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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
SEPTEMBER 2022
THOUSANDS OF TRUCKERS MAY LOSE THEIR LIVELIHOODS
BECAUSE OF AB5
Over 70,000 truck drivers are at risk of losing their jobs because of California Assembly Bill 5. Thousands of truckers protested at the ports recently in reaction to the new law. Many representatives signed an open letter to Governor Gavin Newsom, urging him to stop AB5 and prevent it from exponentially crippling our supply chain and reducing the number of truckers on the road. But nothing has changed yet.
Truckers did not, so many of them won’t be able to put food on the table, pay their expenses, or make a living.
We represent ALL truckers — both independent contractors and employees. We support the freedom of truckers to choose whether they are an employee or independent contractor. Many of our clients became truck drivers because they loved the independence of owning their trucks, being able to turn down or accept loads, and working as hard as they want within the safety regulations. These reasons are a point of pride for them — and it’s now being threatened. Our clients include large numbers of veterans, immigrants, and family owner-operators who see their truck as the source of income that keeps their families independent and financially successful. These clients don’t want to work for anyone else — they chose this nomadic life because they love their independence. We support them, and America should support them because truckers are needed more than ever in this time of inflation. Taking tens of thousands of truckers off the roads in California will increase the cost of food and other goods for everyone across the board. Drivers should be able to choose whether they will work for someone else or work independently as an owner-operator — it’s the American Dream. But California has, so far, refused to allow them to live that dream and insists they go into another line of work or be an employee of someone else. Paul and I are upset that truckers are not being treated fairly in California. We are watching this issue carefully. While we can’t solve every issue, what we can do is work hard to provide you good information and fight in court to keep your record clean.
AB5 was initially passed in 2019, but an injunction prevented the law from being enforced until the U.S. Supreme Court passed on hearing the case in June. Now, California is implementing this law, which severely impacts independent contractors. AB5 uses the “ABC Test” to determine if a worker is an employee or an independent contractor. According to the California Trucking Association, the test has three parts. “1) The worker is free from the control and direction of the hiring entity in connection with the performance of the work. 2) The worker performs work outside the usual course of the hiring entity’s business. 3) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.” California Trucking Association argues that this test sets an impossible standard for truckers to be considered independent contractors, putting thousands of truckers at risk of losing their careers and livelihoods. Although the law affected Uber and Lyft drivers and other motor carriers, they all received exemptions. “Drivers should be able to choose whether they will work for someone else or work independently as an owner-operator — it’s the American dream.”
–Mark Bigger
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THIS BELGIAN MALINOIS NEEDS A CAPE EVA’S STAND-OFF WITH A MOUNTAIN LION
A commonly uttered phrase among dog lovers is that we don’t deserve them. This comes from the fact that dogs often give their all to protect their owners, even if that means putting their own lives at risk. Dogs seem to be instinctively wired to protect their humans — and it’s more proof they really are our best friends. In May 2022, Erin Wilson pulled off at a roadside picnic area and headed down a path toward the Trinity River in California with her Belgian Malinois, Eva. As Wilson walked down the slope, the dog ran ahead. Suddenly, Wilson turned around and realized she was being cornered by a mountain lion. These attacks are incredibly rare due to the mountain lion’s reclusive and shy nature. In fact, since 1890, California has recorded only six fatal mountain lion attacks. However, recent drought conditions have made
The mountain lion growled and took a swipe at Wilson’s left shoulder. As it lunged at her, Wilson screamed and shouted for Eva. At the distressed call of her owner, the dog came running back to Wilson’s aid. Without hesitation, Eva leapt between Wilson and tackled the wild cat. During the short tussle, the mountain lion managed to get its jaws around Eva’s head, but Wilson fought to free her dog by throwing rocks in an attempt to break its hold. When that didn’t work, she ran back to her truck and managed to wave down a passing motorist. With their combined efforts — and a crowbar and lots
of pepper spray — they were able to scare the mountain lion away. Wilson, though wounded, managed to carry Eva back to her truck and raced her to an animal hospital. Unfortunately, while Eva survived the initial attack, she passed away due to her injuries on June 8, 2022. Wilson said she would do anything for her dog, and that day, Eva proved she had done the same for Wilson.
food scarce in some areas. Their preferred prey is deer, but these conditions probably made the sudden appearance of a slender woman look like an attractive option.
IT’S FOR THE SAFETY OF YOU AND OTHERS Why Can’t Big Trucks Use the Third Lane?
As you travel across the highway, you may notice signs that read “No Trucks In Left Lane” or “All Trucks Use Right Two Lanes.” You only see these signs while traveling on a road with more than three travel lanes moving in the same direction. Truckers aren’t allowed to use the farthest left-hand lanes and are only allowed to use the first two right-hand lanes, according to the CA Vehicle Code. Here is what you need to know about a third lane violation. WHY AREN’T BIG TRUCKS ALLOWED IN THE FARTHEST LEFT TWO LANES? The left lane is used for faster-moving traffic. Unless a speed limit sign states otherwise, the maximum speed for all trucks on highways with at least two lanes moving in the same direction is 55 mph. Since trucks move slower than most cars, they cannot drive in the left lane on multiple-lane highways. Now we should take a moment here to point out that California has the largest difference between truck and regular automobile speed limits in the west. It really doesn’t make sense, but that is the law. The speed differential makes it unsafe for truckers to drive in the third or farthest two left-hand lanes. We also know many drivers out there will not hesitate to risk their life by passing trucks on the
left. California puts most of the duty on truck drivers to avoid this scenario and tells them to stay right.
WHAT ARE THE PENALTIES? If a law enforcement officer catches
you in the third or farthest two left-hand lanes, you could receive a ticket with a fine of $238 and one-and-a-half negligent operator treatment system (NOTS) points. Although the penalties may seem small, the consequences could be significant. When you receive NOTS points, the DMV assesses them and all the information is stored in the driver’s motor vehicle record (MVR). Then, the MVR is sent to your employer. The Department of Transportation’s Federal Motor Carrier Safety Administration (DOT FMCSA) is also notified of your violation. You could have severe consequences from your employers or the DOT FMCSA if you receive a violation. Therefore, you shouldn’t face this conviction alone. Contact Bigger & Harman for assistance. We can look at your violation and see if we can change or lower the penalties. We understand you need to keep driving. So, allow us to help you during this time to keep you on the road longer.
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INTERNATIONAL JUSTICE MISSION Thanks to your 59 referrals, we were able to donate $1,180 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.
I WAS CAUGHT SPEEDING IN MY PERSONAL VEHICLE Does This Affect My CDLs? If you’re speeding in your commercial vehicle, the penalties are harsher, leading to revocations. But do these same penalties apply to CDL holders driving their personal vehicles? While both can lead to license suspension, there is a difference between speeding tickets depending on which vehicle you’re driving. Here is everything you need to know. SPEEDING VIOLATIONS IN COMMERCIAL VEHICLES Although driving 15 mph over the speed limit is a minor infraction for non-CDL holders, it’s a serious violation for professional drivers. If caught speeding in your commercial vehicle, you could face consequences from the state of California and the Federal Motor Carrier Safety Administration (FMCSA). Luckily, there is no suspension for your first serious infraction. However, a second serious violation within three years of your first infraction will result in a 60-day CDL revocation. A third serious offense within those three years will increase your CDL revocation to 120 days. SPEEDING VIOLATIONS IN PERSONAL VEHICLES Receiving a CDL revocation on a personal vehicle is less strict. But some employers will still hold it against you and your personal insurance will almost certainly go up. Also, even though you are allowed to take traffic school for violations in your personal vehicle, the offense still stays on your record. That means your insurance rates could still go up and your employer would still know about your violation even though no points were assessed against your record. Unlike regular drivers, professional drivers are held to a higher standard. Negligent operator treatment system (NOTS) points are intensified for commercial drivers. Instead of receiving one point for a minor infraction, CDL holders will receive one-and-a-half points. There are different levels to NOTS points that have different penalties with various severities. Contact Bigger & Harman to learn more about the NOTS system and how collecting points can affect you. Please call us if you have any questions about receiving a speeding ticket in your personal or commercial vehicle. We will be happy to assist you. Did you recently get a speeding ticket? We can speak on your behalf in court so you don’t have to! We understand that you need to be on the road, so allow us to help you during this time.
“Trust in the Lord with all your heart and lean not on your own understanding; in all your ways submit to Him, and He will make your paths straight.” –PROVERBS 3:5-6
(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
We Stand Behind ALL Truckers......................... PAGE 1
A Dog’s Loyalty Has No Limit............................. PAGE 2
The Consequences Are More Severe Than You Think....................................................... PAGE 2
Professional Drivers Are Held to a Higher Standard.................................................... PAGE 3
DIY Fall Scavenger Hunt for the Family........... 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!
EXPLORE WHAT AUTUMN OFFERS READY, SET, SCAVENGE!
FALL COLOR WHEEL The best way to explore
As the leaves begin to fall and the air becomes cooler, it is a sure sign that summer is slowly coming to an end. Though we will miss the pool parties and backyard barbecues, there is still lots to look forward to during fall. Autumn is known as the season of change, and getting the kids outside allows them to understand and explore the changes going on in the world around them. Creating a fall scavenger hunt is a great way for kids to practice their reading and observation skills, all while still enjoying the outdoors. SIGNS OF FALL Creating a specific scavenger hunt for signs of autumn is a great way to enhance your child’s observation skills. Consider the following for your signs of fall hunt: 1. Leaves that have changed colors 2. Tree seeds or pine cones that have fallen to the ground 3. Items from a fall harvest (like pumpkins, sunflowers, or hay bales) 4. Changes among people’s apparel (such as jackets, hats, and scarves) 5. Animals hibernating or migrating
autumn’s colors is by creating a fall color wheel hunt! Since the leaves are the surest signs of fall, kids can compare and contrast the different colors of each leaf they find, making this a fun hands-on activity.
You can either download a color wheel template from the internet or make one
yourself! All you need is a piece of paper that’s big enough for kids to tape the leaves onto and different areas for the colors red, yellow, orange, and brown. This will help kids see the different kinds of leaves as well as their visual changes during the season.
The weather is getting colder, but it doesn’t mean you have to hibernate too! Bundle up with a cozy sweater and beanie, and encourage the family to get outside to explore all of the wonderful changes autumn has to offer.
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