Law Office Daniel J Miller - January 2021

Law Office Daniel J Miller - January 2021

INYOUR DEFENSE

JANUARY 2021

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I WOULD USE MY EXPERIENCE TO HELP THOSE WHO NEED IT MOST If Money Were No Object ...

If money were no object, what would you do with your life? You’ve probably asked yourself that question at some point, whether just as an exercise in creative thinking, or to discern what you’re passionate about. Luckily for me, when I ask myself that question, the answer is that I would want to practice law. I really enjoy what I do, and I don’t see myself ever really retiring. However, if money were no object, I would probably try to find some way to work with people who deserve justice, even when they can’t pay for it. One thing our state needs more of are attorneys who can help indigent clients — clients who barely have enough resources to care for themselves, let alone afford legal services when they need them. One example is when a couple is going through a divorce, and one of them clears all the money out of their bank accounts, leaving their ex-partner with nothing. They have no means to pay for legal representation, but they definitely need it. If money were no object, I would represent indigent clients free of charge. As someone with 22 years of experience practicing criminal defense and family law, I have the expertise to help a lot of people. However, because I have a family to care for and employees to pay, I can’t do almost any pro bono work. The most I can do is usually one or two cases per year, completely free of charge, for the people who need them. The last case I tried for free was for a guy in his 20s who was charged with breaking and entering. The twist in the case was that he was autistic. He lived with his mother, who was trying to provide for them both on minimum wage, and therefore she could not afford to pay for legal representation. While plenty of public defenders out there could have probably taken their case, they get so overbooked sometimes. I felt like this case deserved some personal attention. We had him screened on an outpatient basis to determine whether he was competent to stand trial. Based upon the psychiatric opinion letter and my relationship with the assistant commonwealth attorney, they dropped the case.

Those are the kinds of cases I wish I could take on a more regular basis, but twice a year is the best I can do as things stand. If money were no object, not only would I take on more cases for indigent clients, but I would also set up a foundation with the sole purpose of helping them. I would find other attorneys who are really good at what they do and have them as a part of this foundation as well so we could all be a resource to clients who need quality legal services but cannot pay for it. Until then, I hope to help whomever I can with whatever time and resources I have. – Daniel J. Miller

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December and January are prime months for college football greatness. Each year, the top teams in the nation duke it out in more than 40 bowl games during this two-month span. In its 130-year history, the National Collegiate Athletic Association’s (NCAA) bowl games have changed a lot, but the competition is just as fierce now as ever. The origin of bowl games has nothing to do with football. On Jan. 1, 1890, the Valley Hunt Club in Pasadena, California, adorned their horses and buggies with flowers and paraded around the city before squaring off in athletic competitions that included polo, greased pig catching, and chariot races. By 1902, the organizers for the Tournament of Roses saw potential in America’s fast-growing collegiate football leagues and scheduled the much-anticipated Tournament East-West game between the nation’s top two teams on Jan. 1. That game was a dud though. Michigan University toppled Stanford University 49-0, and Stanford forfeited the game with just eight minutes left on the clock. Admitting defeat, organizers went back to their athletic competitions of yore until 1916, when Washington State took on Brown College in the second Tournament East-West game. In 1923, this competition was dubbed the Rose Bowl. ROSES, CHARIOTS, AND A COLLEGE FOOTBALL NATIONAL CHAMPION B attle of the B owls

The name “bowl” comes from the shape of the Rose Bowl Stadium, and other collegiate leagues across the nation have adopted their own versions. The widely accepted original bowl games include the Rose Bowl, the Cotton Bowl, the Sugar Bowl, and the Sun Bowl, and each is played on New Year’s Day. Over time, the number of bowl games grew, which resulted in teams with as few as five wins claiming titles in smaller bowl games. Experts began to ponder how to determine the “true” national champion when there were so many championship games. In the 2014–2015 season, the NCAA sought to answer that question. The championship semifinal games between the top four teams are rotated each year between pairs of the six top bowl games. The winners of the two semifinal bowls then face off in a college football championship. The other bowl games are still played and unofficially determine runners-up. While bowl games may take on a different flair this season, the time- honored tradition of friendly competition and bragging rights is still just as powerful today as it was 130 years ago in Pasadena.

T he F ar -R eaching C onsequences of D riving D runk

Last month, I talked a little about why you should be extra careful when you’re out on the road on New Year’s Eve. Even though that day has come and gone, you should still be vigilant on the roads and never drive under the influence. Getting pulled over for a DUI is alarming and stressful, and it comes with a lot of consequences. Aside from the acknowledgment that you may have put lives at risk by driving under the influence, you might face social stigmas associated with drunk driving, as well as punitive damages in the courts. These consequences might include jail time, license suspension, excessive fines, and even mandatory counseling. On top of that, each of these penalties might increase if you have prior convictions for driving under the influence and if your actions endangered the lives of others. DUI convictions stay with you on your criminal record and can haunt future job interviews, housing prospects, and educational opportunities. As if the possibility of endangering other drivers on the road wasn’t enough to keep you from driving drunk, I hope the legal penalties would be enough to keep anyone from doing it. Unfortunately, that’s not always the case.

So, if you’re drinking over at a friend’s house, out at a restaurant, or at a bar (if they’re even open right now), consider any alternative to driving yourself home. Hire a rideshare service like Uber or Lyft, find a friend to be your designated driver, call a friend or family member to pick you up, use public transportation, or just spend the night at a friend’s place. While walking home might seem safe, every year, many intoxicated pedestrians get hit by cars because they failed to follow traffic laws. So, keep that in mind when you’re deciding on the best way to get home safely. You don’t have to risk jeopardizing your life, your future, or the lives of others just to get home at the end of the night. If you’ve been charged with a DUI, though, remember that you don’t have to go through the legal battle alone. Call our law office at 757.892.5600, and we can discuss a strategy for your case during your free consultation.

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Starting Jan. 1: Are You Ready?

POLICE CAN PULL YOU OVER FOR USING YOUR SMARTPHONE FOR ANYTHING

While driving under the influence may come with hard and fast penalties, that does not hold true for all dangerous driving habits. For example, over the past few years, smartphones have become an increasingly common contributor to the roughly 120,000 traffic collisions that occur in Virginia every year. They’re such a large contributor that, last year, our state lawmakers passed a hands-free law that would ban the use of any handheld device for any reason while behind the wheel. Before this bill passed, texting and answering emails while driving were already illegal in Virginia. However, this law was incredibly difficult to enforce, because other equally distracting apps and social media platforms were still legal. In order for police to be able to pull someone over for texting or emailing and driving, they needed to actually see the driver’s fingers typing out a message. And, in order to do that, police officers were just as distracted as the drivers they pulled over! That was the reason Senator Richard Stuart and Delegate Chris Collins sponsored a bill back in 2019 to make all use of handheld devices illegal, unless the device was designed to allow for hands- free use. Fifteen other states have similar laws that have been very

successful; in fact, 13 of those states have seen a 16% decrease in the annual number of traffic accident fatalities.

While Senator Stuart and Delegate Collins’ bill initially failed to pass the General Assembly, another attempt to pass the same law succeeded. Governor Northam signed it into law in July and the bill goes into effect on Jan. 1 of this year. Anyone caught violating the law after that could face a $125 fine for a first offense and a $250 fine for a second offense. I hope this law will help us all become safer drivers. However, if you ever find yourself in an accident caused by a distracted driver, you should call a qualified legal representative as soon as possible. At the Law Offices of Daniel J. Miller, we can help you get just compensation, so give us a call today!

SUDOKU

BIRTHDAYCAKE BAKED OATMEAL FOR ONE (YES, REALLY)

Did you know that January is National Oatmeal Month? If you tend to think of oatmeal as boring, this fun dessert-themed recipe just might change your mind. To go all out, top with a candle and a dollop of whipped cream.

INGREDIENTS

• 1/2 cup old-fashioned rolled oats • 1 browning banana, mashed • 1/2 cup milk • 1/2 tsp cinnamon • 1 tsp baking powder

• Splash of vanilla extract • 1 tsp brown sugar, honey, or maple syrup • 2 tsp sprinkles

DIRECTIONS

1. Preheat your oven to 350 F and prepare a small oven-safe dish.

2. In a small bowl, combine all of the ingredients except the sprinkles.

3. Pour the oatmeal mixture into the prepared baking dish.

4. Bake for 25 minutes or until the oatmeal is golden brown.

5. Let the oatmeal cool slightly, top with sprinkles, and dig in!

Inspired by ItsTaylerMarie.org

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INSIDETHIS ISSUE

IF MONEY WERE NO OBJECT ... PAGE 1 How College Bowl Games Determine National Champs The Punitive Consequences of Driving Drunk PAGE 2 Don’t Use Your Phone While Driving This Year Birthday Cake Baked Oatmeal for One (Yes, Really) PAGE 3 Give Yourself the Boost of Getting Outside PAGE 4

4TIPS TOMAKEGETTINGOUTSIDE EASIER LETTHATFRESHAIRFUELYOU

Hunkering down and waiting for the dark and chilly winter season to pass sounds pretty nice. But the reality is, if we deprive ourselves of time outside, we do ourselves a big disservice both mentally and physically. Staying indoors all day affects your energy and mood, which makes it hard to get anything done, so here are four easy tips to make it easier to get a little fresh air. 1. MAKE IT A PRIORITY. Getting outside means making the conscious effort to do so. If you want to reap its benefits, you have to decide to make it a priority in your day-to-day schedule. If you make the act important to you, you have more motivation to actually do it. 2. USE MORNINGS EFFECTIVELY. Waking up and getting the day started can be hard. But studies have shown that natural light helps decrease your melatonin production, which means you

feel ready to face the day sooner. So, set yourself a second alarm to head outside and take a quick walk around the block just after waking. Don’t even wash your face or grab coffee. Just get out there. 3. TAKE YOUR WORK OUTSIDE. If you’re working from home, take some work outdoors. Phone and virtual meetings are a great outdoor option, especially if you’ll just be an active listener and aren’t required to do any work simultaneously. Attach a note to your meeting reminders to get yourself set up outside five minutes before you start. 4. CREATE A SCHEDULE. It might feel strange to set reminders throughout the day to step outside, but you easily get wrapped up in activities and overlook breaks, and these reminders are exactly what you need. Start with 10-minute blocks three times a day. If you stick to

them, soon you won’t need a schedule to get outside anymore.

Winter weather may be cold, but even when you’re bundled up under a jacket and scarf, just 5–10 minutes outside can do wonders for your mood and energy for hours.

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