The Law Offices of Daniel J. Miller - May 2022

The Law Offices of Daniel J. Miller - May 2022

INYOUR DEFENSE

MAY 2022

757.852.3000 | LegalDefense.com

YOU DON’T HAVE TO RUSH INTO THE NEXT STEP Graduating This May?

As we approach the summer season, many young adults will be taking some of their first steps toward college or a career path. May is often graduation month, which can be an incredibly stressful time for seniors in both high school and college. They’re making decisions that will inevitably impact the rest of their lives. It’s important to take time to truly reflect on things so you can make the right decisions for yourself. When I graduated from college, I had absolutely no idea what I wanted to do with my life. I earned my bachelor’s degree in philosophy but had very little interest in becoming a philosopher full- time since I didn’t think that career path would allow me to even pay my bills. Thankfully, I had a backup plan in place that allowed me to go out and experience the world before settling on a career. I’ve always had an affinity for music and spent much of my youth playing the drums. I continued to play throughout college and decided I would continue playing with my band after graduation. We floated around the country playing for about seven years while I

college, or between school and starting a career, use that time to find yourself. There’s plenty of time to do things in your life that will be set in stone once you start your career. In my situation,

once I had my goal cemented in my mind and fully thought it through, I was much more motivated than I would have been if I had gone directly from college to law school. Additionally, if you think you know what you want to do, or have multiple ideas, try and find some entry-level jobs in the field. Dip your toes in before you get too deep in the water. It will help you

contemplated what I wanted out of life. Those years of playing in a band allowed me to grow as an individual. When I was just graduating from college, I did not possess the level of maturity needed to succeed in the workplace. Those seven years of being a traveling drummer showed me that the musician’s path was not meant for me. I had no interest in living out of a suitcase or staying up until dawn day in and day out. I realized I wanted a family and a career that was

gain a greater understanding of the industry as a whole while also providing you with experience if you decide to pursue that career path. As the hiring partner at our firm, applicants always look more appealing if they have some experience rather than just an education. That goes for industries other than the legal field as well. As you or your children prepare to graduate from any level of education, take some time to think about what you or they really want to do

“If you are able to take time off between high school and college, or between school and starting a career, use that time to find yourself.”

meaningful to me. My philosophy major was focused on logic, and I understood the importance of applying logic to our laws. When I came to this realization, law school was an obvious next step. My experience is one that I’m thankful for but very few young adults have that opportunity. My advice to any graduating senior is this: If you are able to take time off between high school and

next. Your next decision may be a big one, so you don’t want to rush into it. It’ll save you so much time and stress down the road, and you’ll be thankful you took some time to prepare for the next step. –Daniel J. Miller

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DUI s and P ersonal I njury

AND POTENTIAL COMPENSATORY AND PUNITIVE DAMAGES

Cinco de Mayo is right around the corner. Over the last few years, the holiday has earned a reputation as one of the most dangerous days to be on the road. According to a 2021 AutoInsurance.org report, Cinco de Mayo is now ranked as the fifth most dangerous holiday for driving. That’s up five spots from the previous year, and it’s earned that spot due to the high frequency of drunk driving-related fatal crashes. Being involved in a drunk driving accident can completely change your life, regardless of your role. If you’re the drunk driver, you could be looking at license suspension, fines, and possibly jail time on top of a potential lawsuit from the person you hit. If a drunk driver hits and injures you, no doubt you’ll deal with physical and emotional trauma. After you’ve sought out medical attention, you may want to consider legal action.

Being injured in a drunk driving accident entitles you to compensatory damages and possibly even punitive damages. The compensatory damages will help you receive compensation for medical bills, lost wages, physical injuries and pain, and even inconvenience. Punitive damages penalize the defendant for their actions and are paid in addition to any compensatory damages. Not everyone involved in a drunk driving accident is eligible for punitive damages. In 1994, the Virginia legislature introduced a law that made proving punitive damage claims more uniform from case to case. In order for a plaintiff to pursue a punitive damage claim, three criteria have to be met. The first is that the defendant’s blood alcohol content at the time of the crash meets or exceeds .15%. Second, the defendant knew or should have known their ability to operate a vehicle would

be impaired. And third, the defendant’s intoxication was the cause of the plaintiff’s injury or death. Being involved in a drunk driving accident can change your life permanently. If you’re in need of representation, please give our office a call.

P addle Y our W ay to B etter H ealth

BIG BENEFITS OF CANOEING AND KAYAKING

MENTAL BENEFITS

The weather is getting warmer, which means you can do more activities in the water. Canoeing or kayaking is an excellent way to get outdoors and be active. Besides looking at the beautiful scenery around you, taking to the water confers several physical and mental health benefits.

• While canoeing or kayaking, your body releases serotonin, dopamine, and endorphins from neurotransmitters. This will help boost your mood and self-confidence and improve your focus. • These activities can enhance your memory and learning ability. This is because it exercises your hippocampus, one of the largest portions of your brain that is responsible for verbal memory and learning. • If you have trouble sleeping, this activity can improve your sleep. Exercising during the day can make you naturally tired, which helps you fall asleep and stay asleep throughout the night. • Since you’ll be in the sun, your body can produce more vitamin D. This vitamin is essential for strong bones and an effective immune system. Canoeing and kayaking are great outdoor activities to help you get your daily dose of physical activity and a mental health boost. So, enjoy the warm weather and be one with nature — this may be your new favorite summer hobby this year!

PHYSICAL BENEFITS

• Paddling can help improve your upper-body strength and muscle tone — because you’re using your arms to guide yourself through the water with the paddle. Paddling helps strengthen your arms, shoulders, chest, and back. • You use your legs to balance, maneuver, and change directions in the vessel. In turn, this movement helps s trengthen your lower-body muscles. • While trying to stay centered and balanced on the water, you will develop more core strength. Paddling helps work your lower back, abs, and oblique muscles. • It’s a form of cardiac exercise that will help your heart circulate more blood throughout your body. It will also improve your endurance, enabling you to go longer distances faster.

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Back in the day, if you wanted to get somewhere and you didn’t have a car or didn’t want to drive your own vehicle, you would call a taxi. While taxis can be incredibly convenient, they are not available everywhere in the country and rates vary from service to service. In 2009, Uber was just getting started and was unaware of just how much they would change the transportation industry. Now that Uber and other rideshare services are mainstream, we’ve discovered an added bonus these companies provide. Recently, the Journal of American Medical Association published a study showing that Uber’s presence in a city helps reduce the rate of accidents involving drunk drivers. In the study, researchers from the University of Texas Health Science Center at Houston examined DUI arrests and serious motor vehicle incidents in Houston between 2007 and 2019. Their research found that after Uber came to Houston in 2014, motor vehicle collision traumas decreased by almost 24% on Friday and Saturday nights for all ages. For those under the Does Uber’s Service Prevent Drunk Driving?

age of 30, this number decreased by nearly 40%. Additionally, DUI arrests dropped significantly for every day of the week, and weekends saw the greatest reduction. In Houston’s city center, which had higher usage of Uber than the suburbs, all categories of impaired driving arrests decreased. Uber says it has also gathered information from its rider base via surveys that shows riders who use their service avoid drinking and driving. Brooke Anderson, Uber’s director of product communications, has previously stated that “80% of riders say that Uber has helped them personally avoid drinking and driving.” On the opposite side, a study published back in 2016 by the American Journal of Epidemiology found that the rise of Uber didn’t correspond to any decrease in fatalities because the people riding in an Uber were more likely to take taxis or public transportation instead of their own cars anyway. While contradictory arguments continue about the effectiveness of rideshare services in decreasing drunk driving accidents, one thing is for sure: If you’ve been drinking and need to get somewhere, it’s much safer to take an Uber or other rideshare to your destination than drive yourself.

MOTHER’S DAY BRUNCH RAINBOW FRITTATA

SUDOKU

Inspired by EatingWell.com

Impress Mom with this delicious breakfast recipe!

INGREDIENTS

• Nonstick cooking spray • 1/4 cup sweet potato, diced • 1/4 cup yellow pepper, diced • 1/4 cup broccoli, chopped • 8 eggs

• Basil, thyme, salt, and pepper, to taste • 1/2 avocado, pitted, peeled, and thinly sliced • Cherry tomatoes, halved • Sriracha hot sauce (optional)

DIRECTIONS 1. Preheat oven to 350 F and coat a cast-iron skillet with nonstick cooking spray. 2. In the skillet over medium heat, cook sweet potatoes, yellow pepper, and broccoli until soft. 3. In a medium bowl, whisk together eggs, basil, thyme, salt, and pepper. 4. Pour egg mixture into skillet with vegetables. Don’t stir but instead use a spatula to lift the edges of the egg mixture until it is evenly distributed. 5. Transfer mixture to oven. Bake for 5 minutes or until the dish sets. 6. Top with avocado and tomatoes. Drizzle Sriracha on top (if desired).

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INSIDETHIS ISSUE

ADVICE FOR GRADS PAGE 1

DUI COMPENSATORY AND PUNITIVE DAMAGES

STRENGTHEN YOUR ENTIRE BODY! PAGE 2

UBER’S ROLE IN PREVENTING DUI ACCIDENTS

MOTHER’S DAY BRUNCH RAINBOW FRITTATA PAGE 3

HOW PIANISTS BROUGHT SILENT MOVIES TO LIFE PAGE 4

WHEN THEATERS PROVIDED THEIR OWN MOVIE SOUNDTRACKS

THANKS TO THE PIANISTS

Early feature films were in black and white, only available in theaters, and perhaps most significantly, silent. But movie theaters still needed sound to keep the audiences engaged. So, they enlisted piano players to accompany the films, conveying excitement, fear, sorrow, joy, tension, and danger through their music. It seems like a job any musician can do, but in truth, it was much more complicated than it sounds. Silent films usually didn’t arrive in theaters with sheet music attached, so theaters were on their own when it came to setting the mood. Since watching a movie in a hushed theater — or worse, one filled with chatter — wasn’t very enticing, they had to find their own ways of creating an immersive experience for patrons. As a result, your movie-viewing experience could vary greatly depending on which theater you visited. Pianists used different methods for creating their film scores, depending on their skill, time, and access to the films in advance. In small towns, only the church organist might be available — and they might choose to play assorted hymns over the entire movie, making for a less than enjoyable experience.

More accomplished pianists worked differently. Since they would often not have the opportunity to view an advanced screening, they would improvise, trying to predict where the film’s action was headed and adjusting their playing accordingly. When a film was popular, most players eventually developed a standard score. Eventually, some production companies shipped “mood cues” with their movies, which provided a breakdown of when to play melodies better suited to romance, action, or comedy. Believe it or not, the tradition still continues to this day. Some theaters show the occasional silent movie, and they turn to one of the 50 or fewer silent film accompanists still working in the U.S. for help. Since the films are often rare and otherwise unavailable, the pianist does not always have the time or opportunity to plan their music. So, like their predecessors, they play it by ear, using knowledge of specific actors, directors, and film conventions to guide them. Screenings are not particularly common, but if you ever have the opportunity to watch a silent film with live accompaniment, you’re in for a real treat. No matter how entertaining the movie is, watching the pianist may be half the show.

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