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05/23
THE MOTTLEY CREW REVIEW
www.MottleyLawFirm.com | (804) 823-2011
HOW I ENSURE MY CLIENTS GET A FAIR TRIAL
IT ONLY TAKES 20 MINUTES!
Warning: If you’re not a trial lawyer, what I’m about to say might shock you.
Maybe Juror A has seen motorcyclists behaving recklessly on the highway, weaving in and out of traffic at 70 mph. Now, that’s the image that comes to mind when they think “motorcycle”! Maybe Juror B knows several people who have died in motorcycle accidents and now believes they are so dangerous that only reckless people drive them. Both of these people have the potential to be poor jurors because their preconceived notions would change how they see my client. They might unconsciously assume he’s guilty before even hearing the evidence. We’d be starting the case with “one foot in the grave” so to speak. This is where jury selection comes in. It allows me to step up in front of the crowd of potential jurors and say something like this to them: “Ladies and gentlemen, many people see motorcyclists and think, ‘That person must be crazy to be on this highway!’ Many Virginians make assumptions about motorcyclists, and I’m concerned that if one of you has those feelings, they could influence our case. Now, please be honest with me. If you have negative feelings about motorcyclists, even in the slightest, please raise your hand.” From there, I can have one-on-one conversations with people who raised their hands and get to know them a little bit to see how entrenched their feelings are. If they are biased to such a degree that it impacts their ability to be impartial, then I have a shot at successfully having the judge remove them from the panel. Or, I can use one of my “preemptory strikes” to dismiss a specific person. (Preemptory strikes allow each lawyer to strike a certain number of people from the jury without explanation. Typically, the plaintiff and the defense may get three strikes each.) During jury selection, I try to be upfront and honest with my potential jurors. Sometimes, I ask more subtle questions to reveal bias, but I never try to trick or confuse jurors into a confession — despite what you may see lawyers do on TV. That is not a good way to start off with strangers. Jury selection is critical for a fair trial, especially for bikers and cyclists, but many judges only allow 15–20 minutes for the process. That means I must choose my questions carefully and act quickly to secure the best jury for my clients. If you come to me for help with a personal injury case, estate dispute, or business dispute — or send a friend or family member my way — I’ll put all of my expertise to work to ensure a fair trial for you.
The secret to a fair trial isn’t a crystal-clear opening statement, a compelling closing argument, or even rock-solid evidence. Instead, it’s success in a process that happens before the legal battle even starts: jury selection. As I write this, I am currently getting ready for a weeklong trial in federal court this month. What am I spending most of my time worrying about? Getting a fair trial. And that means ensuring the people who will decide it are not biased. I’m aware that for non-lawyers, choosing a jury probably seems like the most boring thing in the world. But a successful jury selection can make the difference between a big win or a tragic loss in court for someone with a traumatic brain injury, spinal cord injury, or other catastrophic injury. The jury selection process, which is called “voir dire,” enables a lawyer to search for bias among potential jurors. I can ask questions of them, probe into their thoughts and opinions, and uncover things that could influence their view of my case. Let me assure you, this is the hardest part of trying a big case. You’re basically trying to make value judgments about people in a matter of minutes based largely on your intuition and “gut” feelings. This month is Motorcycle Safety Awareness Month. So, let’s use the following as an example. Imagine I’m representing a motorcyclist seriously injured in a car crash. My client did nothing wrong — they weren’t negligent and didn’t cause the collision— but the odds are many jurors will still be biased against them.
–Kevin Mottley
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THE AGELESS BENEFITS OF YOGA HOW SENIORS ARE FINDING NEW VITALITY For many seniors, maintaining an active lifestyle can be a challenge. Your body might not be as flexible as it once was, and new pains or discomforts seem to appear out of nowhere as time passes. This change can be problematic and will require some adjustment on your part, especially if you’ve lived an active lifestyle. Thankfully, there are some activities you can do to help you stay active, like yoga! You might think that yoga is just for young people, but that’s not the case at all! Yoga is a low-impact exercise that can be modified to suit a wide range of abilities, making it accessible to people of all ages. There is no expectation of perfection, as each individual is encouraged to listen to their own body and move at a comfortable pace. So even if you have health limitations or concerns, yoga is a safe and pleasant activity. Plus, you’ll gain a host of benefits from participating. By holding poses and moving through sequences, yoga helps to lengthen and stretch muscles, increasing the range of motion and reducing stiffness. You’ll also build muscle strength, particularly in your core. Your balance and posture will improve, which will help lessen physical discomfort and reduce your risk of falls. In addition to physical benefits, yoga is also mentally stimulating. The practice of yoga can help reduce stress, anxiety, and depression. By incorporating breathing techniques into their practice, seniors can improve cognitive function and memory. There’s also a social aspect involved. Many yoga studios offer classes specifically for seniors, which can provide a supportive and welcoming environment for everyone to practice together. It’s a great way to meet new people and have fun while staying active.
There are advantages for people of all ages to practice yoga. If you’ve been interested in trying this activity for a while, now is the time to get out and get involved. You may be surprised by how much you enjoy it!
Is Your Family Riding Legally? VIRGINIA HELMET LAWS FOR BIKERS AND CYCLISTS
For Bicyclists Virginia doesn’t have a statewide law requiring all cyclists to wear helmets. However, you are legally
Let’s be honest: Nobody likes helmets. They’re sweaty, uncomfortable, and totally mess up your hairdo. However, helmets are also lifesaving gear for everyone who rides a bike or a motorcycle. If you go on a ride without one and end up in a crash, you’re 40% more likely to die from a fatal brain injury than a helmeted rider. Here in Virginia, wearing a helmet is more than just common sense — it’s also the law of the land. Here’s a quick rundown of our state’s helmet requirements for motorcycle riders and bicyclists. For Motorcycle Riders Helmets are legally required for motorcyclists in our state. Specifically, the Virginia Department of Motor Vehicles says that “motorcyclists and their passengers must wear an approved motorcycle helmet that meets or exceeds the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation.” Visit NHTSA.gov/motorcycle-safety and click “Choose the Right Helmet Before You Hit the Road” to learn about the Department of Transportation’s standards. You can also talk to the folks at your favorite motorcycle supply store — they’ll know which helmets follow the rules. Just remember that whether you’re making a cross-state trip or taking a friend on their first short ride around the block, everyone on your bike must helmet up.
required to wear one if you ride an electric bike — specifically, a Class 3 electric power-assisted
bicycle. Some towns, cities, and counties also require kids to wear helmets “whenever riding or being carried on a bicycle on any highway, sidewalk, or public bicycle path,” according to the Virginia Department of Transportation.
Bike laws covering kids vary from location to location, so check the local rules where you live and vacation. In Virginia Beach, for example, kids 14 and under have to wear helmets. But Kilmarnock requires helmets for kids 16 or younger. To be safe from the law and brain injuries, we recommend requiring your whole family to wear helmets no matter where you bike. –Kevin Mottley
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SUDOKU
IT’S TRUE: ROAD RAGE CAN LEAD TO ATTEMPTED MURDER!
SOLUTION
Stay Safe From Anger With These Tips
On Sept. 7, 2022, an angry driver near Mountain Road in Richmond pulled out a gun and turned it on another vehicle. Bang! He blasted the car with multiple bullets, nearly killing the person behind the wheel. It was one of the scariest road rage incidents our community has seen recently. Fortunately, police caught up with the gunman in Montana and arrested him, but the lingering fear of road rage remains. According to Safe Motorist, “66% of traffic fatalities are caused by aggressive driving,” and 37% of road rage encounters lead to a confrontation at gunpoint. We doubt you would ever threaten a fellow driver with a gun, but even the smallest act of annoyance could spur another driver to violence. Kevin has personally seen folks risk life and limb to chase each other down after a slight! That’s why he recommends using these tricks to quell your annoyance before it ramps up. 1. When your anger spikes, count to 10. This simple strategy will help you calm your heart rate, focus on your breathing, and regain control. 2. Never escalate. If someone cuts you off, blows their horn in your direction, or flips you the bird, swallow your annoyance and continue on with your life. The moment of satisfaction you’ll get from honking back or tailgating in retaliation isn’t worth the risk if they have a gun and a temper. 3. Avoid driving when your emotions are running high. Don’t blow off steam after a disagreement with someone, or after being “hot.” Instead, take time to calm down before hitting the road so you can behave rationally and kindly. In addition to mastering your feelings, you can avoid getting tangled up in a road rage incident by abiding by traffic laws (no tailgating!) and steering clear of aggressive drivers on the road. If you see a car weaving in and out of traffic, blasting its horn, and revving its engine, stay far away. Change lanes or even take an alternate route to your destination. It’s better to be late than riddled with bullets!
SALMON CROQUETTES WITH DILL SAUCE
INGREDIENTS
• 1 1/2 cups plain yogurt or fat- free sour cream • 1/4 cup Dijon mustard • 6 sprigs fresh dill, chopped • 2 14.75-oz cans salmon packed in water • 4 celery stalks, finely chopped
• 1 large white onion, finely chopped • 4 large eggs, beaten • 1/2 tbsp salt
• 1 tbsp pepper • 2 tbsp olive oil
DIRECTIONS
1. In a small bowl, whisk together yogurt, Dijon mustard, and dill to make the dill sauce. Set aside. 2. Drain the salmon, then remove and discard the bones and skin. In a large bowl, mix the salmon, celery, onion, eggs, salt, and pepper. Form the mixture into 8 patties. Coat a medium skillet with olive oil and heat it over medium-high heat. Cook the patties until browned on both sides, about 5 minutes per side. 3. Put a dollop of the dill sauce on top of each patty and serve.
Inspired by Epicurious.com
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INSIDE THIS ISSUE
www.MottleyLawFirm.com | (804) 823-2011
1
The Key to a Fair and Successful Trial
2
Healthy Aging Through Yoga
Helmet Laws Every Virginian Should Know
3
How to Avoid Murderous Road Rage Salmon Croquettes With Dill Sauce
4
Host an Unforgettable Murder Mystery Dinner
HOST A MURDER MYSTERY DINNER! THE BEST WAY TO CELEBRATE MYSTERY MONTH
Did you know May is Mystery Month? There are dozens of ways to celebrate this enigmatic occasion, from playing Clue to rewatching “Glass Onion” — but why not bring those experiences to life and host your own murder mystery dinner at home? Thanks to a plethora of kits on the market, doing so is easier than ever! What is a murder mystery dinner? A murder mystery dinner is essentially a real-life game of Clue. You invite friends over for dinner and turn your home into the set of “Knives Out” — without the blood, of course. Each of your friends takes on the persona of a character in the story, and when one of them is “murdered,” you compete to uncover who dunnit. Step 1: Pick your kit. Planning a murder mystery dinner from scratch would take the ingenuity of Sir Arthur Conan Doyle. Luckily, you have several ready- made mysteries to choose from! You can find boxes from Masters of Mystery and My
Mystery Party at your local board game store, but you can find many options available online, too. Night of Mystery (NightOfMystery.com), for example, sells both in-person and virtual kits with themes ranging from ‘80s prom to Christmas homicide.
for six, eight, or more! Check the number of players on your kit and invite your most creative, analytical, theatrical, and mystery- loving friends.
Step 3: Decorate and plan the menu.
If your friends and family don’t like the idea of acting and dressing up, that’s okay — you can still solve
If you choose a themed murder mystery, level up your event with a matching menu and decor! For games taking place in
a mystery over dinner! Look into kits available through Unsolved Case Files (UnsolvedCaseFiles. com) or Hunt A Killer (Shop. HuntAKiller.com), which involve collaborative mystery- solving without the character work.
England, whip up a shepherd’s pie and make a cardboard cutout of Big Ben. For Havana Nights, plan a build-your-own Cubano bar and throw on an Afro-Cuban playlist. You can be as over-the-top as you like. Remember, it’s Mystery Month!
Step 2: Curate your guest list. Most murder mystery dinners require at least four people, while some include characters
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