likely” that you broke the law. Let’s say a police officer is driving down the highway and spots a truck speeding in the other direction. It takes her a few minutes to turn around and catch up to what she thinks is the truck she saw. If AB-2655 goes through, this officer would only have to be 51 percent certain that your truck is the one she saw for you to be deemed guilty. I don’t know about you, but if I were accused of a crime, I’d want the officer who pulled me over to be completely certain she had the right guy.

But that’s just the tip of this iceberg. Civil adjudication means the loss or reduction of many of the rights you would otherwise be afforded. You might not be able to subpoena witnesses in your defense, the formal rules of evidence will no longer apply, and the officer who accused you may not even have to show her training documents to prove she is

This egregious bill is trying to make money off the backs of the hardworking commercial drivers who fuel this state’s economy. “

trained in radar use. Your trial won’t even be guaranteed to be overseen by a real judge! Civil adjudications are often overseen by “hearing officers” with little to no formal legal training, and you may not have recourse to ask for a judge. What this amounts to is a thinly veiled attempt to increase revenue generated from traffic tickets. AB-2655 means that it will be easier for the courts to collect revenue from traffic tickets. Worse still, California drivers will face an uphill battle disputing these tickets because of being stripped of the rights they would have been afforded under criminal evidence code.

This egregious bill is trying to make money off the backs of the hardworking commercial drivers who fuel this state’s economy. California already has the lowest speed limit for trucks west of the Rockies, making lane changes within the speed limit extremely dangerous. To further penalize commercial drivers, for whom a traffic ticket would cost their whole livelihoods, is inconceivable to me. If you agree, I urge you to write or call your California representative. As a lawyer who spent five years as a legislative aide in Oregon, it is clear to me that AB-2655 was not written by folks who bothered to speak with or understand the needs of commercial drivers. Perhaps they thought this could just skate by without our notice. Ask our office if you want to be included in updates on what is happening to this legislation and who to contact.

You have my word that Paul and I will remain committed to defending the rights of drivers in this state — even when the government won’t.

–Mark Bigger

(661) 859-1177 | 1

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TAKE A BITE OUT OF FOOD POISONING

Food poisoning can hit fast and hard and knock you out of commission for several days. But what is food poisoning? It’s a broad term that covers a number of illnesses caused by a range of bacteria, viruses, and mold. These germs spread like crazy and can come from virtually anywhere, including food, glass and tableware, countertops, door handles, and faucets.

need water in your system. As symptoms subside, supplement water with Gatorade or Pedialyte to ward off dehydration. Avoid over-the-counter medications such as Pepto-Bismol or Imodium. These medications can prolong symptoms. Two days can become four. Your body is working to rid itself of the illness, and these medications slow the process. Clean every surface. These germs spread on contact and often find their way onto food because someone didn’t wash their hands properly. Clean surfaces with bleach-based cleanser. Use disinfecting wipes, or make your own bleach-water solution. Wipe down every surface you have come in contact with. And don’t forget to wash your hands! For a comprehensive breakdown of foodborne illnesses, check out the FDA’s resource site at fda.gov/Food/ FoodborneIllnessContaminants.

• Frequent vomiting • Diarrhea lasting more than 48 hours • Severe pain (particularly abdominal) • Fever (over 101.5 F) • Dehydration (dry mouth, dizziness, extreme thirst, lightheadedness, little or no urination, weakness) • Blurred vision • Muscle weakness If you experience severe symptoms, seek a physician immediately. If not properly treated, these symptoms can cause serious complications, such as kidney and nerve damage. Children, pregnant women, and the elderly are the most susceptible. If you suspect you have food poisoning, stay hydrated . As your body fights off illness, you will lose a lot of water. It may be difficult to keep down at first, but you

It’s often a challenge to identify the source of suspected food poisoning. When you start to feel sick, you think back to what you ate earlier in the day. Was it spoiled sandwich meat? Cream cheese? The salad? Something else entirely? The biggest food poisoning culprits — norovirus, E. coli, salmonella, Campylobacter, and Listeria — can come from foods that smell, look, and taste fine. It’s not just the spoiled stuff. Overall, symptoms tend to be consistent:

• Nausea • Vomiting • Diarrhea

• Abdominal pain • Moderate fever

Symptoms typically begin 1–6 hours after eating contaminated food and last 2–3 days. In some cases, people may experience more severe symptoms:

THE INCREDIBLE JOURNEY OF

Bobbie the Wonder Dog

Imagine America in 1923. Yankee Stadium opened its doors for the very first time. Walt and Roy Disney founded The Walt Disney Company. The first issue of Time magazine hit newsstands. President Warren G. Harding died of a heart attack in office,

throughout their stay, but time ran out, and the Braziers had to return home to Oregon without their beloved Bobbie.

What the Braziers didn’t know was that Bobbie had been searching for his family as well. He may have been scared away, but he was determined to get back home. And so began his incredible journey. He turned his head west and began walking. And walking. With winter setting in, Bobbie had a monumental task ahead. Bobbie swam across numerous rivers. He trekked across the Great Plains and over the Rocky Mountains. While we will never know exactly what Bobbie endured, we know he made it home. Over 2,500 miles later, in February, 1924, a tired and beaten-down pup arrived home in Silverton, Oregon, to a stunned family.

and Vice President Calvin Coolidge became the 30th president. And Bobbie the Wonder Dog trekked 2,550 miles to return home. Of all the stories to come out of 1923, Bobbie’s may be the most incredible. It all started with a road trip. The Brazier family of Silverton, Oregon, decided to take a road trip to visit relatives in Wolcott, Indiana. Mom, Dad, their two daughters, and their Scotch collie piled in the family Overland Red Bird touring car and headed across preinterstate-highway- system America. Several days later, after the Braziers had settled in with their Wolcott relatives, Bobbie the Scotch collie was attacked by a pack of dogs. The dogs scared Bobbie away, and despite a long search around Wolcott, the family was unable to find any trace of the collie. The search continued

Bobbie the Wonder Dog’s story made national headlines. He received a medal and the key to the city, and he became a silent movie star in the film “The Call of the West.” Today, you can visit Bobbie’s memorial near his home in Oregon.

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RECEIVING A TICKET ON THE GRAPEVINE

HAVE A LAUGH

Every trucker who has ever hauled a load across the state of California knows about the section of road on I-5 known as the “Grapevine.” This is a freeway in Central Valley, California, that has an average 4 percent grade on the northbound descent. Some portions of the road are even close to 6 percent and plunge 2,600 feet over an 11-mile section. Because of this slant, the Grapevine is a dangerous stretch of highway. If the road could talk, the stories it would tell would be hair-raising! Many runaway truck ramps have been installed over the years in an attempt to prevent any more of these kinds of stories. The speed limit was even reduced to 35 mph for truckers and several other vehicles subject to California vehicle code 22406 and 22407. No one likes getting points added to their commercial driver’s license (CDL). In California, CDL holders are held more accountable than others on the highway. When a regular driver gets a speeding ticket, the DMV assesses a “negligent operator point,” which is only assessed on moving violations. A CDL holder gets assessed a 1 1/2-point penalty for the same violation. If you’ve gotten a speeding ticket going down the Grapevine, you’re not the first, nor will you likely be the last. In fact, we have represented hundreds of clients in Santa Clarita, Lamont, Shafter, and Hanford traffic courts who were ticketed on I-5. In all, we have successfully represented more than 4,000 drivers in Central Valley and some in SoCal county courts, including LA, Barstow, and Riverside. When most truckers come in to see us, it is not because they have a particular defense or that they think are better than anyone else. Mostly, it’s because their livelihood is on the line and they need to give themselves a chance to win. With us, they have a better chance of success due to our constant vigilance and the time we’ve spent in traffic court and the law library. We have the knowledge and experience to get you through court. We are proud to serve the guys and gals that deliver the goods for the people of California.

WORD SEARCH

BLOOMING MAYO EMERALD GARDENING

GEMINI LILY MAY DAY MOTHERS DAY

NIGHTINGALE SPRING TAURUS WARM

Call Bigger & Harman at (661) 859-1177 to inquire about the specifics of your ticket or email us at [email protected].

(661) 859-1177 | 3

, APC HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS BIGGER

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

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

1701 Westwind Drive Suite 203 Bakersfield, CA 93301

INSIDE THIS ISSUE

State Bill Would Strip Truckers’ Rights.... PAGE 1

When Lunch Attacks..................................... PAGE 2

Bobbie the Wonder Dog’s Incredible Journey......................................... PAGE 2

Receiving a Ticket on the Grapevine........ PAGE 3

Gear Up for Grilling Season ....................... 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!

GET YOUR GRILL ON 2 May Holidays, 2 Reasons to Grill Is there anything more American than grilling a burger outside on Memorial Day? This year, there’s another reason to fire up the grill that weekend: In addition to being Memorial Day, May 28 is also National Hamburger Day! Enjoy this delicious coincidence by heating up the grill, gathering the fixings, and making one of these tasty burgers at home. THE CLASSIC BURGER Nothing beats the American classic: a seasoned beef patty, a slice of cheddar cheese, a squirt each of mustard and ketchup, a layer of crunchy lettuce, some thinly sliced onions, and a couple of zesty pickles. For a homemade touch, make the pickles yourself by soaking cucumbers in a brine of vinegar, dill, and salt. THE MEDITERRANEAN BURGER Take your patty to the next level with a Mediterranean twist. Mix feta cheese and garlic into your ground beef before forming your patties. Serve it on a grilled ciabatta bun topped with marinated red peppers and arugula for flavor and texture. If you want to get extra fancy, pour a bit of balsamic reduction over the patty before adding the toppings.

THE PORTOBELLO BURGER For a delicious veggie burger even meat eaters will love, use a portobello mushroom as your patty. Remove the stems, then marinate the mushrooms for 15 minutes in a mixture of 1 tablespoon red wine vinegar, 3 tablespoons olive oil, and a clove of minced garlic. Season the shrooms with salt and pepper, then place them on the grill just as you would any other burger. Gruyere cheese is the perfect creamy topping, and you can use grilled focaccia bread topped with garlic aioli. As you bask in the late spring weather and the inviting smell of delicious food this Memorial Day, take a moment to remember the Americans who gave their lives so we could enjoy these freedoms, and thank those who served.

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