Law Office of Mark Rosenfeld - September/October 2019



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S ummer is always a great time. Even though summer is mostly behind us now, I wanted to reflect on the season. There is always something going on. While I spend a lot of the summer working for my clients, I do take some time here and there to spend with family and friends. Given the opportunity, I enjoy a getaway out to Big Bear. I like getting up there with the family for an extended weekend or just a few days when we’re all available. It’s mostly known as a winter retreat, but I really love everything they have going on for summer. They figured out how to stay busy year-round. “I’m no whiz on the barbecue, but turn up the heat and I grill a mean burger.” There’s a bowling alley that’s always a good time, along with various shops that are always fun to peruse. But one of my favorite destinations is the fudge shop: North Pole Fudge and Ice Cream. You can’t go wrong topping off a summer weekend with some good fudge and ice cream. We’ve made a lot of good memories up in Big Bear. Last year, we went kayaking and flew down the alpine slide (a concrete luge

track) in a toboggan cart. It was a fun way to spend an afternoon.

I also have some friends who mountain bike. It’s not something I’ve been into in the past, but I think it would be a lot of fun

to partake in — just rent a bike and trek through the mountainside, feeling the rocks beneath your wheels and the wind in your face.

It’s also great to take the kids up to Big Bear.

They’re still pretty young at 7 and 9, so they don’t do anything particularly intense (no mountain biking yet), but they love to do everything from swimming to playing miniature golf. Back at home, we have the occasional backyard barbecue. We’ll grill up hot dogs and hamburgers — your summertime classics. I’m no whiz on the barbecue, but turn up the heat and I grill a mean burger. During the summer, with all the “grilling” holidays like Memorial Day, Independence Day, and Labor Day, a lot more people tend to drink more alcohol. It’s practically customary to have a beer with a burger, but it’s easy to go overboard.

to start drinking earlier in the day. When you’re outside lounging on the patio or by the pool, it’s all too easy to drink more than you intended. A lot of people get into serious trouble because of this. They get behind the wheel of a car or boat when they’re much too intoxicated to drive safely. Regardless of the time of year, if you drink, always be safe. Make arrangements ahead of time, let people know where you’ll be, have Uber or Lyft on standby on your phone, or rely on the age-old solution, the designated driver. Have fun, but be smart about it. That way, you can enjoy many more summer holidays to come.

In some cases, especially during the summer, it’s not uncommon for people

–Mark Rosenfeld, Esq.

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In 2002, the quaint town of Reed Springs, Missouri, declared bankruptcy. The hard decision came after the town was forced to pay $100,000 to Sally Stewart, a woman who sued Reed Springs after she tripped over a pothole during a shopping trip. News of a greedy woman ruining a small village to make a quick buck sparked outrage across the country. But Stewart wasn’t the real villain of this story. A little digging into this case reveals a much deeper conspiracy. Stewart had been visiting Reed Springs in 1998 when she tripped on a pothole hidden beneath some overgrown grass on the sidewalk. But this was no small stumble. Stewart tore two ligaments in her ankle and had to undergo surgery. To help pay for the medical bills, Stewart, who’d never sued anyone before, initially filed a personal injury lawsuit against the owners of the store in front of the pothole. However, the Missouri Court of Appeals determined the city of Reed Springs was liable for Stewart’s injuries. The court ordered Reed Springs to pay Stewart $100,000, over half the city’s annual budget. Despite the high price tag, in normal circumstances, this verdict wouldn’t have forced Reed Springs to declare bankruptcy because the town’s insurance would have covered

the bill. Unfortunately, at the time of Stewart’s accident, the mayor of Reed Springs was a corrupt man named Joe Dan Dwyer.

Dwyer left office while being investigated for insurance fraud, child pornography, statutory rape, witness bribery, and perjury, and he was later sentenced to seven years in federal prison. Among his many indiscretions, Dwyer also let the town’s insurance policy lapse. Reed Springs didn’t have insurance when Sally Stewart got hurt, which is why they had to write a check out of their own budget and ultimately declare bankruptcy. In this case, what started as a simple pothole accident quickly unveiled the lasting damage of an unscrupulous politician. Perhaps this case serves as reminder about why it’s important to vote in local elections.

THE RIGHT TO REFUSE What Happens When You Decline the Sobriety Test

Driving is a privilege, not a right. When you get behind the wheel, you give

these hearings. Nonetheless, fighting a refusal charge is critical in the defense of any DUI refusal case. The state will use your refusal at trial. As a result, it is crucial to review every part of the refusal and investigate the circumstances.

implied consent to submit to a chemical test if you are lawfully arrested for driving under the influence. However, you can choose NOT to do field sobriety tests.

Confusion Doctrine

In short, these rights state you have the right to remain silent, what you say can be used against you, and you have the right to speak to an attorney and have an attorney present. If the police fail to read the Miranda rights, what you say can’t be used against you, but your case won’t be dismissed. When Miranda rights are read and when the refusal advisement is given can create confusion as well as a possible defense to a refusal allegation. In a DUI context, since driving is not a right and you have already given implied consent, you do not have the right to an attorney until after an officer gets a sample of your breath or blood. There are instances when the officer actually read the Miranda rights before reading the implied consent law. You can imagine the confusion this can cause in the mind of an accused driver, and they will think they are within their right to refuse. This officer-created confusion can help us win a refusal case. To keep it simple, if someone is stopped for an alleged DUI they should be nice, choose not to do any field testing, and agree to a blood test.

Implied Consent Warnings

Field tests and pre-arrest breath tests are not required by law, but make no mistake, if you refuse a post-arrest breath or blood tests, expect consequences. If the police think you are refusing to take a chemical test, they are required to advise you to California’s implied consent laws, along with potential penalties. As amazing as it may seem, you are not entitled to an attorney at this point. You will have to make the decision on your own, and you should choose a blood test. If you refuse a chemical test, your license will be suspended for one year or more. We do have a right to challenge the refusal allegation, but the DMV is very tough on


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Don’t Let Your Teen Become a Statistic

Keeping Youth Safe Behind the Wheel

Car accidents are the leading cause of death among teens in the U.S. In fact, about 35% of all teen deaths can be attributed to motor vehicle crashes. In 2013, for example, 2,163 teens ages 16–19 died as a result of car wrecks. During that same time period, 243,243 teens were admitted to emergency rooms due to injuries sustained in these wrecks. The Centers for Disease Control and Prevention (CDC) reports that teens are the most at-risk group for motor vehicle crashes. Drivers ages 16–19 are about three times more likely to be involved in a fatal accident than those over 20. A lot of risk stems from inexperience behind the wheel and on the road. Teens are still learning how to handle unpredictability and interpret potentially dangerous situations. This can take the form of heavy traffic, navigating busy or confusing streets, or dealing with poor road conditions.

Here are some of the most at-risk groups among teens.

Newly Licensed Teens The likelihood a teen will be involved in a crash is notably higher during the first few months after they get their license. Young people at this stage typically have less parental supervision and are still very inexperienced on the road. Teens Driving With Peers Just having other teen passengers in the car significantly increases the risk of an accident and death. Fellow young people can be distracting to the teen driver, which can cause a break in concentration leading to a crash. Teen Males The CDC reports that male drivers and passengers are twice as likely to die in a car wreck over females of the same age group.

So, how can we make roads safer for teens? The best drivers have a lot of experience under their belts. Teens shouldn’t be discouraged from driving, but they should be aware of the risks that come with getting behind the wheel or into a car with friends. Here are a few ways to make driving safer. • Drivers and passengers should always wear seatbelts. • Distractions should be eliminated when possible, including the radio, food, and phones. • No one should ever drive after consuming alcohol. • Parents should actively supervise their teen, even after the teen is licensed to drive, and instill good driving habits.


Andrea’s Kitchen

Italian for “cheese and pepper,” cacio e pepe is like a refined version of mac and cheese. It’s crowd-pleasing enough to satisfy the pickiest eaters and refined enough to sate the foodies. Cacio e Pepe • 6 oz pasta, ideally spaghetti or bucatini • 3 tbsp unsalted butter, cubed and divided • 1 tsp freshly ground black pepper Ingredients

Inspired by Bon Appetit magazine

• 3/4 cup finely grated

Parmesan cheese, ideally Parmigiano-Reggiano

• 1/3 cup finely grated pecorino • Kosher salt, for pasta water and to taste

Autumn Apple

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September LaborDay

1. In a large pot, bring 3 quarts of salted water to a boil. Add pasta and cook, stopping 2 minutes short of desired doneness. Drain pasta, reserving 1/2 cup of pasta water. 2. In a large pan over medium heat, melt 2 tablespoons butter. Add pepper and cook until toasted and aromatic, about 1 minute. Add reserved pasta water and bring to a simmer. 3. Transfer pasta and remaining butter to pan and reduce heat to low. Add Parmesan cheese and cook until melted, tossing pasta throughout. Remove pan from heat and add pecorino, continuing to toss until cheese is melted and sauce coats pasta. 4. Transfer to bowls and serve.

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).

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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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Summer Memories

A Surprising Reason for Bankruptcy The Right to Refuse


Road Safety for Teens Cacio e Pepe


An Excursion in the Pennine Alps

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).

For accommodations, opt for charming mountain huts to immerse yourself in the true Alpine experience. You can book them in advance to guarantee your bunk and a dinner of spaetzle or lasagna, depending on which country you’re in that night. Unless you’re traveling with an experienced mountaineer, a guide is recommended for touring Monte Rosa, even if you only plan to traverse a small section of the mountain. Weather can vary greatly and change quickly in this region, so you never know when you’ll encounter ice or snow, which can lower your visibility. Toward the top of the peak, you’ll even have an opportunity to cross a sprawling glacier, and having a guide will ensure you have the necessary equipment for a safe trip. On top of the spectacular views, you can expect a beautiful blend of cultures and an experience unlike any other on your tour of Monte Rosa. Plus, you may even get to see a few Swiss cows or mountain goats along the way! TOUR MONTE ROSA AN ALPINE EXCURSION

Nestled between Italy and Switzerland, Monte Rosa is the second highest peak in the Alps, making it one of the best views in either country and one of the more physically demanding ascents in the mountain range. In the late summer and early fall, tourists and locals alike tour Monte Rosa to pay their respects to the peak and to be challenged by the cross-country trek over the mountain. The full tour of the mountain is a nine-day journey that starts in Switzerland and crosses quickly over into Italy, winding its way through both countries before eventually returning trekkers to their starting point. The out-and-back path is the most popular route, though there are other ways to approach it. However you go, you’ll encounter massive glaciers, rigorous 1,000-meter ascents and descents, and breathtaking views that are sure to make this journey memorable.


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