Bigger & Harman, APC - August 2021

Take a look at the latest edition of The Daily Driver!

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

THE DAILY DRIVER Attorneys Defending Your Right to the Road

AUGUST 2021

With Aug. 1 being National Mountain Climbing Day, I’ve been thinking about some of the biggest mountains I’ve had to climb — physically and professionally. In 2015, Paul Harman and I had built a reputation in our law firm for consistently getting great deals for clients in courtrooms in Kern County. It was a major part of our value to clients. How Climbing Mountains Has Transformed My Perspective Both Figuratively and Literally!

I’ve had to fight in a similarly difficult way when it comes to hiking, too. Although I love all kinds of outdoor walks and hikes, the Half Dome hike is special. Over 17 miles long with a 4,800-foot elevation gain, it’s hailed as one of the most difficult hikes in Yosemite Park. But more than that, it’s a personal challenge that has a lot of significance to me. I’ve attempted it half a dozen times and failed several times because I’d start throwing up from exertion or altitude. I eventually found out that I have a lung condition where my right diaphragm doesn’t work. In fact, the diaphragm was stuck in an elevated position so my lungs would not fully expand. Thankfully, I was able to get a surgery, and while my right diaphragm still doesn’t work, my lung can now fully open. My first major hike after my recovery was — you guessed it — Half Dome. I could feel the difference that my surgery had made, and eventually, I conquered it once again. Ultimately, we can’t win every challenge that we face in life. But something that Half Dome taught me, even before the “deals crisis,” was that you have to push through and find a way when adversity hits. Whether that means finishing a long, treacherous hike or litigating every traffic ticket case we get, victory is worth fighting for.

Then, right as we were in the midst of expanding the firm, Kern County banned deals.

It forced us to decide, overnight, what our practice was really about. If we couldn’t get deals, that meant we only had one option: to fight each and every single case with every ethical tactic we could come up with. To do that, we needed to fight every case more like it was a serious criminal offense instead of just a traffic ticket. That took a lot more work than deals. It was a very difficult time. We lost the ability to assure clients that we were almost certainly going to get a deal to help their record, and some of them decided not to hire us. It changed our law firm for the better. We came up with new motions and tactics we never had before. Although we eventually got some types of deals back, we established a new reputation among judges; they knew how hard we were willing to fight and were aware of the legal knowledge we brought on behalf of our clients. Oftentimes, it’s easier to convince judges of your argument if there’s an established trust there already.

“Over 17 miles long with a 4,800-foot elevation gain, [Half Dome is] hailed as one of the most difficult hikes in Yosemite Park. But more than that, it’s a personal challenge that has a lot of significance to me.”

–Mark Bigger

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THE ROOKIE

3 OLDEST ROOKIES IN SPORTS HISTORY

Have you ever felt that fate meant for you to take a different path than the one you took? In some fields, making that change is possible, or even common — as any law student can tell you, where the “average” age of students is in their 30s. But other worlds, like the world of professional sports, are less welcoming to those over 25.

ethics of chewing up football players for three years and spitting them out, all in the name of entertainment, consider the case of another similar story that was turned into a movie, that of Vince Papale — played by Mark Wahlberg in “Invincible.” Of course, Papale — whose flag football prowess in his late 20s overrode his lack of college ball experience — signed with the Philadelphia Eagles in the 1970s. Modern football has come a long way, critics will argue. But there’s no denying the old-school toughness and tenacity Papale showed in making it to the NFL. NBA player Pablo Prigioni’s career was twice as long as either Morris’ or Papale’s was, with four years in the big leagues starting in 2012 at age 35. But basketball is arguably less demanding on the body than football and even baseball if we look at the potential damage major league pitchers can do to their throwing arm. Their careers may not have been the stuff of dreams, but these three men showed something we all like to see: tough players hanging on long past their “prime.” And they lived the dream — if only for a while. We all love that!

Which only makes for a better story when it does happen, of course.

That’s what Jim Morris discovered when he signed with a Major League Baseball team in 1999 after his 35th birthday. Morris’ life became the subject of the 2002 Dennis Quaid movie “The Rookie,” filmed just after Morris’ major league career had ended. You might think that two years is a short time in the majors, but hey, you try throwing 98-mph fastballs for hours a week, 104 weeks in a row! Besides, the careers of pro athletes aren’t nearly as long as icons like Tom Brady or Peyton Manning would have you believe. The average MLB career may be a few years longer than Morris stuck it out, but in the NFL? Most players make it less than three years and quit, depending on the position. While you’re meditating on the

Is a Second Opinion From a Traffic Attorney Worth It?

When someone has a medical condition, you often hear, “Did you get a second opinion?” This is also true in the legal industry!

They know the court staff and judges and how they operate. They know many of the law enforcement officers (LEOs) who work in that area.

Should you hire a friend or family relative who is a lawyer? Yes, of course, provided they typically practice in the area of expertise you require. Hiring “Cousin Vinnie” to represent you in traffic court does not make sense if he practices divorce law. Many assume a lawyer is a lawyer. However, that’s as impractical as saying a doctor is a doctor. If you hire a psychiatrist to take out your appendix, things could go terribly wrong. The same is true of hiring a divorce lawyer to handle your speeding ticket; you could wind up paying a significant fine and a higher insurance premium, even though someone else initiated a road rage incident and you were merely trying to get away from them. Although Cousin Vinnie might be an excellent divorce lawyer, he might not do so well raising “reasonable doubt” about your reckless driving.

Therefore, if the LEO who arrested you doesn’t appear in court, they know to ask for a dismissal because you are entitled to confront your accuser. Likewise, a good traffic ticket attorney knows what to ask in regard to the circumstances surrounding your ticket, how much they charge (a flat fee or per hour), and to ask if you are willing to accept a reduced charge. Often, a reduced charge could cost you the full amount of the traffic ticket, but if there are no points, then you could save hundreds if your insurance premium does not go up. At Bigger & Harman, we are industry experts at traffic tickets in California. Don’t hesitate to give us a call for the second opinion you need!

Their time spent in traffic court benefits you and the traffic attorney because they hear thousands of cases similar to yours.

2 | www.bakersfieldtraffictickets.com

As you’re backing out of the truck plaza parking lot, you don’t see a car that parked there when you were in getting some more provisions for the road. You quickly take a look, don’t see any damage, and go on your way. But evidently, there was a small dent or paint transfer that you didn’t notice and someone calls it in. YES — HERE’S WHY Can a Minor Hit- and-Run Become a Criminal Offense?

INTERNATIONAL JUSTICE MISSION Thanks to your referrals, we were able to give $960 to fight human trafficking. To learn more about International Justice Mission, please go to IJM.org. MISSION: To protect the poor from violence by rescuing victims, bringing the criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts. Our long-term vision is to rescue millions, protect half a billion, and make justice for the poor unstoppable.

Regardless of how minor the damage is, leaving without notifying the owner or the police is a crime. It’s not a crime until you don’t report it.

California Vehicle Code (CVC) Section 20002, Accidents and Accident Reports explains that, “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.”

This California code gives the driver several options to notify the owner or authorities, such as:

• The driver is charged to locate and notify the owner of the damaged property. If the owner cannot be found, leave a note with the “… name and address of the driver and owner …”

But those who hope in the Lord will renew their strength. They will soar on wings like eagles; they will run and not grow weary, they will walk and not be faint. ISAIAH 40:31

• Notify the local police department or the CHP without delay.

• The same is true of a driver who parks a car that becomes a runaway and damages property.

If the driver does not comply with these directives, they could be guilty of a misdemeanor hit-and-run, which carries a penalty of a fine of not more than $1,000, county jail time up to six months, or both. Likewise, CVC 20001, also titled Accidents and Accident Reports, deals with hit-and-runs with bodily injury or death “other than himself or herself,” regardless of how significant the injury was. A hit-and-run with injuries or death is a felony violation of California traffic law. If convicted, the driver could face a fine between $1,000 and $10,000, up to one year imprisonment, or both. When the accident “results in death or permanent, serious injury,” the driver could face “state prison for two, three, or four years” or both fine and imprisonment. When charged in Kern County with a hit-and-run offense, it is a criminal offense, and you have all the constitutionally guaranteed rights, such as the “right to remain silent” and “to have an attorney present during questioning.” Exercise those rights and call our expert legal team at (661) 349-9300!

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, APC HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS BIGGER

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

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1701 Westwind Drive Suite 203 Bakersfield, CA 93301

INSIDE THIS ISSUE

Climbing Mountains Transformed My Perspective.................................................. PAGE 1

The Rookie: 3 Oldest Rookies in Sports History................................................... PAGE 2

Get a Second Opinion From a Traffic Attorney — Here’s Why................................... PAGE 2

Why an Unreported Minor Hit-and-Run Is a Serious Crime. ........................................... PAGE 3

Going Back to School Later in Life.............. 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!

BY GOING BACK TO SCHOOL STAY SHARP AS YOU AGE

While you may be happy for the years of wisdom you’ve gained since being in your 20s and 30s, you might be missing the mental sharpness you once had. Why not have the best of both worlds? Scientists have found that the human brain changes with age — neurons fire more slowly, for example, and short-term memory recall can be more challenging — but that we often underestimate our capacity to continue learning as we grow older. Negative stereotypes about aging can reinforce these beliefs. However, new research is showing that older adults who’ve committed to immersive study of a new subject show brain function akin to someone 30 years younger. This goes beyond the tired advice to do a crossword puzzle or work a sudoku puzzle

every day. The participants in this research study were learning entirely new-to-them subjects, like how to speak a foreign language, use a new piece of technology, or make art. Convinced of the benefits but not sure where to turn to learn? Try these two sources. Most colleges are designed with the traditional, 20-something college student in mind, which may not appeal or be a great fit for adults in their 50s, 60s, and beyond. But many universities are starting to cater to an older crowd with lifelong learning programs. One example is the Osher Lifelong Learning Institute at the University of Washington (UW). UW’s program offers a full course schedule on subjects in the arts, sciences, and current events taught by qualified

faculty and provided at an affordable rate. There are over 100 such programs at universities across the U.S.

Have a longtime dream to write children’s books? UC San Diego Extension has a certificate program for that! If you’re looking to dive into a single subject or perhaps you’d like to continue working in retirement or shift gears later in your career, certificate programs are a great option. No previous education is required. Most certificate programs are open to all, typically run for less than a year, and easily accommodate part-time learners. Celebrate your years of hard-earned wisdom but commit to keeping your brain young by going back to school this fall.