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Toll-Free (661) 859-1177 Se Habla Español www.bakersfieldtraffictickets.com HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS , APC BIGGER
THE DAILY DRIVER Attorneys Defending Your Right to the Road
SEPTEMBER 2024
Fuel forFreedom How the Founding Fathers Secured Essential Liberties
Thomas Jefferson, author of the Declaration of Independence, believed citizens should read and understand the Constitution for themselves, to protect their personal freedoms. I took that advice starting at age 13, and what I have learned from it has shaped my career. The Constitution may seem far removed from our daily lives, but it is actually essential in protecting freedoms professional truck drivers enjoy every day. In recognition of Sept. 17 as Constitution Day, this is a good time to remember how the Constitution protects the livelihood of professional truckers in California. I have been fascinated by the Declaration of Independence and the Constitution since I was about the same age as Johnny Tremain, the title character in a prize-winning historical novel I read as a young teenager. Johnny Tremain was a Boston teenager swept up in pre-Revolutionary politics. I was reading a lot of books about the Revolution, seeking to understand what drove the Founding Fathers to do what they did — to make the huge sacrifices they made to give birth to our nation. I was fascinated by the culture of the American colonies at that time. How did it create men and women of such character? What underlying philosophy led them to those conclusions? I decided to become a lawyer when I was about 14 years old. I memorized the Bill of Rights, even though it wasn’t required for school. I just did it because I wanted to. The Bill of Rights was designed to protect the principles Jefferson expressed in the Declaration of Independence, to safeguard individuals’ right to life, liberty, and the pursuit of happiness. I studied how the Constitution laid out the nuts and bolts we needed to apply those principles in day-to-day life. For professional drivers today, those liberties are more than wispy ideas from the past. They are essential. The Constitution protects the right to travel freely, for one thing — not only for private citizens but for professional drivers.
Also, the Fifth Amendment protects a citizen’s right to a fair trial when charged with a crime. In California, that has special significance for professional drivers. While many other states, including Washington and Oregon, treat traffic violations as civil matters, traffic violations in California are considered criminal cases. Most offenses, such as speeding or running a stop sign, are classified as infractions. Defendants in these minor cases have the right to an attorney but must pay the lawyer themselves. More serious violations, such as repeated DUIs, hit-and-run violations, or crashing into another vehicle or pedestrian while running a stop sign or stoplight, may be classified as misdemeanors or felonies. Citizens in these cases have the same rights in California as any defendant in a criminal case. They are entitled to a trial by judge or jury, and to a court- appointed lawyer if they cannot afford one. Also, the Sixth Amendment protects a citizen’s right to contest criminal charges and to confront witnesses against them. These freedoms have been guaranteed since the Constitution was ratified in 1789, and they continue to protect professional drivers today. Looking back, I was very fortunate as a teenager to have found my path in life — to know where I wanted to go and what I wanted to do. My interest in the Founding Fathers and the Constitution helped me prepare to do the work I do today, defending the rights of our hardworking clients. I like to think that, in my own small way, I am carrying out the Founding Fathers’ goals in protecting the rights of our drivers.
–Mark Bigger
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A CAT’S NOSE KNOWS
A TAIL OF COURAGE
A national hero from the U.S. Coast Guard had a lot to wag her tail about this year! K-9 Sonya, an 11-year-old Belgian Malinois, was honored with the Animals in War & Peace Distinguished Service Medal this March for her extraordinary heroism over the past nine years. The hardworking dog has a long list of achievements and continues to serve the Coast Guard proudly. Sonya was one of 18 explosive detection canines in the Coast Guard, assigned to two duty stations, the Maritime Safety and Security Team in Seattle and the Maritime Security Response Team West in San Diego. Alongside her human partner, Sonya’s primary job was to detect and detract acts of terrorism in the U.S. She has performed more than 5,000 hours of explosives detection work and more than 8,500 vehicle sweeps. The pooch’s expertise has helped other local law enforcement agencies handle bomb threats in residential and federal buildings, and she has worked with the FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. One of the highlights of her career was when she found a firearm that was ditched during a high-speed pursuit that was later linked to multiple homicides. Her work ultimately helped to identify the suspect.
Sonya has also had the opportunity to attend major events in the country, protecting guests and fans. Over her career, she worked security for four Super Bowls, the Rose Bowl, the U.S. Track and Field Olympics, U.S. World Athletics, PGA tournaments, and many other mass public gatherings. Sonya has assisted in security for four U.S. presidents, high-ranking dignitaries, and world leaders.
Sonya retired in 2023 and was diagnosed with a very aggressive form of cancer, but she didn’t let it stop her from continuing to serve. Sonya worked as the Coast Guard’s first-ever canine recruiter until her passing in April. In a heartfelt message online, Sonya’s handler, Chief Petty Officer James Grant, paid tribute to his partner. “Sonya girl, you were a fighter until the end,” he wrote. “Your loyalty and love will be forever remembered. K9 Sonya, you were the greatest, most loving dog I have ever met.”
Sonya’s brave legacy lives on and continues to inspire.
TOP TIPS TO STAY FIT WHILE DRIVING HEALTHY FOR THE LONG HAUL
Life on the road offers a chance to see the country while earning a paycheck. The lifestyle of the professional truck driver, however, can easily lead to health problems, including twice the average rate of obesity and a high incidence of diabetes and hypertension, according to the Centers for Disease Control and Prevention. Add to that a chronic lack of exercise and inadequate sleep, and you have a prescription for serious ailments.
the road. Prepackaged salads and quick, microwavable meals can also fill the gap. Curb your appetite and stay hydrated by drinking water before meals. Women typically need about 11.5 cups of water a day, and men need 15.5 cups. Keep a Brita filter pitcher or an insulated water bottle to refill at truck stops. One professional driver posting in an online forum told of cutting his weight from 215 to 175 pounds by bringing his own food on trips and exercising in the cab of his truck. He cooks chicken, fish, and rice dishes before leaving on a multiday trip and stores the meals in a refrigerator in his truck. Breakfast is a hardboiled egg and oatmeal. Build an exercise routine. The same trucker brings two 15-pound dumbbells to do curls and presses in his sleeper, cranking the air conditioning to avoid breaking a sweat. He also makes squats, situps, and ab crunches
a part of each day. Resistance bands can help tone muscles in a small space.
Aim for 2 1/2 hours of exercise a week. And when all else fails, take a walk on one of your breaks or while doing laundry. A hopeful improvement: A few companies have begun providing fitness facilities for truckers at terminals. Get enough sleep. Most people need seven or more hours. Plan ahead if possible to park in a safe, quiet place, such as a rest stop or a company or customer facility. Invest in creating a dark, quiet space, by equipping your cab with power units or bunk heaters and securing a sunscreen cover for your windshield. Also, reducing stress during the day will aid sleep. Invest in items for your own comfort, such as a high-quality seat cushion. And to cycle down before sleeping, try podcasts with soothing sounds, storytelling, or music.
“Exercise and healthy eating are but fantasies at this point,” wrote one
million‑mile trucker in an online forum. So, here are a few trucker-tested tips to ward off problems. Avoid truck stop food. Avoid truck stops’ fast-food restaurants and the processed fare that lines the shelves. To curb the munchies, bag crunchy veggies such as kale chips or baby carrots as snacks for
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Minor Missteps, Major Pain
Your Referrals Make a Difference! Thanks to your 82 referrals in August, we were able to donate $1,140 to help fight human trafficking and lead medical missions. INTERNATIONAL JUSTICE MISSION To learn more about International Justice Mission and their mission to protect half a billion vulnerable people from exploitation, please go to IJM.org . MEDICAL MISSIONS OUTREACH To learn more about showing God’s love by providing quality medical treatment to some of the poorest people in the world, visit the Medical Missions Outreach home page at Medical-Outreach.com .
NAVIGATE E-LOG RULES WITHOUT A HITCH
For the professional truck driver, small slip-ups can lead to big consequences.
One of the most common and easily preventable mistakes drivers make is failing to follow the rules when recording information in their electronic logbooks, or e-logs. Entries must be precise and accurate. About one- fourth of all logbook violations we see are “form and manner” violations— that is, mistakes in recording mileage, hours, and other details. While many entries remain constant, such as carrier details, fleet headquarters, and vehicle data, other items must be updated for each 24-hour period, including the date, daily mileage, total hours, the 24-hour period start time, and any shipping documentation details or remarks. Seemingly minor missteps can cause problems. For example, drivers must enter cities’ full names, such as “Los Angeles,” rather than abbreviations, such as “LA,” followed by the two-letter state abbreviation. Non-compliance with these exacting rules can affect drivers’ careers. To identify high-risk drivers and carriers, the Federal Motor Carrier Safety Administration (FMCSA) uses a tool called a Compliance, Safety, and Accountability (CSA) score that assigns severity points to drivers and carriers. A form and manner violation won’t force you off the road, but the number of severity points you receive can quickly affect your employability. CSA points remain on your preemployment screening record for three years, where any carrier can access it when screening candidates. Also, frequent offenders face more severe sanctions, based on a time- weight factor. Drivers may receive only one CSA point for a first violation, but points are multiplied by two if you have an earlier violation within the preceding 6–12 months. If your most recent violation was less than six months ago, your points are multiplied by three. CSA points also affect your carrier’s FMCSA safety ranking, potentially increasing the company’s insurance premiums. If you have been cited for a logbook violation, the experienced California traffic attorneys at Bigger & Harman can help. Don’t hesitate to call our firm. We will be happy to offer you an appointment for a no-obligation consultation, free of charge.
“He gives strength to the weary
and increases the power of the weak.” ISAIAH 40:29 NIV
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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 the Bill of Rights Protects Professional Drivers ............................................ PAGE 1
The Belgian Malinois Who Protected America................................................................... PAGE 2
Trucker-Tested Tips to Stay Healthy on the Road........................................................... PAGE 2
Avoid Logbook Violations by Knowing the Rules............................................... PAGE 3
The Joy of Apple Picking.................................... 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!
Most of the apples you find in stores are ripening now, making September prime apple-picking season! When green apples begin to turn yellow and red apples brighten in color, they are ready to be gathered up. If you are looking for a great excuse to get out in nature with your family or just hankering for some fresh produce, then apple picking is the thing for you. Orchards all over the country have a you- pick season so you can bring home your own fresh apples. Here is how to get in on the apple-picking trend right now! HOW DO YOU LIKE THEM APPLES? If you and your kids aren’t paying to pick apples, and you don’t have the owner’s permission, that’s stealing. If you (or someone else) pay your kids to pick apples, that is child labor, which is, sadly, also illegal. Kidding aside, for the most part, to pick apples at an orchard, you must pay for the privilege. Orchards all across the country have different varieties of apples ripening all the time. Whether you’re in Maine, Michigan, California, or somewhere in between, you are likely ready to go on an apple-picking frenzy with family! BASKETS OF FUN APPLE PICKING WITH THE WHOLE FAMILY
ENJOY THE FRUITS OF YOUR LABOR. After a long day of picking apples and making memories, you need a place to put them. Sure, if you want to dig into your apples right away, a bowl on the counter is fine. But if you want to store these apples for safekeeping (or making pie, apple crisp, apple sauce, or myriad other things), keep them somewhere nice and cool, like a refrigerator. If you keep your apples cool, they’ll stay good for weeks, ensuring you can enjoy the fruits of your labor all month!
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