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JAN/FEB 2020
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WHAT YOU NEED TO KNOW ABOUT SPEAKING WITH LAW ENFORCEMENT SILENCE IS A VIRTUE
Being pulled over or receiving an at-home visit from a law enforcement officer can be very stressful. You may not know why the officer wants to speak with you or have countless questions running through your mind. We’re conditioned to wonder, “What did I do wrong?” There are many things you need to be aware of when you come into contact with law enforcement, even if they contact you through the mail or leave a business card on your front door. You should consider any and all contact with law enforcement to be an official police duty and part of an investigation. Anything you say to a police officer or a law enforcement official is part of the investigation process. What you say can be used against you or anyone else who may be involved, such as a friend or family member. Officials are looking for information, and they’re putting together a story. Chances are they’re looking for what they need to charge someone and potentially put them behind bars. In the best-case scenario, you want to avoid speaking to law enforcement or avoid contact altogether. Though, depending on the situation, avoiding contact may not be an option. However, speaking is always an option. If you’re pulled over, for example, don’t make any unnecessary statements. Even if it’s a simple traffic stop because you were going 10 over the speed limit, be mindful of what you say. If they ask, “Do you know why I pulled you over?” then they’re trying to get you to admit to fault. It’s part of an interrogation. In this type of situation, be polite and keep your answers short and to the point. You can say, “No, I don’t know why you pulled me over” or ask why, and ask if you’re getting a ticket. It’s not about playing dumb or avoiding the question. It’s about being cooperative. You still want to provide the officer with your license, registration, and proof of insurance.
If this type of traffic stop seems like it’s about more than a ticket or it’s taking a long time, you can ask if you’re free to leave. You can politely decline to have a conversation, and you don’t have to consent to a search of your vehicle. But don’t drive away before you get the okay from the officer. Now, if you’re arrested, it becomes a criminal investigation, and you should contact your lawyer. Your lawyer should speak to law enforcement on your behalf. The less you say, the better. An experienced lawyer is well-versed in this type of communication. If you get something like a business card on your front door or car windshield, or you get a letter in the mail from law enforcement, while you are not required to talk to the police, it may be in your best interest to speak to a lawyer and have them look into the matter for you. Then, your lawyer can relay information back to you and you can make an informed decision on what to do next. This is all about protecting yourself and utilizing your rights. You don’t know what law enforcement knows and you should never guess, just as you never know how they will interpret your words. Instead, you can let the legal process work for you.
–Mark Rosenfeld, Esq.
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WHO WEARS THE PANTS? LADY JUSTICE!
HOW ONE JUDGE LOST A FRIVOLOUS LAWSUIT AND HIS DIGNITY
After losing an article of clothing from a dry cleaner, most would say “c’est la vie” and move on. At most, someone might leave a bad review and ask for a few dollars to cover the loss, but for one administrative law judge, that wasn’t enough. He decided instead to launch an all-out legal battle.
trousers untarnished. Even so, Pearson argued that he didn’t need to prove the pants were lost or damaged to satisfy his “satisfaction guaranteed” claim. Unfortunately for the judge, the court found his position to be ridiculous and ordered him to pay the dry cleaner’s attorneys’ fees. In response, Pearson sought that his own attorneys’ fees be covered to oppose this motion. In the end, Pearson did pay the dry cleaner’s legal fees, but the case isn’t the only thing he lost. The verdict also cost the judge his job and any semblance of professional dignity. Ten years after the case closed, the District of Columbia Board on Professional Responsibility sought a 90-day suspension. As the board put it, Pearson “failed to conduct an objective appraisal of the legal merits of his position. He made and continues to make arguments that no reasonable attorney would think had even a faint hope of success on the legal merits.” From a legal standpoint, we’d call this judge’s behavior “dissatisfaction guaranteed.”
Roy Pearson, a Washington, D.C., judge at the time, sought $54 million to cover the loss of his pants after his dry cleaner lost them. He argued that the “same-day service” sign located in the window of the dry cleaners meant that the company had to provide same- day service. However, Pearson never specified a specific time he needed his clothes returned. He also insisted that the “satisfaction guaranteed” sign meant that the cleaners had to satisfy a customer’s wishes without limit. Based on those arguments, he claimed the signs were fraudulent.
After the initial allegations, the dry cleaners scoured their business to find the pants and, to their credit, found the judge’s
BAD DRIVING
One Age Group is Causing the Most Trouble on the Road
Which age group do you think ranks as the worst drivers in America? According to the
said, “Some of the drivers ages 19–24 believe that their dangerous driving behavior is acceptable.”
AAA Foundation for Traffic Safety, the answer is millennials. Motorists between the ages of 19–39 are the worst when it comes to getting out on the open road.
Another troubling statistic that came from the report revealed that “nearly 12% of drivers ages 19–24 reported feeling that it is acceptable to drive 10 mph over the speed limit in a school zone.” But before you think millennials take all the blame, drivers ages 40– 59 are also guilty of speeding, running red lights, and texting while driving. In fact, over 75% of people in this age group have done so in the last month. This group comes in third behind older millennials (ages 25–39), 79% of whom engage in dangerous driving habits. The 2017 Traffic Safety Culture Index, another AAA report, revealed that just over half of all drivers routinely drive 15 mph over the posted speed limit on highways, and 10 over on residential streets. On top of this, about 25% of drivers believe it is okay to drive 15 mph over the limit. The takeaway is that practically all drivers engage in poor driving habits. The best thing any of us can do is drive defensively and keep our eyes on the road and on other drivers.
The AAA Foundation’s report stated, in reference to drivers between the ages of 19–24, “Eighty-eight percent of young millennials engaged in at least one risky behavior behind the wheel in the past 30 days.” Risky behaviors are defined as speeding, running red lights, texting while driving, and driving under the influence. The report also noted that traffic-related deaths increased by 7% in 2015, which marks the largest increase in more than 50 years — a number that has been steadily increasing overall.
The problem, it seems, is rooted in attitude. Dr. David Yang, executive director with the AAA Foundation for Traffic Safety,
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4 Goal-Setting Mistakes
And How to Avoid Them
Most people who set goals at the start of the new year will never reach them. Do you remember the goals you set a year ago? While you may have completed some of your personal or professional goals, chances are that many ended up on the back burner, or you forgot about them completely. You are far from alone. There are four reasons why most goals go unachieved: • The goals were too abstract or weren’t clearly defined. • There was no accountability in achieving the goals. • Progress toward the goal wasn’t tracked. • The goals were simply unrealistic. Setting goals is the easy part. Many people say they want to lose weight, eat a healthier diet, learn a new skill, or try a new hobby. However, they don’t spell out what those goals really mean. For example, “lose weight” can mean many different things. Instead, if your goal is to lose weight, you should give yourself a specific number. On top of that, you should develop a plan to achieve that goal.
out to do — and make sure you have the resources you need to help you progress. For example, if your goal is to learn a new language, download a language-learning app on your phone.
You also need accountability. Look to your family, friends, colleagues, or neighbors. If you don’t want to involve anyone else, you can also keep a journal of your progress and write down daily “goal updates.” By keeping updates, you have a reference point for your progress. Your confidant can ask how things are going or you can reference your journal to see how far you’ve come. Finally, be realistic in your goal-setting. This doesn’t mean you shouldn’t set difficult goals, but make sure they’re also reasonable. If you want to lose weight, 20 pounds by July might be a reasonable goal — while 45 pounds by June might not be (and might be very unhealthy). Of course, if you find a goal is unrealistic or too easy, you can always adjust the goal as you work toward it. Then, as you work toward your goals, take time at the end of every month to review how much progress you’ve made. Celebrate your successes and keep pushing yourself.
The best way to stay on track is to be as specific as possible. Determine what you need to do to accomplish what you set
WORD SEARCH
Andrea’s Kitchen
Who doesn’t love a bowl of tomato soup on a cold winter’s day? This recipe packs a lot more flavor — and a lot fewer additives — than your average store-bought soup without requiring hours of hard labor over the stove. Easy Tomato Soup
Aquarius Champagne January
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Party Snow
Inspired by Nom Nom Paleo
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Ingredients
Capricorn Fireworks Midnight Pig Toast Celebrate New year Resolution Winter
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• 2 tbsp coconut oil • 4 leeks, white parts only, thinly sliced • 6 cloves garlic, minced • 1 28-oz can roasted and diced tomatoes (Muir Glen Organic is a good brand)
F J R O M R N X O K P V R I A K T S C A P R I C O R N K M S Y E B T F W A E Z I S M S F T R V E V T Y L G U E T N C X H S U I R A U Q A N F E H U N D W O N S Z N Z D W E G R X E O N E W Y E A R D S O I J F T T B J I K H P A I R G D F N G M E W V K T J W B C X T V K E R
• 1 cup chicken broth • 8.5 oz coconut milk • Kosher salt • Freshly ground black pepper
Directions
1. In a skillet over medium heat, sauté leeks in coconut oil until softened and translucent, about 7–10 minutes. 2. Add garlic and sauté for another 30 seconds. Remove from heat. 3. Meanwhile, in a blender, purée entire can of tomatoes, including juice, until smooth. 4. Add sautéed leeks and garlic and purée again. 5. Transfer purée to a saucepan and add chicken broth and coconut milk. Bring to a boil, then drop to simmer and cook for 10 minutes. 6. Add salt and pepper to taste. Serve.
AQUARIUS
CAPRICORN FIREWORKS MIDNIGHT
CELEBRATE FREEZING NEW YEAR RESOLUTION
PIG You never have to go it alone. If you’re charged with a crime or facing any other legal issue. If you or a loved one are in trouble with the law, call me right away at 310-424-3145. I’m here to get you the legal help you need (and if your issue is outside of my areas of expertise, I can connect you with other trusted, experienced attorneys). LEGAL ADVERTISEMENT TOAST WINTER
CHAMPAGNE
JANUARY
PARTY SNOW
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Law Office Of Mark Rosenfeld 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 310-424-3145
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INSIDE THIS ISSUE
1 2
The Right Way to Interact With Law Enforcement
The Curious Case of Roy Pearson’s Pants
Who are the Worst Drivers on the Road?
3
Setting Resolutions? Don’t Make These 4 Mistakes
Easy Tomato Soup
4
Did You Think of These Winter Camping Tips?
You never have to go it alone if you’re charged with a crime or facing any other legal issue. If you or a loved one are in trouble with the law, call me right away at 310-424-3145. I’m here to get you the legal help you need (and if your issue is outside of my areas of expertise, I can connect you with other trusted, experienced attorneys).
THAT WILL CHANGE THE GAME 3 TIPS FOR WINTER CAMPING
If you want to try winter camping this year, you can probably guess that staying warm and dry is vital, but that’s obvious if you want to survive. What if you actually want to enjoy the experience
battery anyway. Since you won’t be able to be outside for long periods of time in the evenings, bring a book or some board games to keep you occupied. The winter nights are far longer than the summer ones, so you’ll need something to do in the hours before you fall asleep. Packing a good flashlight is also a great idea! Pack a Tent Heater High-quality cold-weather sleeping bags and pads are essential for winter camping, but a tent heater is a great way to go above and beyond to make sure you’re really comfortable. These portable heating units go the extra mile in keeping you warm and cozy in some of the most frigid conditions. Some heaters run on propane while others are electric, so prices and heat output vary widely, but if you find one that works for your trip and your budget, you won’t regret making that purchase. Whatever draws you out into the wilderness this winter, whether it’s ice fishing, hunting, or just a love of frosty trees and snow-capped mountains, give yourself every opportunity to enjoy that time as comfortably as possible. Who says camping can only be fun during the summer?
of being out in the elements in the dead of winter? It may sound extreme, but many people swear by camping in the cold — it’s an entirely different ball game. Keep these tips in mind for a cozy winter camping experience. Make Cowboy Coffee To make getting out of your sleeping bag in below-freezing temperatures a little easier, brew some cowboy coffee to sip around the fire as the sun rises over the mountains. First, place a pot of water over the fire until it boils. Take it off the heat and dump in 2 tbsp of grounds per 8 oz of water. Stir and let it steep for 4–5 minutes. Periodically tap the side of the pot a few times with a knife to help the grounds settle, or swirl the pot in a windmill motion to achieve the same effect with centrifugal force. Add a small amount of cold water to help the grounds settle to the bottom, then pour and enjoy!
Bring Your Own Entertainment There more than likely won’t be any service where you’re going, and you’ll want to save your phone’s
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