Law Office of Patrick Silva - October 2018

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SILVA & SILVA ATTORNEYS AT LAW

PATRICK SILVA DUIs

MEAGAN SILVA Living Trusts and Injury Cases www.willsandtrustlawyers.com

909-798-1500

www.beatmydui.com

OCTOBER 2018

BIKING WITH MY BROTHER

C O N Q U E R I N G 7 0 M I L E S O F T H E T O U R D E B I G B E A R

I ’m one of those lucky people in the world who shares a hobby and passion with their brother. This August, my brother and I took our passion to the Tour de Big Bear bike ride with about 1,500 other eager riders. There was a variety of race options available, ranging from 25 miles to 125 miles, so we decided to hop onto the 70-mile ride and see where it took us. Like me, my brother is an avid biker. At the age of 64, he’s been biking for about 30 years, and he doesn’t let his age define him on the bike, keeping pace with 20-year-olds cruising down the road. On this particular ride, we took off around 8 a.m. with a stream of flowing bicycles carrying every body type imaginable and a sea of varying spandex colors. Participants ranged from people who were nearly 400 pounds to scrawny little kids. The beginning of the race starts with a 10-mile loop around the side of a mountain, and throughout the course there are eight stops for bikers to rest up and get some extra nutrition. At the end of this 10-mile loop, I was waiting for my brother, who was less than a minute behind me, when a woman with a thick German accent asked me if I could help her with her bike. As I was quickly reminded, no good deed goes unpunished. I said “Sure” and managed to get her bike chain unstuck and work out the kink. This is where my expertise from building seven bicycles comes in handy. I managed to get the woman back on her way, but as I looked down at my hands, I noticed they were caked in grease; this woman had grease on her chain from here to high heaven. I knew I had two options: I could either ride the next four hours with greasy hands in my gloves, or I could find some way to clean them. So, I began scraping my hands with rocks and gravel on the side of the road to try

to wipe them clean. Eventually my brother caught up with me, and he grabbed a peanut butter sandwich before we rode off. Ten miles in, and we had already had a quick pit stop, some MacGyver hand- cleaning, and a lunch break. Eventually we made our way to the Onyx summit, which is also about 10 miles long and on a 4–5 percent grade. This route can be troublesome for some riders, as it’s a consistent, steady

incline for them to pedal up. Some people were dealing with cramping while others were puking as they pushed their way through the course.

Fortunately for my brother and me, we seemed to zip along the trail pretty quickly, making our way up in about 40 minutes. When I looked at my GPS app on the way down the Onyx trail, I noticed I was cruising along at 42 miles per hour. That’s the thing about biking that you don’t realize at first: You can use your body and strength to push yourself and go faster than you’d ever imagine you could go. We ended the race in just over 4 hours, and we were able to keep moving along pretty well. I guess it’s true what they say about having fun: Time sure does fly by.

–Patrick Silva

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Have a Fun and SAFE Halloween!

EVEN THE MOST FRIGHTENING GHOULS NEED TO BE CAREFUL

Choose Smart Costumes

Happy Halloween, you goblins, ghouls, witches, and spooks! It’s that time of year again when kids and adults alike can dress up and roam the streets as their favorite heroes, frights, or princesses. While kids are eager to show off their outfits and fill their pillowcases with sugary treasures, it's crucial to be aware of the potential dangers on Halloween night.

Halloween wouldn’t be Halloween without costumes! They should be fun, but you can also make them safer by following a few simple guidelines. Add reflective tape to candy bags and costumes and wear light colors to stand out in the dark. Buying or making the right-sized costumes is also important. If they’re too large, they create a tripping hazard, and if they’re too tight, they can restrict movement. If your child wears a mask, make sure they can see out of it properly. Before heading out to trick or treat, create a plan and discuss it with every member of your family. This ensures that if someone in your group wanders off, they’ll know where to look for you or where to go. In case you’re separated, label your child’s costume with your name, address, and phone number. If your children are old enough to trick or treat without adults, make sure that their cellphones are charged and on them at all times, and schedule regular check-ins. Make a Plan

Practice Street Safety

Make sure your kids understand basic road safety. According to Safe Kids Worldwide, “Children are more likely to be struck by a vehicle and killed during Halloween than any other day of the year.” Before heading out for some good old-fashioned trick-or-treating, take the time to go over basic safety tips. Teach kids to look both ways before crossing, use crosswalks and traffic signals, cross streets on the corners, and never run across the street. Making eye contact with drivers before walking in front of their cars is also a good way to make sure the driver knows the child is there.

The ProblemWith Breathalyzers

WHY YOU SHOULD RECONSIDER TAKING THE TEST

You are pulled over one night under suspicion of driving under the influence, and the officer asks you to take a Breathalyzer test. If you refuse, you fear you might get in more trouble. If you comply, you might get slapped with a DUI charge you aren’t necessarily guilty of. What should you do?

into that pipe. Some law enforcement officers may eventually get court-ordered tests to measure the amount of a controlled substance in your body, but no one can force you into a Breathalyzer test immediately after getting pulled over. BREATHALYZERS MAY NOT BE ACCURATE. For many years, Breathalyzers were the catch-all when it came to DUIs. For most agencies, they were the defining test that determined whether or not someone should be arrested for a DUI. However, recent science shows that these tests can have a margin of error of 15–23 percent. This means you could become the victim of a false test and could face a charge you’re not responsible for. The most accurate way to test your blood alcohol content is through a blood test. If you’re unsure about a Breathalyzer test, don’t take one! You are not forced to do so. But if you believe you’re the victim of a faulty test or if you need help fighting your DUI case, contact Silva & Silva at 909-798-1500.

The answer isn’t simple. Breathalyzers are complicated pieces of equipment originally designed to test a person’s blood alcohol content. Yet the tests themselves and the actions in taking the tests are contested and scrutinized. Consider some of these facts before you agree to take the test.

YOU DON’T HAVE TO DO IT. There is no law that requires you to comply and take the Breathalyzer test

2 www.willsandtrustlawyers.com | www.beatmydui.com after being pulled over. For most people, this test is completely voluntary. If you are under the age of 21 or if you are on probation for a previous DUI, you are required to take the Breathalyzer test, but if you don’t fall into those categories, no one can force you to breathe

WEIRD ‘VEHICLES’ YOU CAN GET A DUI ON CHOOSE YOUR RIDE WISELY

ON THE OPEN SEAS

When you think of a DUI, you often think of someone being pulled over for driving their car or truck down public roadways while intoxicated — but as some of these examples show, you’re always at risk of getting a DUI when you drink and drive any kind of vehicle (or animal) in public. HARVEST TIME

A DUI received while driving a boat is a bit different in California and is often called a BUI — boating under the influence. It’s so tempting to enjoy our wonderful California sunshine by downing a few refreshing drinks and diving into the water with your friends, but be wary on public waterways or you could be slapped with a BUI charge. BARNYARD PARTY Again, what you do on your own property is your own business, but when you take your horse, donkey, or any other animal out on the road after a few drinks, you may face a DUI. A man in Colorado was arrested for doing just that when he was on his way to a friend’s wedding in Utah, while another man in southern California recently faced this same charge after getting arrested on the freeway. No matter what kind of DUI charge you face, you deserve proper representation. Call Silva & Silva at 909-798-1500 to get the representation you deserve.

Be careful about hopping on the combine harvester or your lawn mower after a few drinks. A man in Pennsylvania was arrested for a DUI after he passed out in a bean field,

while a man using his lawn mower as his main mode of transportation in

Minnesota was arrested for his ninth DUI. While you have the right to do what you want when you want on your own property, you may face the danger of arrest when driving these machines in public.

• 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?

Paleo Pumpkin Coconut Smoothie

This meal-in-a-glass smoothie will cure your craving for a pumpkin spice latte. It’s packed with nutrients and fall flavor. If you’re the type of person who uses your blender more than your pots and pans, you’ll definitely want to add this recipe to your rotation.

INGREDIENTS

• 1 cup coconut milk • 1/4 cup organic pumpkin purée • 2 teaspoons pumpkin pie spice (or substitute with cinnamon and ginger) • 1 frozen banana, sliced • 1 cup ice 1. In a blender, combine all ingredients. 2. Blend on high or on smoothie setting until smooth. 3. Transfer to a cold glass, garnish with pumpkin pie spice, and serve. DIRECTIONS

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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

Bike Rides With My Brother 1 2 3 4 INSIDE THIS ISSUE Trick-or-Treating Safety! The Problem With Breathalyzers Weird DUI Citations Paleo Pumpkin Coconut Smoothie 3 of the Weirdest Cryptids in Pseudoscientific History

THE MONSTERS SOME BELIEVE ARE REAL

3 of the Weirdest Cryptids in Pseudoscientific History

THE BUNYIP When European settlers began edging into the territory of Aboriginal Australians, they heard whispered, frightened tales of a man-eating “water spirit” that lived in the lakes and rivers of the area. Descriptions of the creature varied wildly. The monster was alternately described as an enormous starfish, an alligator-like creature with the head of an emu, or a massive bulldog-faced beast. But accounts held one thing in common: The monster claimed the lives of any who dared camp near its watery domain.

There are people who would have you believe that monsters live among us all year long. These individuals, referred to as cryptozoologists (or just “wishful thinkers” by their skeptics), believe a hidden animal kingdom exists just beyond the edge of mainstream biological science. Here are three of the weirdest, almost-certainly imaginary “cryptids” to ever capture the human imagination. THE JERSEY DEVIL According to legend, the 1.1 million-acre Pine Barrens of southern New Jersey are home to more than just birds and deer. The story goes that when one Jane Leeds gave birth to her 13th child, she was dismayed to add yet another kid to her responsibilities. She cried out, “Oh, let this one be the devil!” Shortly after the child was born, the boy was transmogrified into a twisted creature with the malformed head of a goat, leathery wings, and a thrashing, forked tail. After slicing the midwife with its ragged claws, the beast flew up the chimney and fled into the trees. Hundreds of years later, the beast is still said to creep the backwoods on its cloven hooves, glowering from the blackness with shining, red eyes. 4 www.willsandtrustlawyers.com | www.beatmydui.com

THE LOVELAND FROG One night, near Loveland, Ohio, a man reportedly beheld a trio of bipedal frog-people slapping their webbed feet along the side of the road. If that wasn’t enough, one even had a magic wand, which shot sparks as the man ran off. Apparently, not all mythical beasts are bloodthirsty monsters; some are a little more Kermit than Cthulhu.

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