Law Office of Elliott Kanter, APC Jan. 2018

January 2018


2017 was a great year for our law office. When you’ve got your nose to the grindstone working various cases, you can sometimes lose the forest for the trees. This New Year’s, I took a step back and looked at the big picture, reflecting on some of the cases we’ve closed and the people we’ve helped. One through line became apparent to me — the value of perseverance and hard work. WHILE THE ODDS SEEMED STACKED AGAINST US, WE BROUGHT 35 YEARS OF EXPERIENCE TO THE COURTROOM, ALONG WITH A LITTLE CREATIVITY AND MUCH PERSEVERANCE. These values are important in any field, but in law, your work ethic directly affects the lives of other people. I believe in going the extra mile, bringing cases to court that other firms may have settled on. That willingness to fight for our clients in the courtroom is part of the reason I started this law office. Whether in criminal or personal injury cases, people deserve legal representation from people who don’t believe in taking shortcuts or taking the first acceptable settlement and walking away.

up this year was a DUI case. Our client had both drugs and alcohol in his bloodstream. To make matters worse, the client had significantly injured another person while operating the vehicle, which made the case a serious felony. Because of his prior criminal history, the offer was a state prison commitment with a strike allegation. While the odds seemed stacked against us, we brought 35 years of experience to the courtroom, along with a little creativity and much perseverance. The facts were indisputable. The client had intoxicating substances in his system. What the prosecution could not prove, however, was whether or not the driver had consumed enough to be considered under the influence as defined by California law. We drove this point home, reducing the case to a first-time misdemeanor. In the end, our client didn’t have to serve a single day in jail. On the personal injury side of our business, we had a client who had been “accidently” pushed down a flight of stairs. His ankle was severely broken, requiring extensive medical treatment. Despite this, the homeowner’s insurance didn’t feel it had to pay. The insurance company learned just how serious we were. After the insurance company withdrew their coverage, we continued to pursue the case. Ultimately, the judge ruled in our favor, requiring the company to pay three times their policy limit. This meant our client was able to cover his medical expenses and move forward with his life.

Another case we closed involved a client accused of trafficking methamphetamine across international borders, a serious felony. He was looking at a 10-year sentence in Federal prison, so our team took the time to conduct a thorough investigation and found holes in the prosecution’s case. Specifically, the government produced the wrong car that they were going to show at trial. By preparing diligently for trial, we managed to reduce our client’s sentence from 10 years in federal prison to straight probation. That’s a decade of our client’s life he can spend with his family and friends. That is worth fighting for. As we head into 2018, I keep cases like these in mind. Without a willingness to go to court or a rigorous attention to detail, things may have gone very differently for our clients. We promise to bring the same dedication to all our cases in the new year. To those we’ve represented over the years, thank you. It’s always been a privilege to represent you.

May you have a prosperous 2018!

The cases we concluded in 2017 speak to the power of this philosophy. One that wrapped

— Elliot Kanter


Law office of Elliott Kanter APC |(619)-231-1883

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spent reading, offer them a prize. You can even create a big end goal to really cement those reading habits. Better yet, set a combined goal that the entire family can work toward. Don’t be afraid to pull out all the stops. If your kids know that reading one book per week through June means an extra-special summer vacation, their enthusiasm won’t wane come spring. Use Reading Apps Goodreads is a social network for bibliophiles. You can find recommendations, share ratings, and create lists of both completed and to-be-read books. Users also create reading lists based on topic, genre, decade, and more. With over 2 billion books added, you’ll never run out of inspiration. Biblionasium offers the same services, but it’s designed specifically for children. Talk to other parents and create a network of friends and classmates. After all, nothing is cooler to a kid than what their friends are doing. Avid readers tend to do better academically from kindergarten through college. In fact, a study from the Journal of Education and Practice found that reading comprehension predicted success in other subjects more than any other factor. If you want to see improved report cards, make a reading resolution for your entire household.

MAKE READING A FAMILY RESOLUTION Every parent wants to see their child do well in school, and there’s one fun activity that benefits students of all ages: reading. In a world with so much stimulation, however, it can be difficult to motivate kids to put down a screen and pick up a book. New Year’s resolutions are the perfect opportunity to make reading a priority. Here are a few tips to make 2018 the year your kids become bookworms. Make It a Family Resolution There’s no better motivator than solidarity! Plus, we’re guessing everyone in your household could stand to read a little more. You don’t have to read the same books or set identical goals, but it’s a lot more fun when everyone participates. Schedule weekly reading discussions so everyone can share the cool stories they’ve read. Stack your completed books in your house somewhere as a monument to all the knowledge your family has gained. Set Reward Milestones Positive reinforcement will propel your kids to keep reading long after the calendars have turned. For a certain number of books completed or hours WANT TO SEE BETTER REPORT CARDS IN 2018?


The criminal justice system can be confusing and intimidating to anyone charged with a crime, especially folks facing their first arrest. The process is not as flashy or fast-paced as you see on TV. Often, you’ll be faced with multiple court dates, fines, and plea deals. Many people don’t understand what their options are. Not knowing the avenues available can leave you feeling helpless, and it adds stress to an already stressful situation. But it doesn’t have to be this way. At our law office, we firmly believe in educating our clients. We know that part of helping you is teaching you how to help yourself. Our team will work with you every step of the way, taking the time to explain the legal process in simple terms. We want you to understand what is going to happen and when, because this empowers you to play an active role in defending your rights.

With over 30 years of experience in criminal defense law, Elliot Kanter knows the intricacies of the system. Because he’s defended many first-time offenders, he’s become an in-depth and patient teacher for clients with questions about the process. He will help you understand the nuances of your specific case and will do what he can to put your mind at ease. We want you to leave your consultation feeling confident about your future. The most rewarding aspect of being a criminal defense attorney is helping clients learn from their experiences and get their lives back on track. We want you to get the best trial or deal you can get, so your life can get back to normal. The first step in that process is empowering you to feel in control of your life again.

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HIT BY AN UBER: Who’s Responsible?


It’s amazing how quickly ride-sharing has become a normal part of life in the United States. When Uber was launched eight years ago, the idea of getting a ride from a perfect stranger in their personal car seemed strange, if not dangerous. Today, millions of Americans use ride-share apps as a convenient means of transportation, whether they’re in need of a ride to the airport or safe passage home from the bar. Lawmakers and courts have been slower to adapt. Ride-sharing presents difficult legal questions, especially surrounding accident claims. Because ride-share drivers use their private vehicles, how can you determine whether or not the vehicle was in-service at the time of the crash? Which insurance covers the accident — the ride-share company’s insurance or the driver’s personal policy? Currently, auto accident law surrounding ride- sharing is like the Wild West. Every case is different, and the laws governing the ride-share industry are still evolving, state by state. For instance, here in California, a judge ruled that a San Francisco-based Uber driver was an employee of the ride-share company, despite other states upholding Uber’s claim that drivers are private contractors. Uber has filed to appeal the San Francisco ruling. If you’re injured by a ride-share driver, what do you need to know? As with all car accidents, evidence is imperative. Take plenty of pictures of the crash site, call the police, and attain multiple copies of the accident report. Be sure to document all medical treatment, therapy, and medication you receive as part of your recovery. Before contacting the ride-share driver’s insurance company, consult a San Diego personal injury attorney. They will be up-to-date on the shifting landscape of ride-share liability laws and will help you determine whether a claim should be submitted to the driver’s insurance or the insurance of the ride-share company. Having this kind of industry professional in your corner will help ensure the right party is held accountable and you receive the compensation you deserve.



• • • •

1 cup white chocolate chips

• • •

2 tablespoons powdered sugar

14 ounces sweetened condensed milk

1 teaspoon vanilla

2 cups heavy cream, divided

4 tablespoons raspberry liqueur or syrup

3 cups milk (any variety will do)


1. In a slow cooker, combine white

3. Using a hand or stand mixer, whip until stiff peaks form. 4. Serve mugs of hot chocolate with about 1 tablespoon of raspberry liqueur or syrup to taste and a dollop of whipped cream.

chocolate chips, condensed milk, 1 cup cream, and milk. Cover and heat on low about 2 hours. 2. In a large bowl, mix remaining 1 cup cream, powdered sugar, and vanilla.

(Recipe inspired by


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Law Office of Elliot Kanter APC 2445 Fifth Ave #350, San Diego, CA 92101 (619) 213-1883


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A ‘HYBRID REALITY ENVIRONMENT’ FROM SCIENCE FICTION Composed of 72 LCD panels, a 20-speaker immersive surround sound system, and an optical motion tracking system powered by 10 separate cameras, Cave2 is half virtual reality, half insanely futuristic whiteboard. After donning a pair of 3-D glasses, users, namely scientists and engineers, can fully immerse themselves in whatever they want, whether it’s a visualization of data that describes our solar system or, as exhibited in a recent demonstration, a model of Chicago, complete with real-time crime data. sitting an ordinary vertical television stand, the new Bravia TV comes equipped with a stand that leans directly on the floor. There’s no visible stand or border. The processor and other essential components are all housed in its back unit. But what’s really interesting about this TV is the way it generates sound. Examining the unit, you’ll discover there’s not A TV THAT GENERATES SOUND WITH ITS SCREEN Instead of mounting on the wall or

a single speaker to be found. Instead, Sony’s equipped the screen itself with four actuators that turn the entire screen into a sound-emitting device — a new technology called “Acoustic Surface.”


Along with a collection of short-lived resolutions, each new year brings a 3 OF 2018’S MOST


staggering array of wild technology. Here are a few of the coolest new gadgets predicted to hit the scene in 2018.


For a couple of years now, the Spanish- Korean company Frigondas has been developing a microwave that, in addition to perfectly warming up your leftovers, comes equipped with the ability to rapidly cool down foods. Not only can you use it to freeze fresh foods for later use, but you can toss a beer inside and let it chill in just a couple of minutes.

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