Bigger & Harman, APC - June 2021


THE DAILY DRIVER Attorneys Defending Your Right to the Road

JUNE 2021

Always Working, Yet Always There for Me A FATHER’S DAY TRIBUTE TO MY DAD

Some of the most important lessons from our parents are never intentionally taught — they’re learned by example. My dad has always been a role model for me. But what I appreciate most is how he prioritized family. My dad took his work very seriously. He was a medical administrator at a health clinic, and he worked long hours while I was growing up. Specific “working hours” didn’t mean too much to him. He believed in working until the job was done. But as soon as Dad was in the door, he was all about spending time with us. We’d play croquet or basketball in the summers. We had long talks at the dinner table on current events, faith, or sports. Since we lived much of my childhood far out of town, we would also have long conversations while driving hours a week to open gym or church activities.

driving and for years would drive around 400 miles helping people make their flights. These days, he drives senior citizens to help them run errands or to special outings. It suits him perfectly! Some of my favorite memories of my dad take place in cars. As kids, we used to attend a church that was over an hour drive away, a two-hour round trip. We did that for over seven years, talking about the sermon during those long car rides back. We think back pretty fondly to those conversations. But one of my favorite memories was when my dad had a medical supplies business and had a delivery route that took him all over the state, sometimes more than a day’s drive away. It was rare that my dad ever spent more than a day away from home, but he’d bring me along on those super long drives, and I loved drinking pop soda while he did his sales runs. We even had a pair of bunk beds in the van where we’d sleep. Those trips were an adventure, a kid’s dream. Thanks, Dad, for always being part of my life. Even though we have not lived in the same state for 15 years, you’ve always tried to make the distance small. I know I can rely on you for anything and I love driving places with you!

“[My dad] always went the extra mile — literally, too.”

Both of our parents made no shortage of sacrifices along the way, either. My mom really wanted to teach us at home, so we were a single-income family. Even though we were never short of food or necessities, they skipped many opportunities for extra comforts or building assets so our mom could teach us. Rather than buying a house and building equity, my parents invested their time and concerns in us instead. My dad has always been willing to literally drive the extra mile. Whether that was to see family or for work, taking long drives is something he enjoys. When my dad retired from the medical industry, he was really tired of working in an office. He got a job

Happy Father’s Day,

–Mark Bigger

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Many people in the U.S. and across the world have a national park trip on their travel bucket list. While Zion, Yellowstone, and the Great Smoky Mountains are all awesome locales, outdoor enthusiasts often overlook a resource that is less busy, less expensive, and usually right in their backyard: national forests. All but 10 states have a national forest (or more than one!), so if your home state doesn’t have one, it’s very likely a neighboring state does! And there’s no better time to hike, bike, forage for mushrooms or berries, or camp at a nearby national forest than this month. The tree- filled landscape will provide shade and help you beat the summer heat, and to further incentivize visitors, the U.S. Forest Service (the organization that oversees the national forests) is offering a fee-free day on Saturday, June 12, in honor of National Get Outdoors Day! While parking and day-use fees to access national forests tend to be relatively modest, fee-free days open up the opportunity to all visitors. The U.S. Forest Service has a great interactive map tool that prospective park-goers can use to learn more about the forests in their area, amenities and activities, and accessibility. Visit ivm to access the map and see what’s near your hometown!

If you’re dreaming up travel plans beyond your state’s border, consider visiting these notable U.S. national forests.

• El Yunque National

Forest: Located in Puerto Rico, El Yunque is the only tropical rainforest in the United States.

• Tongass National Forest: Spanning 16.7 million acres and several islands across Southeast Alaska, the Tongass is the country’s largest national forest. • Salmon-Challis National Forest: This Idaho forest is the largest contiguous wilderness area in the lower 48 and contains the Frank Church-River of No Return Wilderness. • Cibola National Forest and Grassland: Spread across north- central New Mexico, west Texas, and Oklahoma, this forest and grassland area is notable for its diverse ecosystems and wildlife. The Sky Islands portion of the park is also home to over 200 rare plant and animal species.

Are You the Lucky Winner of a Red Light Ticket?

Entering an intersection when the light is yellow is always a roll of the dice: If the light turns red before you are fully in the intersection, you could trigger the camera and get a red light ticket. Before the Bakersfield Police Department sends you a camera- enforced red light ticket, an experienced patrol officer is legally required to view the pictures and video. Both the driver and the license plate must be clearly visible before the officer sends it to the vehicle owner. But sometimes shortcuts or mistakes happen and the wrong person is charged or the charge is wrong. Oftentimes the court clerk, the officer, or the judge will say you must tell them who was driving so they can send them the red light ticket instead of you. But this is not legally correct. The police have to prove beyond a reasonable doubt every element of the case, including identity. You should not have to snitch on a family member or friend in order to get a dismissal on a wrongly issued ticket. That’s why all red light tickets are not a sure thing for the police, either. When you get that ticket in the mail, look it over. Is it you behind the wheel? If not, you are NOT obligated to tell the police or the court clerk who was driving. Is it a good picture that easily matches up with your driver’s license photo? If not, do not go to court only to have the officer identify you beyond a reasonable doubt because you showed up in court.

Oftentimes, Class A drivers will take traffic school when ticketed in their private vehicles. But traffic school is not always the best option. For Class A drivers, the violation would not be confidential. Employees, insurance, and FMSCA will still be able to see the violation. WHAT IF I WAS TURNING RIGHT AT A RED LIGHT? When the light is red in CA, you can turn right after a complete stop without getting a red light ticket, usually. Though, the position of the law enforcement officer (LEO) might prevent them from seeing that you came to a complete stop at the limit line or before the crosswalk as is required by the CA Vehicle Code (CVC) Section 21453, Offenses Relating to Traffic Devices: “A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection …” Always consult a traffic attorney before deciding whether to accept TVS and pay the fine (about $500) or challenge the ticket. Remember, it is not up to you to point out who was driving your vehicle if it wasn’t you. The state must prove you were guilty of the infraction. If you want California’s best traffic attorneys on your side, please give us a call, and we’ll fight hard to make sure you are treated fairly by the state.

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Most commercial drivers who use I-80 to cross from Nevada and get to the port at Oakland in the Bay Area know about the roadside inspection and weigh station in Donner Pass just outside Truckee, CA. However, what many do not know is the subtle difference in how the axle lengths and the amount of weight each axle can bear are determined, depending on the distance between axles as described in CA Vehicle Code (CVC) Section, 35551, Axle Limits, which warns, “…the total gross weight in pounds imposed on the highway by any group of two or more consecutive axles shall not exceed that given for the respective distance…” of the tables provided. What’s more, paragraph (c) states, ”The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used.” Therefore, if you weighed your truck in Nevada, and your weight was good at 37,000 pounds for 9 feet between axles, but your axle distance was actually 8 feet, 5 inches, you are 3,000 pounds overweight by CA law. Overweight trucks in CA usually pay a fine of $1 per pound overweight without a permit under CVC Section 35784, Permits and Agreements. What’s more, you will likely have to shift some of that weight to another truck or get another permit approved by Caltrans before you can move the truck from the weigh station. Why You Might Get an Overweight Truck Limit Ticket in Truckee, CA

INTERNATIONAL JUSTICE MISSION Thanks to your referrals, we were able to give $1,060 to fight human trafficking. To learn more about International Justice Mission, please go to MISSION: To protect the poor from violence by rescuing victims, bringing the criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts. Our long-term vision is to rescue millions, protect half a billion, and make justice for the poor unstoppable.

However, the fine for an overweight truck without a permit in CA depends on four elements:

1. The number of axles on the vehicle 2. The distance between axles 3. A vehicle’s maximum weight 4. The maximum weight for each tire or axle

But I will sing of your strength, in the morning I will sing of your love; for you are my fortress, my refuge in times of trouble. PSALM 59:16

We can provide an aggressive defense for all CDL tickets. Save money and time by getting our expert legal help today!

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1701 Westwind Drive Suite 203 Bakersfield, CA 93301


Always Working, Yet Always There for Me...................................................... PAGE 1

Have You Explored a National Forest?......... PAGE 2

Are You the Lucky Winner of a Red Light Ticket? ..................................................... PAGE 2

Got an Overweight Truck Limit Ticket in Truckee, CA? ................................................ PAGE 3

3 Professional Development Resources That Don’t Suck................................................ 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!

or Roxanne Gay or master the art of negotiation from FBI hostage negotiator Chris Voss. (And for fun, become a chef with Gordon Ramsay!) Commit to one video chapter each week or listen as you drive. Just spend a few moments afterward reflecting on the content so it can soak in. DOWNLOAD APPS FOR QUICK LEARNING. There may be points when you are just too busy or find that starting a new class or habit is difficult. Don’t quit; instead, look at your smartphone. Download apps like Libby — an app connected to local libraries where users can check out audiobooks or read digitally — to get a quick, easy fix of professional development. You could also try podcasts on Spotify, Stitcher, or Apple Podcasts. There are plenty of short episodes that focus on professional development. TRACK YOUR PROGRESS. With so many options, classes, and tools available to you, it can be overwhelming to set, track, and meet your professional development goals. That’s where habit trackers can help! Whether you prefer to use pen and paper for journaling or download an app for digital tracking (try or Habitify), a habit tracker allows you to see tangible progress and identify areas of improvement. Bonus Tip: Find a mentor or buddy to do professional development with you! Everything is easier with a friend, and whether you need someone to hold you accountable or are looking for support from someone wiser than you, someone by your side may be just what you need.

IMPROVE YOUR SKILL SET With 3 Easy Professional Development Methods

A lifelong learner mentality is often lauded as a habit of successful people, but far too many professional development courses are geared toward entrepreneurs, CEOs, and managers. However, you don’t need a leadership title to benefit from this knowledge. Dip your toe into the professional development waters while on the road with these three tips for seamlessly incorporating learning into your life. GO TO SCHOOL WITH THE PROS. If you could harness the knowledge of world-leading experts, wouldn’t you want to? Platforms like MasterClass, LinkedIn Learning, and Skillshare offer expert knowledge in bite-size courses that users can take at their own pace. Learn how to write from Malcolm Gladwell

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