Silva & Silva's online newsletter for September 2018
SILVA & SILVA ATTORNEYS AT LAW
PATRICK SILVA DUIs
MEAGAN SILVA Living Trusts and Injury Cases www.willsandtrustlawyers.com
909-798-1500
www.beatmydui.com
SEPTEMBER 2018
CRAFTS N CRANKS
O N E O F T H E M O S T F U N B I K E R A C E S E V E R
O n July 28, I got the opportunity to participate in one of the most fun mountain biking events I’ve been a part of in a long time: the Crafts N Cranks annual Bike & Brew fest in Big Bear, California. It’s a three-day festival celebrating the incredible mountain biking community, with endurance races, three different levels of cross-country races, and a huge downhill race in which professional downhillers scream down the course as fast as gravity will let them. Each discipline requires a different bike, a different build, and a different temperament. And of course, glutton for punishment that I’ve become over the past few years, I was there for the 45-mile endurance course. I took a young local friend of mine who wanted to try racing for the first time. The entire trip, we were talking smack to each other, placing toothless bets on whether the young buck or old dog would end up winning. He told me that, after he finished the race, he’d wait for me by the car while I finished. Well, he was halfway right. When I completed the race, there he was hanging out by the car, but it wasn’t because he had finished before me — it was because his newbie body had given out about three-quarters of the way through. Hey, it happens to the best of us, and especially when you’re a rookie. But of course, once we figured out he was okay, I resumed the trash talk immediately. I’ll admit it was a tough race, though. At an elevation of around 8,810 feet, you could practically feel the lactic acid as it built up in your muscles, your body too sluggish to get the oxygen in fast enough. On top of that, there were a ton of technical sections throughout the course, pushing my skills to the limit. Luckily, in the lead-up to the race, I’d been working a lot on my core strength, doing planks, butterfly kicks,
bridges — anything to work on my lower back and my stomach. I’m confident it helped me keep up and not shut down like my buddy did. I finished in fifth place out of nine, but I hit a personal best, finally beating out another friend who’s
been kicking my butt since 2013.
Fresh off the race, I had a big ear-to-ear grin on my face. I looked to my left and noticed the guy next to me in his car was
sporting the same goofy smile. “Have you noticed,” he asked me, “there isn’t one person who isn’t smiling at this event?” I looked around, thought about it a little, and realized he was right. Whether they were competitors finishing up another brutal race or people just hanging around sipping beer, everyone was in a chipper mood. It may be hard to imagine that a festival celebrating the limits of human endurance would bring more smiles than you’d see at Disneyland, but that’s what I saw that day. Call us mountain bikers crazy, but we know how to have a good time.
–Patrick Silva
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Summoned to Court JURY DUTY MYTHS
There are so many rumors about jury duty that it can be difficult to know which ones are true. Here are three of the most popular speculations, debunked.
are other means by which citizens are chosen. Other ways you’re entered into the pool include buying a home, paying taxes, and getting a driver’s license. Even if you aren’t registered to vote, you’re still liable to be summoned.
ADMITTING BIAS WILL ENSURE YOUR DISMISSAL
SERVING JURY DUTY WILL GET YOU FIRED
If you admit that you are biased when you serve jury duty, it does not guarantee your dismissal. In fact, a judge cannot dismiss you for being biased — but an attorney can. In addition, attempting to portray yourself as a biased person can put you in a troubling situation. Attorneys and judges have been selecting jurors for a long time and know when someone is lying to them. Your best bet will be to give honest answers to the questions they ask.
If you’re worried about getting fired for serving jury duty, you can breathe easy. Your employer cannot fire you once you’ve been selected for jury service. In fact, if your boss threatens to fire you for it, they will face the penalties, which include fines and even jail time. Many employers know and understand this, but if yours doesn’t, you can submit a file of complaint to the trial court administrator, and they will take care of the rest for you. The system to select jurors has been around for a while, and those involved know what they’re doing. It's best to go in with an open mind and be completely honest. After all, it is your civic duty to do so.
NO VOTING, NO JURY DUTY
According to another circulating myth, if you aren’t registered to vote, you don’t have to serve jury duty. Many people believe this myth because voting enters you into the jury duty pool, but there
Everything You Need to Know About First-Time DUI Penalties
WHAT WILL HAPPEN IF YOU’RE CONVICTED?
When a client comes in facing the prospect of their first DUI, there’s one question on their minds: What will the punishment be if the charges stick?
Instead, you’ll likely face the minimum punishment, which includes a $390 fine — plus penalties and assessments, which usually hover around $1,500 — at least 36 months of probation, and likely an outpatient alcohol awareness program. If you don’t want to or can’t pay the almost $1,900 in fees and fines, 200 hours of community service usually suffices. If you’ve been arrested for a DUI, the key is to not panic. Your life isn’t over. You have ample opportunity to bounce back and put this crisis behind you, and in many cases, you may be able to fight the DUI charge and win. But in nearly every case, you will need a lawyer by your side to clarify the process and give you a fighting chance, especially if you’ve been wrongly accused. Call Silva & Silva at 909-798-1500 today, and let us help you get your life back.
Unfortunately, the answer to this question is more complex than most people realize. The penalties for first-time DUIs depend on a couple of factors, including whether or not you had a blood alcohol content (BAC) of 0.20 percent at the time of arrest, whether or not you refused to submit to an alcohol test, and whether you were involved in a collision or injured another person while allegedly inebriated.
2 www.willsandtrustlawyers.com | www.beatmydui.com You’re probably concerned that you may be facing jail time. Technically, the judge can respond to a first- time DUI with anywhere from 48 hours to six months in jail, though in practice (especially in San Bernardino county), this almost never happens.
THE STORY OF THE ONLY LINCOLN MUSEUM WEST OF THE MISSISSIPPI REDLANDS’ LINCOLN MEMORIAL SHRINE
California has no shortage of historical landmarks and tributes to some of the most important people in American history. But did you know that one of the biggest memorials and museums celebrating the life of Abraham Lincoln is right here in Redlands? By all accounts, Lincoln was one of the greatest presidents to ever grace the White House. Growing up in the impoverished western frontier of Kentucky, he rose from humble roots to become one of the most important and pivotal political figures in world history. With the Emancipation Proclamation, he established the eradication of slavery as a primary goal of the Union, forming the foundation for the 13th amendment two years later. And in his Gettysburg Address, he laid out a stirring and powerful encapsulation of American purpose that is still taught in schools today. So, it’s fitting that there are abundant tributes to this fascinating man and his place in history. But you are probably wondering, why is there a memorial way out in Redlands, California? • Need to change your trustees? • Adjust percentages for beneficiaries? • New marriage? Recent divorce? • Have your children turned 18 years old? • Acquired new assets? • Just need a trust review? Give Meagan Silva a call today! Have You Updated Your Trust Recently? It’s all thanks to the efforts of Robert Watchorn, a part-time Redlands resident with an interesting story. Born in Alfreton,
England, he worked in dangerous coal mines from the age of 11. In 1880, he immigrated to America, and while he organized night schools for his fellow miners and worked to bolster the strength of the early labor movement, he became fascinated with Abraham Lincoln’s incredible narrative. As Watchorn himself rose in status, he began to consider Lincoln the epitome of the American Dream. Watchorn's son, Emory Ewart, died at the age of 25 after a heroic career in the Italian Air Force. Seeking a way to memorialize their lost son, Robert and his wife decided to
build the Lincoln Memorial Shrine in Redlands, where they lived during the winter. Today, it’s the only museum west of the Mississippi River dedicated to Abraham Lincoln, an archive full of important documents and vital history. If you have a chance, stop by the place; it’s a worthy tribute to one of the most interesting men to ever live.
Roasted Turmeric Cauliflower
When it comes to eating paleo, side dishes are almost always a bigger challenge than mains. If you’re in need of a flavorful vegetable dish, check out this recipe for spicy, savory cauliflower.
INGREDIENTS
• 1 head cauliflower, cut into florets • 2 tablespoons coconut oil
• 1/2 teaspoon crushed red pepper • 1 clove garlic, minced • 2 tablespoons water • Chopped fresh basil, to garnish
• 1 teaspoon turmeric • 1/2 teaspoon cumin
DIRECTIONS
1. Heat oven to 400 F. 2. In a large mixing bowl, whisk together coconut oil, spices, garlic, and water. 3. Lay cauliflower across a large baking sheet, season
with salt and pepper, and top with mixture.
4. Roast for 30 minutes, garnish with basil, and serve.
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Inspired by PaleoHacks
SILVA & SILVA ATTORNEYS AT LAW
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
205 E. State Street Redlands, CA 92373 Phone: 909-798-1500 www.beatmydui.com Legal Advertisement www.willsandtrustlawyers.com
INSIDE THIS ISSUE
1 2 3
Patrick Silva Bests the Crafts N Cranks Race
Falsities You’ve Been Told About Jury Duty
First-Time DUIs: What Will Happen?
The Story of Redlands’ Lincoln Memorial Shrine
Roasted Turmeric Cauliflower
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Get a Head Start on Next Spring’s Garden
PREPARE YOUR GARDEN
Autumn Steps for a Better Spring Garden
With fall just ahead, it's a good time to think about your spring garden. For a beautiful garden next year, begin preparing this fall. Here are a few ways to get a head start! Planting Bulbs If you want beautiful flowers in April, you should start planting bulbs now. Many flower bulbs need to be in the ground before winter settles in; this helps activate the bulbs’ biochemical process that allows them to bloom. Getting the bulbs into the ground before it freezes allows their roots to grow deep enough to protect them from the biting winter weather. Among the flower bulbs you should plant soon are tulips, daffodils, irises, and hyacinths. ChickenWire After you’ve planted your bulbs, there’s a risk that uninvited guests will dig them up. There are a few ways you can ensure that your bulbs remain undisturbed throughout the fall. One way is to place chicken wire over your bulbs after they’ve been planted. This 4 www.willsandtrustlawyers.com | www.beatmydui.com
keeps rodents from digging them up and allows the plants to grow through the gaps in the wire.
Keep Your Garden Tidy Once you’ve harvested your best fruits and vegetables, go back through and harvest the rest, even if you don’t plan to eat them. Make sure your garden is clear of old vegetables, fallen leaves, and weeds. Leaving decaying plants in or on top of the ground can spread diseases into the soil and attract unwanted pests to your garden. Healthy Soil Pulling up weeds and all of your vegetables can help keep the earth free from rotting plants, but there are other steps you can take to ensure that your soil stays full of nutrients. Pick up a kit
to test the pH levels of your soil. Most gardens thrive in soil with a pH of 6.5. Add compost to your soil supply now to give it time to break down over the winter.
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