Take a look at our October newsletter!
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
OCTOBER 2021
Attorneys get all the credit for a case victory because we’re the ones in court fighting for your case in person. However, it’s a team effort, and in our office, it always has been! Without our case management specialists, we couldn’t be nearly as successful as a firm as we are today in fighting for our drivers. A Thank-You to Our Case Management Specialists doesn’t. After that, she doesn’t really need me at all. She’s arranging signatures, working on case dismissal motions, setting court dates based on my availability, and making important calls all within a short period of time. She’s finding new details or developments and dealing with most of them without bringing me into it, so that I can be at my best to defend you in court and pay attention to the details that really need my full attention. THE UNSUNG HEROES OF YOUR CASE
With National Paralegal Day on Oct. 23, I couldn’t miss a chance to spotlight our case management specialists — because paralegal work puts us in the best position to win your case.
That’s a huge relief as an attorney who’s stuck in courtrooms for most of the day. I need to be focused on creating the best strategy for each case and then taking care of it in court. Haily and Caleb have an extremely detail-oriented job — and they do it exceedingly well. We’ve never had an “emergency fire” situation they weren’t able to handle, and this is also in large part because of their amazing attitudes. The quality of their work is always consistent, and so is their team-oriented spirit. Even when they’re not supposed to be the first person answering the phone, they’ll do it to help the team whenever needed, without batting an eye. Before vacations, they always make sure their work is covered and everything will continue to flow smoothly. These little actions never fail to remind us how lucky we are to have them as part of the team!
“Truthfully, Haily and Caleb make a difficult job look very easy. Less organized case management specialists would find it impossible to keep up with the number of details and tasks they handle on a daily basis.”
Thank you so much, Haily and Caleb, for everything you do. It seriously means the world to our firm and our clients, and Paul and I cannot thank you enough!
What do case management specialists do? The short answer is they ensure our clients have the best chance for a good result on their case. The long answer is they prepare much of the paperwork and perform the follow-up phone calls for courts, witnesses, and anyone else we need to get in touch with, including you. As an attorney, I design a strategy for the case, and they implement the strategy to ensure we have everything we need to be successful in court. Haily and Caleb make a difficult job look very easy. Less organized case management specialists would find it impossible to keep up with the number of details and tasks they handle on a daily basis. Let me give you an idea. Every time I walk in the office, Haily gives me a stack of papers and tells me what needs my signature or feedback and what
–Mark Bigger
(661) 859-1177 | 1
Published by Newsletter Pro • www.NewsletterPro.com
3 Haunted Spots Every Ghost Believer Will Love GHOSTS ACROSS AMERICA
While our attorneys Mark and Paul don’t believe in the supernatural, ghost stories can be a lot of fun! October is one of the best months for travel in the U.S. With mild temperatures and gorgeous, colorful leaves everywhere, there’s no better time for a cross-country road trip. Add some Halloween flair to your October vacation with these three ghostly attractions. VISIT THE MOST HAUNTED TOWN IN THE U.S. — WAYNESVILLE, OHIO. Sure, New Orleans may have a spooky past, but it doesn’t compare to Waynesville. Many residents and visitors think this Ohio town is rife with ghosts. You may hear cries to “hurry up” at The Hammel House Inn, where many tunnels for the underground railroad came through, or you could see the apparition of a businessman from the 1800s
who “never checked out.” Other sources report hauntings at the town’s historical society, Museum at the Friends Home, including a little girl who moves toys and sits on the porch. The society leans into the local fascination and hosts regular walking ghost tours and ghost hunting classes. STAY A WHILE AT HOTEL MONTE VISTA IN FLAGSTAFF, ARIZONA. Guests at Hotel Monte Vista have often enjoyed long stays at the downtown Flagstaff, Arizona, hotel, but not everyone leaves. Constructed in 1927, the hotel is host to a number of reported ghosts. The most well-known is an elderly woman who would spend hours rocking in the chair in her room. Today, her chair can be found moving on its own. Another popular visitor is the ghost of a bellboy who knocks
on doors and announces that room service has arrived — only, no one’s there.
IS THERE A MONSTER IN PINE BARRENS, NEW JERSEY? This one’s for those who love mysterious creatures. Pine Barrens is a mass of forested land that spreads across seven counties in New Jersey — and its most famous resident isn’t human. The Jersey Devil has a long, storied history and is said to be a combination of many animals: Its body is shaped like a kangaroo with wings. It has the head of a dog but the face of a horse. The creature is believed to have had a sickly start to life in 1735 and has stayed to haunt the forest’s inhabitants and even those who visit the area today.
IS TAILGATING A TRAFFIC VIOLATION? Yes — And It’s a Serious Offense for Truckers
Following too closely is one of the traffic violations for a trucker that the DOT FMCSA considers a “serious offense.” But what is a serious offense? According to Title 49 of the Code of Federal Regulations (CFR), Part §383.51, Sub Part D, Driver Disqualifications and Penalties, Table 2 shows the violations that, if convicted for a second time within three years of the first, will lead to a 60-day driver disqualification. A third will be for 120 days. Because a conviction could lead to dire circumstances for a truck driver’s career, it is prudent for a Commercial Driver License (CDL) holder to hire a traffic attorney for any violation and challenge it in traffic court. Now, even a second cell phone ticket in your non-commercial vehicle could mean a serious offense and a driver disqualification, plus you could have your driving privileges suspended.
having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
Something that jumps right out at a traffic attorney about this section of traffic code is the wording, “… more closely than is reasonable and prudent …” The law enforcement officer who issues you the citation for following too closely or tailgating might have a different viewpoint about what is reasonable and prudent than the traffic court judge. The traffic attorney must merely raise a “reasonable doubt” about the officer’s perspective by asking a few leading questions, such as, “Is it possible the driver wasn’t following too closely but was cut off by a vehicle changing lanes? Is it possible that because of the size of the truck, you could not see the other traffic on the freeway from your point of view?” Regardless of the circumstances, a CDL holder must challenge all traffic tickets with the assistance of a traffic attorney or face an unnecessarily high risk of losing their livelihood. If you need legal help, don’t hesitate to call our office at (661) 349-9300. We’ll be there for you every step of the way. Se habla español (661) 349-9755.
WHAT QUALIFIES AS FOLLOWING TOO CLOSELY, OR ‘TAILGATING’?
CA Vehicle Code CVC Section 21703, Driving, Overtaking, and Passing, states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent,
2 | www.bakersfieldtraffictickets.com
When Is It Worth Fighting a Traffic Ticket?
INTERNATIONAL JUSTICE MISSION Thanks to your referrals, we were able to give $1,040 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.
Many people ask themselves if it is worth fighting a traffic ticket when the fine is around $234 for 1–15 mph over the limit. However, the traffic ticket involves much more than just a fine, and commercial drivers should stick around for a special word at the end of the article. If this was your first ticket, you might want to go to traffic school to keep the Negligent Operator Treatment System (NOTS) points from showing up on your motor vehicle driving record (MVR), which your insurance company can see. The right to go to traffic school will cost you another $60–$70, and then you will have to pay the tuition, which brings your total up over $300. ARE YOU NOT ELIGIBLE FOR TRAFFIC SCHOOL? Now, let’s say you already had a traffic ticket within the last 18 months and you used traffic school to prevent your insurance company from knowing. You will not be able to use it again for this ticket, and your insurance company will first cancel your “good driver’s discount” because you cannot have more than one NOTS point on your MVR and keep your discount.
Once that happens, it is gone for at least three years, and then they will raise your insurance premium due to the increased risk.
Now let’s look at how much that $234 speeding ticket you received on 65, 198, or 99 will cost if you pay just $125 per month for auto insurance. The average Californian pays $163.50 per month; you may pay more or less depending on several risk factors the insurance company uses. Fighting a traffic ticket for speeding 1–15 mph over the limit could save you as much as $1,179. What if you received a ticket for 16–25 mph over the speed limit? You could save approximately $1,485 by fighting that traffic ticket, which carries an estimated $360 fine. The fine for 26 mph and above, up to 100 mph, will cost almost $500 and the same for a red-light ticket. You could save $1,750 by fighting those tickets.
“For we are His workmanship, created in Christ Jesus for good works, which God prepared beforehand, that we should walk in them.” EPHESIANS 2:10
Fighting a traffic ticket for a commercial driver is a no-brainer.
Commercial drivers ticketed in their truck are not eligible for traffic school and face many more career and financial penalties than a regular Class C driver. They should almost always fight their ticket. Commercial drivers can take traffic school under certain circumstances if they are ticketed in their private vehicle. But unlike Class C drivers taking traffic school, their conviction will not be kept confidential from insurance or their employer. Obviously, this can lead to a pretty bad outcome. Commercial drivers ticketed in their private vehicles should always consult with an attorney before taking traffic school on their violation.
(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
Thank You, Case Management Specialists!......................................................... PAGE 1
3 Haunted Destinations to Visit This October...................................................... PAGE 2
Tailgating Is a Serious Traffic Violation. ..... PAGE 2
Is It Worth Fighting a Traffic Ticket?........... PAGE 3
The Unique Benefits of Reading Fiction..... 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!
SELF-HELP BOOKS CAN’T DO IT ALL How Reading Fiction Can Benefit You
LESS STRESS AND BETTER SLEEP When we read fiction specifically, we tend to disengage from the world — and that’s a good thing! Our brains can’t always be functioning at their peak capacity. We need breaks, or else we’ll stress ourselves out and negatively affect other areas of our lives. Stress tends to keep us from sound sleep, but reading fiction before bed engages the imagination, taking us away from the stresses of everyday life before we drift off. MORE COMFORT WITH UNCERTAINTY Even though many stories (particularly those portrayed in popular movies) have nice happy endings, most people would agree that life sometimes leaves things a little more open-ended. While this fact might stress out some people, researchers have discovered that fiction readers don’t need “cognitive closure” as much as nonfiction readers.
Many CEOs and other successful individuals continually espouse the benefits of regular reading. Many times, leaders read self-help books to improve their leadership skills and become more successful. This is all well and good, but even the most successful people in the world could be missing out on the unique benefits that come specifically from reading fiction. But what are those benefits exactly?
GREATER EMPATHY When a psychologist analyzed 86
GREATER HAPPINESS Even if none of the benefits of fiction interest you, everyone wants to find ways to make themselves happy — and for many, that is reading fiction. According to one survey, 76% of participants said that reading makes them feel good and improves their lives. So, what are you waiting for? Dust off that novel you’ve been meaning to read and crack it open!
functioning MRI (fMRI) studies, he found that the same parts of the brain that fire up when reading fictional stories also fire up when we’re seeking to understand the thoughts and feelings of others. That’s because when the characters in the book we’re reading are thinking or feeling a certain way, we tend to think or feel that way with them.
4 | www.bakersfieldtraffictickets.com
Published by Newsletter Pro • www.NewsletterPro.com
Page 1 Page 2 Page 3 Page 4www.bakersfieldtraffictickets.com
Made with FlippingBook - Online Brochure Maker