Bigger & Harman,APC - April 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

APRIL 2018

IRON SHARPENS IRON Our Complementary Strengths

For law partners who have so much in common, we are very different people. We both graduated from the same law school, where we are now both serving as board members. We are both huge sports fans — albeit for different teams. We even worship at the same church! Still, our personalities and styles are night and day. Mark loves negotiation and refuses to back down from judicial rulings that he believes are legally wrong in the courtroom. His relentless debate style and get-things-done attitude make him a force for the prosecution to reckon with. An experienced defense attorney, Mark took up traffic law after defending his own speeding tickets early in his legal career. Paul, meanwhile, has never gotten a single ticket. As a former clerk for a state supreme court, he is nothing if not detail- oriented. Procedure and legal writing are his wheelhouses. Believe it or not, pouring over thousands of pages of legal briefs is Paul’s idea of a good time. No wonder people see us as yin and yang. Our partnership reminds us of the proverb “Iron sharpens iron, and one man sharpens another.” That’s because, together, our differences make us stronger lawyers. By embracing our complementary skill sets, we’re more effective advocates for our clients. Beyond that, we’ve been able to make a lasting impact in California traffic law. Not many traffic attorneys bother to appeal a judge’s ruling. From a financial standpoint, it doesn’t make much sense. It’s often a lot of extra work for no extra pay. But when a

judge has made a mistake, overlooked a statute, or infringed upon the rights of our client, we believe it’s our obligation to hold them accountable. Unlike other areas of the law, in traffic, defendants have the right to what is called a Trial by Written Declaration. This means that your case can be disputed in court without you having to be present. Some judges who aren’t well-versed in traffic law overlook this right and request the defendant be present in the courtroom. A few years ago, this happened in several of our cases at a court, but we were able to use our clients’ rights to get a good result.

Iron sharpens iron, and one man sharpens another.”

Mark was fired up. He knew we were in the right and wanted to jump into the appeal process. Paul was immediately supportive. The appeal meant hours of work with no extra pay, but it was the right thing to do for our clients. Truth be told, Paul relished the opportunity to go through the complex process of appealing the judge’s ruling. He hasn’t gotten to do much of that style of writing since his supreme court days. Not only did a three-judge panel grant our request, but they also ensured the traffic court would respect our clients’ rights moving forward. It was a hard fight, but one that ensured the system stayed fair — not just for our client, but for everyone going through that particular traffic court. We may have different strengths, but our shared commitment to providing zealous representation and fighting for due process drives us to use our complementary gifts to ensure that local courts respect the due process rights of our clients.

–Mark Bigger & Paul Harman

(661) 859-1177 | 1

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VISUAL BRANDING Expanding Beyond Your Logo

When you think of visual brands, an iconic logo might pop into your mind. But logos are only the beginning of visual branding. While a strong logo is a terrific start, there are many other aspects that you should dedicate your time and money to. Here are a couple of tips you can follow to ensure successful visual branding.

visual brands match, it creates a bridge to your company.

CONSISTENCY When your theme is inconsistent, you create mistrust between you and your customers. A changing logo or style will create a sense of uneasiness or suspicion that your company might not be authentic or reputable. Any visual element that you design to represent your company should remain the same. If it’s unavoidable, change it as minimally as possible. Consistency in visual branding builds trust and helps customers recognize you. Incorporating visual branding beyond your logo will bring more positive recognition to your company. Follow these tips to create great visual branding.

THE LOGO Start with your logo. You want your customers to notice you, and one way to do that is with a simple yet eye-catching logo. It’s usually the first interaction someone has with your company, so make it memorable. However, it’s important not to let your logo carry everything else. Saul Bass, logo designer for United Airlines and the Girl Scouts of the USA, states, “Logos are a great extension of the internal realities of a company.” A logo is representative and gives your customers something easy to remember, but it doesn’t encapsulate your whole business.

THEMES When you make promotional materials or certain merchandise, such as business cards or gift cards, the design should relate to your company. This doesn’t mean you should slap the logo on every item. The theme or design that you chose to represent in your logo should be present in your merchandise and promotional media. Keep the same color schemes and style for everything, but vary the imagery and design. This helps associate the product with your company without printing the same thing over and over. When your

3 TIPS FOR DOWNHILL HAULING

California is home to both the highest peak and the lowest valley in the continental United States. Steep gradients are just a fact of life here in the Golden State, so knowing how to control your downhill speed is crucial. This is especially true if you’re pulling a heavy load, like an RV or trailer. Losing control of your speed can get you into trouble with the California Highway Patrol, or worse, into a serious accident. While experienced commercial driver’s license (CDL) holders could write the book on how to avoid speeding downhill, these tips are for just about everyone. Stay Safe and Avoid a Ticket

descent downhill. To you maintain a safe speed, take these facts into consideration.

• Your vehicle’s weight • The weight of the trailer and cargo • The grade and length of the descent • Weather • Road conditions

Keep in mind that driving the speed limit in bad weather can get you a ticket for going at a “speed greater than is reasonable.”

KNOW THE LIMITS Under California law, the maximum speed for anyone pulling a trailer is 55 mph. However, this maximum dips down to 35 mph on many of our mountain passes. Even if you are in complete control of your vehicle, our state’s speeding tickets are some of the highest in the country. KNOW THE CONDITIONS For novice drivers, it’s easy to underestimate just how much difference hauling a trailer makes to your

KNOW WHEN TO STOP Towing a heavy load requires you to be more vigilant than you might be on a Sunday drive in your Prius. The average reaction time is about 3/4 of a second. At 55 mph, you could travel another 61 feet before you even think to step on the brakes. Ideally, you want 300 feet or a football field’s worth of stopping distance. When you receive a ticket for speeding downhill, you may need a traffic attorney. Mark Bigger and Paul Harman are two of the best. We’d be happy to meet and discuss your case.

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WHEN IS IT WORTH FIGHTING A TRAFFIC TICKET?

HAVE A LAUGH

Everyone knows that getting a speeding ticket doesn’t give you the best feeling in the world. Sometimes, people want to contest the violation — often because they feel they’ve been given a ticket unfairly. If you find yourself wanting to fight a ticket but aren’t sure whether it’s the right decision, here are a few reasons why you should . FIGHTING THE FINE Knowing when to fight a traffic ticket depends on more variables than just the fine. If you only consider the money you owe, your thought process may be a bit shortsighted. The fine is the easiest part; you pay it one time, and it’s done. If you are considering attending traffic school, this will add an additional $52–$66 plus tuition on top of an already high fine. TRAFFIC SCHOOL If it’s your first time receiving a ticket, you should at least attend traffic school to keep Negligent Operator Treatment System (NOTS) points from showing up on your motor vehicle driving record (MVR). If you already had a traffic ticket in the past 18 months and you used traffic school to hide that ticket from your insurance company, you won’t be able to use it again for the current ticket. WHAT YOU COULD SAVE The average Californian pays $163.50 per month for auto insurance. But with a $234 speeding ticket, you could pay an additional $125 for the next three years. This happens when your insurance company revokes your “good driver’s discount” and raises your insurance premium due to the increased risk. With those increased insurance premiums in mind, fighting a traffic ticket for speeding 1–15 mph over the limit could save you as much as $1,179 in the long-run. A ticket for driving 16–25 mph over the speed limit has a fine of around $360, meaning you could save approximately $1,485. The fine for 26 mph and above will cost nearly $500 — the same for a running a red light. You could save up to a whopping $1,750 by fighting those tickets. For Class A drivers, there are even more incentives for fighting tickets. Although Bigger & Harman’s main office is in Bakersfield, they are knowledgeable about tickets all over California. Even if we cannot personally handle your ticket, call us for advice or a referral to someone who can defend your ticket. Call (661) 349-9300 for an initial phone consultation or email at attorney@biggerharmanlaw.com.

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, 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

How Mark and Paul Work Together................................ PAGE 1

Your Logo Shouldn’t Run Your Business.......................... PAGE 2

Are You Guilty of Downhill Speeding?....................... PAGE 2

A Ticket Worth Fighting For........ PAGE 3

The Origins of April Fools’ Day............................... 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!

FOOLED AGAIN The History of April Fools’ Day Although April Fools’ Day has been celebrated for centuries by cultures around the world, the holiday’s origin is unclear. Historians point to a variety of possible beginnings, but the only solid conclusion is that the April Fools’ Day we know today is a blend of traditions. THE GREGORIAN CALENDAR In 1582, France switched from the Julian calendar to the Gregorian calendar. Some people were slow to get the news, and others failed to recognize that the start of the year had moved from April 1 to Jan. 1. Those who celebrated during the last week of March became the butt of jokes and hoaxes. People placed paper fish on the backs of March celebrators to symbolize young, easily caught fish and referred to them as “poissons d’avril,” or “April fools.” HILARIA Other historians have linked April Fools’ Day to the ancient Roman festival Hilaria, which was celebrated at the end of March. The festival honored Cybele, a mother of gods, and celebrations included parades, masquerades, and jokes to honor the vernal equinox, the first day of spring in the Northern Hemisphere.

‘CANTERBURY TALES’ Another origin story comes from Geoffrey Chaucer’s 1392 book, “The Canterbury Tales.” There are still questions about whether Chaucer really wrote the stories and whether they have any direct link to April Fools’ Day. In the book, Chaucer describes the date “32 March.” Some believe this was a joke, because March 32 doesn’t exist, but some medievalists insist it was a misprint. April Fools’ Day certainly has murky origins. Whether our traditions come from the Gregorian calendar switch, Hilaria, or even “The Canterbury Tales,” we can all enjoy our chance to let loose and play pranks on our friends and family at least one day each year.

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