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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 AVOID DISTRACTED DRIVING! Cellphone Use Is a High Stakes Gamble The next time you’re pulling onto a street or highway, we have some legal advice for you: Put your cellphone down. The landscape in California is riskier for drivers since the state recently increased penalties for cellphone use while driving. The change raises the stakes for repeat offenders, especially those who drive for a living. In recognition of April as Distracted Driving Awareness Month, this is a good time to review those changes and explain the risks. State law requires drivers to control their cellphones by voice commands only. The phone must be designed to respond to hands-free operation and placed where it doesn’t block the driver’s view of the road or require them to look away from the road to see it. Drivers are allowed one swipe to activate or turn off the phone. Use more than one swipe, and you have broken the law. New rules enacted in 2021 increase the risks for cellphone users by imposing points on offenders’ licenses for a second offense. Some drivers brush off a first offense because no demerit points are imposed at this stage. However, fighting these citations is more important now. A commercial driver’s license holder who receives two violations within a three-year period gets 1 1/2 demerit points and a 60-day commercial license disqualification. These penalties would prevent our clients who are professional truck drivers from working for two months, putting their livelihoods at risk. We often defend clients accused of cellphone violations, and police officers conduct surveillance designed specifically to spot cellphone use. They park at a certain spot on a highway entrance ramp that enables them to see straight into the cabs of truckers passing by and to note whether they are handling their cellphones. We represent many drivers each month who have been cited by officers who use this strategy. California’s cellphone rules are easier for police to enforce than an outright ban on talking on the phone. Providing evidence that a driver swiped a cellphone more than once is more straightforward than proving they had their cellphone up to their ear or that their lips were moving. Even if you only handle your phone to glance at your GPS app or simply check the time while you move it from the seat to a side pocket, you may be ticketed. The
APRIL 2024
only exception is if the driver uses the phone to make a call to a law enforcement, fire protection, or medical services agency for emergency services. Leaving your cellphone in the dashboard mount or cradle will help you avoid 99% of potential violations, especially when it is mounted near the center console or dash. California’s rules are part of a nationwide effort to reduce distracted driving. Federal data show that more than 3,500 people were killed as a result of distracted driving in 2021. Texting, talking, and social media use are the most common distractions. Fifteen states have banned all drivers from handheld phone use, and texting and driving is prohibited for drivers in all but three states. Adjusting the radio or GPS, applying makeup, eating, or drinking are other common distractions. If you have been ticketed for an alleged traffic violation, our dedicated professionals are ready to defend your rights and support you through the process. Call 661-349-9300 to schedule a consultation. We will advise you of your rights and make your best interests our top priority.
–Paul Harman
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A CAT’S NOSE KNOWS
In a heartwarming tale of courage and resilience, a pit bull named Kilo defied the odds after being shot in the head while bravely protecting his owner. The incident unfolded when an intruder invaded Kilo’s home. In a shocking turn of events, Kilo’s instinct to shield his owner led to a life-threatening injury, but “Super Pitty” survived, capturing many hearts, too. One Saturday evening 12 years ago on Staten Island, a gunman posing as a FedEx deliveryman rang the doorbell of Kilo’s home. He didn’t wait long before he pushed his way into the apartment. Kilo’s human, Justin Becker, told CBS, “He barged in. My first reaction after seeing the gun was to push him out, so I pushed him to the door.” Becker’s girlfriend, Nicole Percoco, had been holding Kilo during this encounter and let him go. Kilo jumped into action, fighting back against the invader, unfortunately getting shot in the fight. Luckily, the bullet just missed Kilo’s skull, entering and exiting right under his ears, said Dr. Gregory L. Panarello, the medical director of South Shore Animal Hospital. After a 40-minute surgery to remove bullet fragments, he was patched up and even given a superhero insignia on his bandage. Three days later, Kilo was up and going on every dog’s favorite pastime: walkies. Kilo’s story is a powerful reminder of the indomitable spirit of canine companions and the strength of their love for us. Even 12 years later, Super Pitty Kilo’s story still spreads love and happiness. Give your pet an extra cuddle tonight so they know just how much you love them!
KILO’S AMAZING BRAVERY AND SURVIVAL
Savvy Legal Help Keeps Truck Drivers Rolling ROAD WARRIORS’ SHIELD
No one likes getting traffic tickets, but for commercial truck drivers, they’re a career threat. Knowing what to do if you receive a ticket is essential to improve your chances of having the ticket dismissed or the penalty reduced.
attorney will know which arguments work and which ones don’t. That helps them obtain the best possible results.
Here are some common myths about fighting tickets — mistaken beliefs that can hurt your chances of acquittal.
SMALL ERRORS OF FACT WILL FORCE DISMISSAL. Judges seldom throw out traffic
PAYING THE FINE WILL MAKE IT GO AWAY. The opposite is true. Paying a ticket can amount to an admission of guilt, tarnishing your record. This path risks accumulating points on your license at 1.5 times the rate of noncommercial drivers, depending on the nature of the charge. Both the state and the federal government keep data on commercial drivers’ license holders’ safety records, which can affect your future employability. Also, any guilty finding will raise your insurance premiums. YOU CAN FIGHT THE TICKET ON YOUR OWN. Don’t make the mistake of representing yourself. An experienced traffic ticket lawyer knows what legal defense strategies are likely to work. For example, you aren’t likely to win by asking a judge to take your word against that of a police officer. An experienced
tickets based on typos or other minor errors by an officer, such as writing your license plate information or name incorrectly. Such errors typically only matter if the mistake changes the likelihood that you were in violation — if, say, the speed limit at the address on the ticket is higher than the speed limit at the address where you were actually stopped and cited. We have extensive experience defending commercial truck drivers against all kinds of tickets. Don’t let yours escalate into a major issue! Our goal is to help you keep your license and minimize the impact on your livelihood. Should you encounter legal challenges, call 661-349-9300 to schedule your free consultation.
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Your Referrals Make a Difference! Thanks to your 105 referrals in March, we were able to donate $1600 to help fight human trafficking and lead medical missions. INTERNATIONAL JUSTICE MISSION To learn more about International Justice Mission and their mission to protect half a billion vulnerable people from exploitation, please go to IJM.org . MEDICAL MISSIONS OUTREACH To learn more about showing God’s love by providing quality medical treatment to some of the poorest people in the world, visit the Medical Missions Outreach home page at Medical-Outreach.com .
IGNORE LOG BOOK RULES AT YOUR OWN RISK
While high pay and travel opportunities lure many people into commercial trucking, the field also attracts recruits who want to control their own schedules and avoid direct supervision. Those independent-minded recruits, however, soon learn they can forget about gaining autonomy. Truckers in California are legally required not only to limit their driving time and take sustained rest breaks, but they also must comply with two different sets of rules for reporting this work data to safety officials. Those hauling freight within the state must comply with state rules. But crossing state lines or carrying cargo bound for an out-of-state destination change commercial truckers’ legal responsibilities, bringing federal rules into play. This is a major cause of confusion for drivers. The U.S. Department of Transportation has long required most truckers engaged in interstate commerce to use electronic logging devices (ELDs) that record a driver’s off-duty and on-duty time and report it to safety officials. In the past, truckers operating only within California could use paper log books. But now, in a rule that took effect Jan. 1, most intrastate truckers also must carry ELDs. Hours-of-service rules are designed to keep fatigued drivers off the highways, preventing them from putting in marathon workdays, covering extremely long distances in a single shift, or stringing together extended work shifts. They also mandate hours of rest between shifts. These requirements can be a headache for drivers, who must track hours of driving, miles driven, locations, hours of sleep, hours off duty, and cargo information. It is easy to make mistakes in calculating the number of days worked or changes in time zones. But failing to comply with log book requirements carries heavy penalties, putting drivers at risk of high fines and suspension of their driving privileges. If you are facing log book violation charges, let us help you mount an effective defense. Call us today at 661-349-9300 to schedule a consultation. Our dedicated professionals are ready to defend your rights and support you through the process. We will make your best interests our top priority.
“Now to him who is able to do immeasurably more than all we ask or imagine, according to his power that is at work within us.”
EPHESIANS 3:20
(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
The Rising Risks of Cellphone Use While Driving......................................................... PAGE 1
Protective Pup Takes a Bullet for His Owner — And Survives!...................................... PAGE 2
Fight Your Ticket With Skilled Legal Help..... PAGE 2
Navigating Complex Hours-of- Service Rules......................................................... PAGE 3
Self-Care Practices to Help You Thrive........... 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!
SELF-CARE TIPS FOR A HAPPIER AND HEALTHIER YOU
DREAM MORE Our bodies demand that we spend about a third of the day sleeping, and it does so for a reason. Almost every cell needs time to refresh and renew. But many people continue to shrug off sleep, which falls to the bottom of their priorities. Take the time to increase your sleep quality. It helps almost every part of your body, from brain to toe. To do so, implement positive sleep habits. Don’t watch TV before bed, keep your bedroom dark, and put your phone on “do not disturb.” INDULGE YOURSELF It’s all too easy to devote our lives to other people, but taking time for ourselves is essential. Some me-time lets you get some perspective through joy. Once a month, push the responsibilities away and spend the day doing what you love. If you want a spa day, get a massage. If you’d prefer to paint figurines in your basement, that’s all you. We spend most of our time in our heads, preoccupied with our thoughts and focused on our obligations. It’s not good for our mental health. The sheer weight of life is heavy on our shoulders and minds. Ease those worries and anxieties by putting the phone away, getting a good night’s sleep, and spending quality time with ourselves.
You matter. It’s an easy thing to forget with the overwhelming obligations and responsibilities most people have, but you matter. Everyone, including you, must practice self-care to ensure their happiness and peace of mind. DISCONNECT FROM TECHNOLOGY The connectivity provided by technology comes with several benefits, but they have just as many drawbacks.
Companies design phones to be addictive. Your brain releases a little dopamine whenever you get a notification, not unlike a slot machine. That’s why we constantly check our phones, even when they don’t ring or vibrate. Meanwhile, studies correlate heavy social media usage with profound feelings of loneliness and depression. Everyone needs to distance themselves from technology every so often. Try leaving your phone at home when you go outside or set a specific no-screen time. Better yet, dive into nature. Practice yoga in the park or hike through the woods and breathe in the fresh air instead of scrolling.
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