Bigger & Harman ,APC February 2018

BIGGER

DAILY

Toll-Free (661) 859-1177 Se Habla Español www.bakersfieldtraffictickets.com HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS , APC

THE

DRIVER

FEBRUARY 2018

NO STRANGER TO SPEED

Mark’s Story

The first time I drove into town alone, I got pulled over. Growing up in the mountains above Route 26, I was no stranger to speed. So when I pulled into Seaside, Oregon, I may have been laying it a little heavy on the gas. Thankfully, the police officer seemed amused at finding a frightened teenager in the driver’s seat. He wagged his finger and let me off with a warning. Ah, the good old days. I’d like to say I learned my lesson that day, but to be honest, I was born with a lead foot. In 10 years, I received 13 warnings from traffic cops, but didn’t get a single ticket. Most of these, of course, were for speeding. The thing is, I wasn’t running late, I just loved the rush of flying down the open road. Now that I’m older and a little wiser, I find myself planning whole road trips around satisfying this urge to go fast. Legally. I suppose you could say driving is in my blood. My grandpa used to whisk grandma away on impromptu trips down the coast. Those lovebirds would go all the way from Medford, Oregon, to Mexico. After leaving his job as a lumber executive in his 50s, my grandfather took up a new career as a truck driver. Maybe he could make more money doing something else. But he figured he would spend his time driving the routes and highways he loved. I still remember when he used to take me and my sister on rides as kids. Not in his truck — on his motorcycle. He didn’t even have a sidecar. He’d just scoop us up into the saddle and go. The rush of wind in my ears, a raging river of asphalt just beneath my feet, those rides are some of my most vivid memories. Without them, I may not be where I am today.

If my lead foot got me anywhere, it would be traffic law. “

If my lead foot got me anywhere, it would be traffic law. The first few tickets I ever defended as a lawyer were my own. I don’t care to admit how often I ended up in traffic court. Let’s just say I got plenty of practice, so much that my lawyer buddies started to ask me to defend their speeding tickets, and then their friends’ tickets, and so on. Before I knew it, I was a bona fide California traffic attorney. As time wore on, I found myself defending more and more Class A drivers. This is no surprise, with our practice so close to the grapevine. I’m really happy about this development. Thanks to my grandpa, I’ve always had a

soft spot for the needs of truckers. My father and uncle also drive for a living, I know how nerve-wracking it can be to have your entire livelihood tied to a driver’s license. I feel privileged to represent folks who share my family’s passion for the road. So, that’s the Bigger side of our firm’s story. I’m a Oregon boy who never quite grew out of the bends and straightaways of old SR 26. Next month, you’ll hear from my partner, Paul Harman. Having never been given a traffic ticket in his life, he’s the Yin to my Yang. Together, we make an ideal team, empathetic to the needs of drivers, with a level-headed approach to the law. Safe Driving,

–Mark Bigger

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THE TANGLED HISTORY OF PRESIDENTS DAY

How the Holiday Came to Be

On the third Monday in February, the entire nation celebrates Presidents Day … sort of. While the holiday is known colloquially as Presidents Day, its official federal name is still Washington’s Birthday. If that wasn’t confusing enough, different states officially know it as “Presidents Day,” “Lincoln/Washington/Presidents Day,” “Washington-Lincoln Day,” “George Washington Day,” and more. Let’s untangle how all these variant names came about and delve into the fascinating history of the holiday.

Washington was born on February 22, 1731. Given his incredible contribution to the founding of the United States, it’s understandable that a national holiday would be established to commemorate his legacy. The holiday was first established in 1879 for employees in Washington, D.C. Six years later, it was expanded to include all federal offices nationwide. And for the next century or so, nothing changed. However, in 1971, Congress passed the Uniform Monday Holiday Act. This bill officially moved holidays that were once celebrated on specific dates, like Memorial Day and Columbus Day, to a particular Monday in a given month. This allowed for three-day weekends and, hopefully, encouraged retail sales with an extra day of shopping. But this, unintentionally, moved Washington’s birthday celebration to a day between his actual birthday and the birthday of another venerated president, Abraham Lincoln.

By the late 20th century, Lincoln’s reputation and legacy were as titanic as Washington’s. Because Lincoln was born on February 12, 1809, many states found it appropriate to make the day a commemoration of two great presidents rather than just one. By the 1980s, “Presidents Day” was the more widely acknowledged name, if not the official designation. Why it hasn’t received a uniform federal name is anyone’s guess, but at least when you say “Presidents Day,” everyone knows what you’re talking about. No matter what you call it, the day is a chance to celebrate some of the people who’ve made lasting contributions to our nation’s history. If you look at any presidential ranking, Washington and Lincoln are probably No. 1 and No. 2. It’s fitting, then, that we celebrate their birthdays in tandem.

IN FOR THE LONG HAUL

WE DO EVENING AND WEEKEND APPOINTMENTS

Here at Bigger & Harman, we have the privilege of representing all sorts of drivers from around the central valley, from Mono County to Kern. Many of these folks are commercial license holders whose livelihoods depend on their ability to keep driving. We understand

business hours, don’t hesitate to give us a call. We know the challenges of the commercial driving industry, which is why we commit to remaining flexible. Maintaining a commercial license requires a lot more than simply following the traffic laws. Logbook, weight, and lane violations can leave you facing heavy fines and the possibility of losing your job. When your license is placed in legal jeopardy, you deserve representation that understands the ins and outs of the industry. Good representation can ensure that you get the best outcome from a traffic case. That sort of representation requires personal service. That’s why our lawyers find the time to make that happen, so you don’t have to. After all, your job often requires you to go the extra mile. Your legal representation should be held to the same standard.

this line of work rarely affords a flexible schedule. That’s why we are committed to meeting you where you are.

While our lawyers can’t go out on the open road with you, we can schedule a time that fits your needs. This includes doing phone consultations

on evenings and weekends. If your job prevents you from meeting us during regular

If you or a co-worker find yourselves in hot water with the local court or DMV, don’t hesitate to call us at (661) 859-1177.

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Deadlines, delivery dates, timetables — they’re a daily reality for commercial drivers. Even the most punctual operators can find themselves up against the clock. Weather, traffic, and plain old bad luck can leave you crunched for time. In those moments, it’s easy to give in to that urge to speed. What some commercial driver’s license (CDL) holders may not understand is that they have far more at stake than a speeding fine. THAT DEADLINE ISN’T WORTH SPEEDING FOR CDL Holders Pay More Than Money

HAVE A LAUGH

WORD SEARCH D N Z Y C R Q Q L O C T Y Z L X A Y S A O D L U Y Z I J X M N I E E Q M N R J P L A C O L B D B H D L S V Y O M I B M F U E L X D H S N O C T O O D I B M I E A A Z N K Y U N J W E B O E K K V E R J L G K X Y F A C Y P K O E D E S M O K E Y X L Q E Y V Y V H R U G I V P C F I W O J A L T O R M S S O G O W B U R Q S A D M O J L S N U A S D S M G N Y C Q U X B S C V C R L J S P L A Z E U E H L A R O T A G I L L A T B X K L L I N I U V U H M D X G G

SUSPENSION California’s point-based Negligent Operator Treatment System (NOTS) is harsher on CDL holders than civilian drivers. It’s 50 percent more harsh, to be exact. For example, a violation that would cost someone two NOTS points in a private vehicle would cost you three. At that point, you’re one violation away from having your license suspended. And that may only be the beginning of your problems. DISQUALIFICATION The state of California treats commercial vehicles speeding over 15 mph as a serious violation. As such, two violations within three years results in a 60-day disqualification from commercial driving. A third violation will result in a 120-day disqualification. That’s a lot of missed work, and you may have further complications with your employer. UNEMPLOYMENT The Employer Pull Notice (EPN) program allows employers to track the driving records of their employees. If you are enrolled in an EPN program, your employer will automatically receive a pull notice if you are convicted of a serious speeding violation. Such a violation will remain on your record, which will be visible to future employers. From a suspended license to the possibility of unemployment, there are plenty of reasons for CDL holders to resist the urge to speed. If you do find yourself charged with such a violation, your best option is to seek legal representation. An experienced Central Valley traffic ticket attorney can help you understand the ins and outs of traffic law and will work to improve the final outcome of your case.

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, APC HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS BIGGER

Toll-Free (661) 859-1177 Se Habla Español www.bakersfieldtraffictickets.com/

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1701 Westwind Drive Suite 203, Bakersfield, CA 93301

INSIDE THIS ISSUE

What Drove Me to Traffic Law ..... PAGE 1

Presidents Day or Washington’s Birthday.................. PAGE 2

Why We Work Weekends............ PAGE 2

Why Speeding Is Worse for Truckers........................ PAGE 3

The Most Romantic Destinations on Earth.................... PAGE 4

THE BEST VALENTINE’S GETAWAYS

TO FANTASIZE ABOUT

Valentine’s Day is for fancy dinners, heart-shaped boxes packed with subpar chocolates, and fantasizing about the magical places you and your beau would have escaped to — if only you had the PTO. So, grab a glass of bottom-shelf cab sauv, cuddle up next to your special someone, and try to make them feel bad for taking you to Chili’s instead of whisking you away to one of these picturesque fantasy lands. UDAIPUR, INDIA These days, meandering through the cobblestone streets of Paris with your loved one is très passé . All the real high-rolling romantics are migrating southeast to the famous Oberoi Udaivilas hotel in western India. Set in a traditional Mewari palace, visitors will feel like royalty as they stroll around the labyrinthine gardens that surround the elaborate cream-colored structure. Travelers can relax beside one of the many glassy pools sprinkled throughout the estate, all of which are enthusiastically tended by an unparalleled service staff. POSITANO, ITALY More than perhaps anywhere in the world, this place looks like it was lifted straight from a sappy romance novelist’s imagination. You and your partner can kick back on a balcony overlooking the entirety of this seaside town, taking in the century-old multicolored Italian architecture perched precariously on the verdant mountainside. Too small to accommodate swarms of tourists, it’s the

perfect place to while away the hours ambling from shop to shop, sampling the delicious local cuisine, and maybe taking a dip along the 300-meter beach. THE MALDIVES From a water villa smack dab in the midst of the glassy, ultra-blue Indian Ocean, you and your main squeeze can enjoy utter seclusion. Sip champagne in the shade of a palm overlooking an otherworldly sunset or get a little more adventurous, strap on a mask, and check out the abundant aquatic wildlife. Many hotels in the area even include access to an array of boats, perfect for your own private excursion along the mild waves. Of course, you could also always just stare, dumbfounded, into the horizon, wondering how such a place could actually exist on Earth.

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