Bigger & Harman, APC - October 2021

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

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