Bigger & Harman, APC - June 2018

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BIGGER

DAILY

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

THE

DRIVER Attorneys Defending Your Right to the Road

JUNE 2018

THE ART OF LISTENING What They Don’t Teach You in Law School

As some of you may know, Paul and I serve on the board of our alma mater, Oak Brook College of Law. With the arrival of June, students from our school and around the country are about to get their diplomas and embark on their own carreers in the legal world. To these graduates, we extend our heartfelt congratulations! This approaching milestone has caused Paul and me to ask ourselves what wisdom we can pass along to this new generation of legal representatives? Ultimately, we realized the most important and successful aspects of our legal careers boil down to one thing: listening. Time and time again, listening has improved our ability to represent our clients. Listening to our clients and their needs, listening to feedback from judges, and yes, even listening to and understanding the prosecution. They don’t really teach this skill in law school, in part because humility and empathy can’t be taught. Often, when people first pass the bar, they think of themselves as consummate experts. They bounce around from one field to the next, acting like they know best. These are the lawyers with their faces on billboards, buses, and TV commercials. They spend so much time on messaging and advertising that they forget to listen to their clients’ needs. No amount of advertising in the world can defend you from a bad reputation in court. Law schools frequently place an emphasis on winning cases. Some lawyers get the mentality that whoever has the most wins under their belt is clearly the better lawyer, and they take risks at their clients’ expense. We see this all the time in the legal world, and it’s a real shame.

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The drivers we represent are often faced with the choice of whether to fight a ticket or pay the fine. Fighting means there’s a chance we could get the ticket dismissed entirely, as if it had never been written in the first place.

Some lawyers get the mentality that whoever has the most wins

However, “fighting” doesn’t always mean taking a case to trial. Sometimes, given the evidence, it’s best to try to work out a plea deal to avoid getting DMV points and a moving violation on one’s record, but agreeing to pay a fine. If we were only interested in getting as many “wins” for our firm as possible, we’d urge clients to have us take a case to trial regardless of our chances of getting a dismissal and avoiding the most damaging effects of a ticket — DMV points and a moving violation on your record. We know how much having a moving violation on your record can impact your employment as a commercial driver. To go ahead and risk your future to try and get ourselves another trial win in front of a judge would be egregiously irresponsible. Every case is different, and every driver’s needs are unique. That’s why we don’t go into a consultation with a one-size-fits-all strategy. We are there to listen to you, because then we will know the absolute best way to help. And that’s what being a lawyer is all about, isn’t it? That’s our message to the next generation of lawyers. Listen, treat people right, and you will go far in life. Let’s put an end to the stigma surrounding attorneys by bringing empathy and humility back into the courtroom. under their belt is clearly the better lawyer, and they take risks at their clients’ expense.”

–Mark Bigger

(661) 859-1177 | 1

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Ray and Carol Steiner found Ringo, a red tabby Manx, living in a shed when he was 10 days old. Despite already having three cats, the couple decided to open their hearts to the friendly feline — a decision that would one day save their lives. Ringo the Tabby Saves His Family A NOSE FOR TROUBLE

Years after adopting Ringo, Ray and Carol began to oversleep and experience high blood pressure, dizziness, and headaches. The couple attributed these troubling symptoms to their recent health problems — Ray had just undergone heart surgery, and Carol was recovering from a car accident with her leg in a cast. But Ringo realized something was amiss. One blistering day in August, the usually mellow cat caused a ruckus. He meowed loudly and banged his body against the front door. Carol let him dart outside, but the moment she closed the door, Ringo began to aggressively meow again. This

was unusual behavior, and Carol realized Ringo wanted her to follow him. The red tabby brought Carol around to the side of the house, where large bushes hid the air conditioner and gas and water meters. Ringo started to dig in the jagged lava-rock landscaping, cutting his paws on the sharp stones. When Carol leaned over to get a better look, she was nearly overwhelmed by the smell of natural gas. The gas company discovered an old steel coupler had broken open, leaking dangerous levels of gas into the Steiners’ house. A single spark outdoors could have set off an explosion that would have

consumed six other houses, potentially killing 22 people. Ray and Carol’s doctor told them that even if they avoided an explosion, they would have died from methane poisoning if they’d been exposed much longer. The gas meter did not register the leak, but Ringo did. Once they aired out their home, the Steiners’ health improved immensely. Because of his dedication to his family, Ringo became the 11th cat in history to be awarded the American Humane Association’s national William O. Stillman Award for bravery.

THE HISTORY OF JUNETEENTH DAY

When you think of holidays in June, Juneteenth Day probably doesn’t come to mind. Though it originated over 150 years ago, this little-known day of observance is just beginning to gain traction in many U.S. states. In May 2016, Maryland became the 45th state to recognize Juneteenth as a sanctioned celebration — only 10 years after its first legislation was presented. It’s so new that the most recent iPhone update added it this year; just open an iOS calendar and navigate to June 19. So what is this holiday about? The Emancipation Proclamation ordered that all slaves be freed as of Jan. 1, 1863. However, this didn’t apply to slaves everywhere in the U.S. Because Texas was not a battleground of the Civil War, there was not a significant presence of Union troops, so the Emancipation Proclamation was not widely enforced there.

oppression, the federal government finally decided to step in. In June, Union Army General Gordon Granger marched to Texas with 2,000 federal troops and declared, “All slaves are free. This involves an absolute equality of personal rights and rights of property.” Former slaves took to the streets to rejoice, and Juneteenth was born. But what started off as a consistent day of celebration in Texas slowly began to fade into obscurity. From 1890 to 1908, the hope of the day started to die out as Jim Crow laws and other political movements gained traction in Texas legislature. It wasn’t until the civil rights movement of the ‘50s and ‘60s that Juneteenth began to be revitalized. An event during this time known as the “Second Great Migration” caused many African Americans to leave Texas and find new homes all over the country. When they moved, the history of Juneteenth went with them. During the hopeful era of civil rights, many African Americans began to take renewed pride in the freedom Juneteenth represented. And now, with its celebrators in states across the country, Juneteenth has spawned into a national celebration.

Robert E. Lee surrendered on April 9, 1865, but the news did not reach Texas until later the next month. With the slaves of Texas given no choice but to flee to now- free states or continue living under

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WHAT IS A PREPASS VIOLATION? Watch Out for PrePass Stations

HAVE A LAUGH

A PrePass is like an E-ZPass for commercial motor vehicles (CMVs). For some people, it’s set up so that the company or owner-operator is sent the bill rather than paying the toll in cash. A PrePass violation occurs when a commercial vehicle does not stop at a weigh station when required. Ahead of the weigh station, there are two sensors mounted on signs over the road. The first uses automated vehicle identification (AVI) to read the PrePass sticker, or transponder, mounted on your truck’s windshield. Your truck will then be weighed by a scale built into the road by the weigh-in-motion (WIM) system. This allows the PrePass station to know the weight of your truck without requiring you to pull in. As long as your vehicle is under the weight, within size restrictions, and meets all safety requirements, drivers can bypass the weigh station. The second sensor sends a signal to the transponder via green and red LED lights and an audible alert to notify the driver whether they need to stop or not. A PrePass violation occurs when a driver doesn’t stop when directed or if there is no signal and the weigh station is open. Pay close attention to the signs around you; if there are many other CMV drivers in the right-hand lane, there is a good chance there’s a weigh station ahead. Bypassing a weigh station without stopping could be a violation of CVC 21400. Frequently, the CHP officer will chase you down and make you return to the weigh station, writing you a ticket or putting you through an inspection afterward. How thorough that check is will usually depend on the driver’s attitude. Many truck drivers hold the PrePass stations in contempt. They feel these stations are demeaning and only serve to keep tabs on the drivers. Bigger & Harman frequently represents truckers and other CDL holders in Kern County traffic courts, including Lamont and Mojave. Call our offices at (661) 349-9755 to get the help you need, or send an email to attorney@biggerharmanlaw.com describing your situation and enclosing a scanned copy of the citation. Let us provide straightforward advice about the different options available to you.

WORD SEARCH

CAMPING FLIPFLOPS HAMBURGER JUNE

LEMONADE PICNIC POOL SMORES

SUNSCREEN SUNSHINE SWIMMING VACATION

(661) 859-1177 | 3

, 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

What They Don’t Teach You in Law School...................................... PAGE 1

Ringo to the Rescue!..................... PAGE 2

Juneteenth: A Holiday With a Rich History........................ PAGE 2

Don’t Pass Up This Required Stop ................................ PAGE 3

What’s All the Fuss About Blue Light?....................................... PAGE 4

THE HAZARDS OF BLUE LIGHT 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! You may have been warned about blue light and its impending threat to your eyes. It comes from your computer screen, your phone, and even from the sun. Why is this form of light harmful, and how can you keep your eyes safe? HOW CAN YOU MINIMIZE EXPOSURE? Many computers and electronic devices have a “night shift” option built into them. Enabling this feature will dim the screen and lower the amount of blue light that your device emits. How to Protect Your Eyes and Minimize Exposure

IS BLUE LIGHT A NEW THING? Blue light occurs in nature and is nothing new. However, because many electronics emit blue light, it’s more of an issue now than it was just 10 years ago. Backlit LED screens emit strong blue light waves, so our use of devices like cellphones, tablets, and flat-screen TVs means we are exposed to more blue light than ever before. WHY ARE EYE DOCTORS WORRIED? Blue light isn’t inherently bad — it’s found in sunlight and lightbulbs — but our increased exposure to it might be. Our eyes are pretty good at blocking UV rays but not so good at blocking blue light. Blue light has a higher energy output than other forms of light, so instead of being filtered by the corneas and lenses, almost all of it reaches the more sensitive retinas. The high energy output of blue light and our eyes’ inability to protect the retinas from it appears to cause damage similar to macular degeneration, an eye disease mostly affecting people over 65 that can lead to blindness. These similarities to macular degeneration have scientists worried that our increased exposure to blue light could lead to more cases of it.

There are also removable filters you can put on your computer screen. Brands like RetinaShield/Tech Armor and Eyesafe are designed to limit the amount of blue light your eyes are exposed to. To avoid eye strain, talk to your eye doctor about blue light glasses. These tinted glasses, which come in prescription and nonprescription versions, reduce the amount of blue light that reaches your eyes. Remember, blue light itself is just a natural form of light and isn’t inherently bad. During the day, it can even be beneficial to get some natural blue light from sunshine — while wearing sunglasses, of course. But it’s also a good idea to take precautions to protect your eyes from artificial blue light, especially if your work environment and hobbies expose you to it frequently.