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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
NOVEMBER 2021
With Thanksgiving approaching, I noticed another holiday on the horizon: Small Business Saturday. It’s the day after Black Friday and calls for people to celebrate and support their local small businesses. In honor of that sentiment, I knew I had to honor many of the small-business owners I’m most personally familiar with: owner- operators in the trucking industry. Many years ago, my Grandpa Bigger owned his own truck and operated independently here in the west. He delivered timber products and had a successful career doing so, despite the fact that operating independently was a little unconventional in those days and didn’t make him friends in some circles. That’s changed now, and the number has stayed pretty steady since the 1990s. Today, there are over 350,000 owner-operators driving in the United States. In fact, owner- operators make up nearly 11% of the truckers on the road today, and they earn an average of $50,000 a year. These drivers not only drive about 101,000 miles per year, but they also spend more than 100 nights a year away from home on average. Although these truckers make a huge contribution to driving our economy, they aren’t just driving. Owner-operators also have all the added responsibilities of backup equipment, preventive maintenance, insurance, and many other tasks related to running a business. The U.S. Bureau of Labor Statistics reports that the average wage for heavy and tractor-trailer truck drivers is $46,370, and an analysis of U.S. Census Bureau and American Community Survey data shows that owner-operators can earn up to $19,200 more annually than their company-employed peers. But it’s getting more and more difficult with states like California throwing regulations and obstacles in front of drivers operating their own trucks. However, they can also be paid less — the bottom 10% of owner-operators earned 30% less per hour, about $11,000 less per year, despite the fact that they usually work 2% more hours than company-employed peers. Despite the risk, my grandpa loved driving. He eventually moved into the logging industry by starting a portable log mill with some friends, then became a general manager when that little mill turned into a big one. But he valued his time on the road, and once he retired and got bored, he went back to the cab. My Grandpa was a fun person to be around. I remember riding skateboards behind his pickup truck as he dragged us around the campgrounds as a boy; it was awesome. I miss him. Grandpa, I bet that riding shotgun with you down the I-5 in a truck would have been just as much fun as those trips you took me on as a boy. Here’s to you, Grandpa. In a time when we are having trouble getting goods and services delivered, owner-operators like my Grandpa Bigger deserve to be recognized as a crucial part of our economy.
A TRIBUTE TO OWNER- OPERATOR TRUCKERS I’m Thankful for You, Grandpa
–Mark Bigger
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Dogs can be trained to obey a lot of commands: sit, stay, roll over, play dead. But how about “dial 911”? Well, that would probably be a foreign command for most dogs. Luckily, it wasn’t for Buddy, an 18-month-old German shepherd who remembered his training and saved his owner’s life. Joe Stalnaker of Scottsdale, Arizona, sustained a head injury during a military training exercise 10 years prior to the incident. Because of that injury, he suffered from seizures. Normally, a condition like that would make it unwise for him to live alone, but Stalnaker valued his independence and wanted to find a way to lead as normal a life as possible. Joe adopted Buddy from a Michigan-based organization called Paws With a Cause when the pup was just 8 weeks old. Paws with a Cause trains assistance dogs, and after adopting him, Joe trained Buddy to
dial 911 until an operator was on the line in the event that he had a seizure.
A year and a half later, that training saved Joe’s life. One day, Joe began seizing when he was home alone with Buddy. Buddy rushed to the phone and dialed 911, whimpering to the dispatcher. Even if they don’t hear anyone on the line, dispatchers are required to send police. When police arrived at Joe’s home, they found him and Buddy, who was barking loudly. They took Joe to the nearby hospital, where in a few days, he made a full recovery. Some might say that Buddy was just following his training, but this heroic act goes far beyond just sitting and rolling over for treats. Even the veteran dispatchers hadn’t heard of a dog dialing 911 before. Buddy knew it was his mission to keep his owner safe, and thankfully, he knew exactly what to do under pressure — because that’s what heroes do.
HOW ONE DOG SAVED HIS OWNER BY DIALING 911
IN CALIFORNIA, THERE CAN BE HUGE CONSEQUENCES Considering Skipping Court?
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Unfortunately, a California traffic ticket or failure to appear (FTA) does not just disappear because you ignore it. Therefore, a forgotten or ignored traffic ticket could come back to haunt you years later. Suppose you were out of state for several years. Now, you want to reestablish your residency and drive legally in California. You should consult a California traffic attorney to assist you in removing the bench warrant, if any, and resolving the FTA and the original ticket. A traffic attorney can ask the traffic court judge to suspend administrative and late fees that have accumulated. However, the ultimate decision lies with the judge. HOW CAN AN FTA AFFECT YOUR REPUTATION AND RECORD? According to the CA Vehicle Code (CVC) Section 40508, Release Upon Promise to Appear makes your FTA a misdemeanor crime. It states, “A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor …”
There are specific instances where the FTA for a ticket could be quickly resolved with the help of a traffic attorney. Did you notice how the traffic code says willfully violating? That leaves some circumstances open to the judge’s discretion regarding whether or not you willfully violated your promise to appear. If you were incarcerated, hospitalized, deported, or serving in the military away from the court where you were to appear, you did not willfully FTA. Therefore, the first step to clearing an FTA is for your traffic attorney to build your defense for either of two scenarios: You did not willfully FTA, or you were not able to appear due to an emergency outside the court’s jurisdiction. WHAT IF THERE IS AN ACTIVE BENCH WARRANT? A warrant authorizes the police to arrest an individual who has an outstanding bench warrant. To avoid an ugly situation, a traffic attorney can clear the warrant, begin procedures to remove the FTA, and challenge the original ticket.
An attorney can clear your FTA without your appearance in court, so don’t wait to give our office a call!
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Suppose the law enforcement officer (LEO) gave you two traffic tickets for one stop — one for speeding and another for reckless driving, based solely on your driving a vehicle more than 25 mph over the speed limit. It would be best not to lose hope because nothing in the CA Vehicle Code correlates speed and reckless driving. Only a judge, jury, or you can find you guilty, which is why you want a traffic attorney right away. By paying the fine without challenging traffic tickets, you do the state’s job for them. CA Vehicle Code (CVC) Section 23103, Driving Offenses, which deals with reckless driving, states, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” It identifies an “off-street parking facility” as another place a person could drive recklessly. However, it does not mention anything about speed as an element of reckless driving. Never admit guilt for a law you’re not certain you broke, particularly because reckless driving is a misdemeanor crime punishable by 5–90 days in county jail, a fine of $145–$1,000, or both. Each section of the CA traffic code has specific elements the state must prove for the judge to find you “guilty beyond a reasonable doubt.” Yes, even in traffic law, that is the standard. Thus, a traffic attorney’s mission is to raise the level of doubt so the judge will dismiss the charges against you. In some circumstances, such as when the LEO wrongly accuses you of a violation based on something not contained in the traffic law, the judge can reduce the charge. Often, a traffic attorney can negotiate a no-point violation with the judge when the evidence might not be strong enough for a conviction. You might still pay a fine, but your insurance premium will not go up — because there are no points. Don’t Lose Hope — Here’s How to Fight It How to Handle Getting 2 or More Tickets on 1 Stop
INTERNATIONAL JUSTICE MISSION Thanks to your 41 referrals, we were able to give $820 to fight human trafficking. To learn more about International Justice Mission, please go to IJM.org. 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.
“Give thanks to the LORD, for he is good; his love endures forever.”
1 CHRONICLES 16:34
So, don’t be afraid to challenge your traffic tickets! Let us lend you a hand in court. Give our office a call today at (661) 349-9300.
(661) 859-1177 | 3
, 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
A Special Edition for Owner-Operators...... PAGE 1
Dog Dials 911 to Save His Owner.................. PAGE 2
What Happens if You Don’t Appear in Court?............................................................. PAGE 2
It’s Worth Fighting Multiple Traffic Tickets From 1 Stop......................................... PAGE 3
Lowering Holiday Stress................................. 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!
the long run. Your daily exercise and other health activities keep you balanced and ready to face challenges head-on. 3 TIPS FOR A MERRIER TIME Have a Low-Stress Holiday GET STARTED EARLY Holidays always arrive faster than we expect, so begin preparing early. If shopping for presents is a pain point, don’t wait until the last minute. Decorate earlier than you need to — or better yet, get the kids to do it for you. There’s only so much cooking you can do ahead of time, but ensuring you have all of the equipment and nonperishable ingredients you need a few weeks in advance will reduce both your workload and anxiety. DON’T EXPECT PERFECTION The sooner you let go of the idea of a “perfect” holiday, the sooner you’ll be able to have a happy one. Face it: Something will go wrong. Whether it’s an overcooked dish, a child throwing a temper tantrum, or your uncle talking politics at the dinner table, nothing will ever go just how you planned. So, embrace the imperfections. Whether you’re celebrating this year with a group of two or 20, holidays can be a stressful time — but they don’t have to be. With these tips, your festivities may not be picture-perfect, but they will be a lot of fun.
The holidays are right around the corner, and while many people can’t wait to eat turkey and swap presents, others only see stress on the horizon. Especially for those hosting parties, between decorations, big dinners, excited kids, and visiting family, it can all feel overwhelming. If celebrations are happening at your house this year, here are three tips to lessen the strain and keep up the holiday cheer. RECHARGE FIRST Ensure you’re rested and recharged before the holidays by taking time to relax, getting enough sleep, and engaging in activities that make you feel good. When you’re rushing to get everything done, it can be tempting to skip self-care routines, but that will cost you in
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