Biker and Motorcycle Lawyer Blog / Blawg

One June 13, 2009, one week before my 46th birthday, my fiancé drove me to my house to pick up my Harley Davidson Electra Glide so that I could ride it to our new home. Well, I decided to take a major detour so to say…… You know how it is :)

I heard that the Angeles Crest Highway to Wrightwood, which has been closed for basically the past 4-5 years was recently repaired and finally reopened.

This is one of my favorite runs of all time, and it is local. I thought that with the budget crisis in California, and the severity of how the road was washed out during storms many moons ago, that there was a possibility of never being able to do this run again in my lifetime. I have heard people spouting off about roads with twisties; well let them ride the Angeles Crest and tell me what they think!

I shot the below first person perspective video with my cell phone camera, a Samsung Memoir, in one hand, and holding on to the throttle with the other. I do not ever recommend anyone ever trying this or doing this at home. Although I am a motorcycle accident attorney and a biker lawyer, I have been riding motorcycles for over 30 years and let’s just say that I think I am a decent rider.

The beginning of the video shows some video of the staging area, a traditional stop before Newcomb’s Ranch, Newcomb’s Ranch, my secret spot at 8,000 feet above sea level, and then some kick ass first person riding footage. The end of the movie is kind of a surprise.

Tell me what you think!

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © 2009

Growing up here in Southern California, especially in the San Fernando Valley, and living many years in Hollywood, I could not help but being in the middle of the celebrity scene as a kid and as an adult. I am not going to sit here and talk about who I know, who I have hung out with, or who I have partied with. Let’s just say I am from here, and I grew up here. I have been right in the middle of the action so to say.

With that being said, it has been one hell of a shitty week for me, and fans all over the nation and the globe because this week we have lost 3 icons in the entertainment industry; Michael Jackson, Farrah Facett, and Ed McMahon. You can read things about each of them all over the Internet written by entertainment industry experts.

You may wonder why I am posting an article about three celebrities who have died, and that are seemingly unrelated to motorcycles or bikers here on the Biker Law Blog; it is simple, each of these three celebrities have touched me in some way in my life, and I offer my forum to pay tribute to each of them.

Michael Jackson, controversial as he was, was one hell of a singer and entertainer who transcended race. I remember as a kid listening to the Jackson 5, and his other musical hits later on. Yes I am into Rock & Roll, but I am also in to other music as well. Lot’s of entertainers try to emulate Michael Jackson, but let’s face it; no one has or will come close! CLICK HERE TO SEE AND HEAR MICHAEL JACKSON; ONE HELL OF AN ENTERTAINER.

Farrah Fawcett, well all I can say about her is that I was in love with her from the first moment I saw her poster. She was absolutely fine. I remember all of the San Fernando Valley Girls (Valley Girls) feathering their hair trying to emulate her. As a matter of fact, all of us dudes were doing the same thing in the 70’s. Hell my ex wife still feathers her hair the same way. Farrah was one hell of a female specimen who again has been emulated but will never be duplicated.

Ed McMahon was one funny dude. As a kid I grew up watching the Tonight Show. Obviously Johnny Carson was funny as hell, but Ed McMahon cracked me up. He was the unique sidekick that basically formed the other half of the tonight show. He was and is revered by millions.

It has been one horrible week here in Southern California. May our celebrities go with god.

By Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

DUBLIN – California

The driver of a white BMW 2004 linked to a hit-and-run accident Monday evening on northbound Interstate 680 has turned herself in, according to the California Highway Patrol.

Sobhanieh Mostakhdemin, 25, of San Mateo, turned herself in Wednesday afternoon at the CHP's Dublin office and was arrested on suspicion of reckless driving and leaving the scene of an accident that caused injury, CHP Officer Steve Creel said.

Motorcyclist Robert Demartino Jr., of Livermore, was hit Monday on northbound Interstate 680 near Sunol Boulevard in Pleasanton, Creel said.

Witnesses said the driver of a white BMW had been traveling at more than 100 mph, nearly colliding with several vehicles. The driver began closely following a 2005 Chevrolet SUV before a curve in the highway, and Demartino was just ahead on a 2007 Suzuki GSX-R750.

The BMW struck the motorcycle's rear wheel and Demartino was thrown to the pavement, where he hit his head, Creel said. Demartino was taken to Eden Medical Center in Castro Valley, where he is listed in stable condition.

The BMW struck both the SUV and Demartino's motorcycle, but only Demartino was injured, Creel said.

Creel credited two eyewitnesses with getting the BMW driver's license plate number, which he said led officers to Mostakhdemin.

This women should be put in prison for a long time. She is a danger to society and bikers!

Gilroy - California

An unidentified 40-year-old Gilroy male was killed Tuesday evening after colliding with an SUV and an unidentified pickup truck in a hit-and-run accident.

The accident happened around 5:50 p.m. on the corner of Watsonville Road and Redwood Retreat Road.

Silver 2005 Silver Toyota Tacoma TRD Sport SUV, driven by a 31-year-old Santa Cruz woman, was traveling southbound on Watsonville Road at an unknown rate of speed and attempted to turn right onto Redwood Retreat Road, according to the California Highway Patrol.

A silver and black 2008 Honda Interceptor motorcycle was stopped at the stop sign on Redwood Retreat Road with an unidentified white Nissan pickup behind the motorcycle at the stop sign. As the Tacoma made an unsafe turning movement, it failed to maintain its lead and crossed over the solid double yellow lines of eastbound Redwood Retreat Road, impacting the motorcycle head on and forcing the bike to crash into the front end of the pickup.

The driver of the motorcycle was pinned underneath the right side of the motorcycle and was pronounced dead at the scene by Santa Clara Count Fire Paramedics. The roadway of Watsonville Road and Redwood Retreat Road was partially obstructed for about two hours. Driving under the influence is not suspected, and no arrests have been made as of Wednesday morning.

Police are still looking for the pickup that left the scene. Anyone with any info can call the Hollister-Gilroy CHP office at 848-2324.

These are just a couple of the many motorcycle accidents that happen in the State of California, and that usually only the family, friends, victims, and medical workers know about. I am putting these accidents on the Biker Law Blog just to remind everyone that riding season is upon us.

People in cars must remember to watch out for bikers and motorcyclist. We have a right to share the road just like everyone else.

If you or a loved one has been in a motorcycle accident anywhere in the State of California, you may call us for a free consultation 7 days a week, 24 hours a day at 800-816-1529 ext. 1.

California Motorcycle Accident Lawyer

Well here I am again, another birthday, I am now 46 years old. I must admit, it seems like the birthdays come much faster now than they used to. I guess I can finally accept the fact that I am getting old.

I have heard the bullshit about how the new 40 is the old 30, and the new 50 is the old 40. I have also heard the bullshit about "you are as only old as how you feel."

Bottom line, I ain’t what I used to be at 30, and there is no getting my youth back. I do feel great, but I am still getting older, and no bullshit saying is going to change that, so I am going to make the best of it, I have no choice right.

Hell, I am probably in much better shape than most 46 year old men. I am clean and sober. I gained some weight when I quit smoking over a year and a half ago, which I have since lost. I am now down to the same weight that I was when I played High School Football at Chatsworth High School. I work out six days a week and do 50 minutes of cardio each of the six days. On the seventh day of rest I still walk 30 minutes. I also practice martial arts and do Tai Chi as well. God willing, my body will hold up, and I will continue to be able to work out, because working out makes me feel great and is a great stress reliever.

Looking back at the past, I am not going to bullshit you; I would change a lot if I could. Many people say they would not change a thing in their past because it is what made them who they are today. I think they are BS’ing themselves. In the end there is no going back and changing your past. All you can do is try to learn from your past mistakes so that you do not repeat them, and move on.

I have had one hell of a life so far. I grew up much faster than most people. You can read a little about my past by reading what I wrote on my 45 birthday by clicking here.

This past year has been excellent. God has been real good to me. There have been some rough spots, but all in all it has been a good year. I know the economy sucks and many people are hurting. My business has suffered as well this year. Happiness is much more then just money, it is your relationships with people that count.

As I contemplate beyond today, all I can say is that the future looks good. I am going to try to make each day that I have on earth day count for something. What really gets me off is helping people; that is why I became an attorney in the first place. God willing, I hope to help many people this year.

It is now June 20, 2009. I was born at 9:21pm, 46 years ago tonight. Another birthday has come and gone. I am hoping to have one hell of a good ride tomorrow with friends.

By California Motorcycle Accident and Biker Lawyer Norman Gregory Fernandez, Esq. © 2009

*** June 17, 2009 Update.

Billy Lane's plea of guilty to vehicular homicide was accepted by the Court last week. He will remain free until his next Court appearance on August 14, 2009, when he will be sentenced. It is said that he will probably avoid prison. Part of the plea deal mandates a lifetime suspension of his drivers license in Florida, however he could petition the Florida department of Highway Safety and Motor Vehicles for a hardship licence.

He faced up to 15 years in prison, however according to published reports his plea deal mitigates his maximum possible sentence to 9 years. He may also be sentenced to house arrest or probation.

In June 2002, motorcycle builder Billy Lane of Melbourne Beach, Florida was on top of the world. He sold custom-built motorcycles at $30,000 to $40,000 a piece. He gained fame and celebrity status through various reality TV shows. He was subsequently was invited as a featured guest to motorcycle shows and festivals all over the United States and beyond.

Now Billy Lane who is 39 years old, is facing up to nine years in prison on a single felony charge of vehicular homicide in connection with a Labor Day 2006 car crash that left a Gerry Morelock, a Melbourne Beach, Florida man, a motorcyclist, dead.

After several delays, Lane is expected in court Tuesday morning to change his not guilty plea to “no contest.” He would then be sentenced on Aug. 14, 2009, at 9:00am.

"We did get the written plea agreement in," defense attorney Greg Eisenmenger told several newspapers. "Based on my review of it, I don't anticipate any problems. I anticipate we are good to go Tuesday."

Lane was charged two years ago with one count of DUI manslaughter in connection with the 2006 traffic accident in which Gerry Morelock, 56, died.

Police said Lane's blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass slow traffic on State Road A1A south of Melbourne Beach, Florida. He crashed his Dodge pickup head on into Morelock's small Yamaha motorcycle on Sept. 4, 2006, police said.

In light of ongoing legal discussions over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove that Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter.

Both charges are second-degree felonies in the State of Florida, punishable by up to 15 years in prison.

But under the terms of the plea deal, Eisenmenger said prosecutors will drop the DUI manslaughter charge. Instead, they will seek a nine-year prison term for the vehicular homicide charge, a term Lane is eligible for under state sentencing guidelines when his prior criminal record is considered.

Eisenmenger will seek a sentence that calls for no time in prison. "We believe there are mitigating factors in this case. . . . And we're going to be presenting those to the court at sentencing," he said.

Since the crash, Lane's public persona has suffered, but he still seems to be popular at biker and motorcycle events.

A message on his motorcycle shop's Web site says the shop is closed to the public, though merchandise is available for purchase online. Court records indicate that Lane's Melbourne Beach, Florida home is going through foreclosure.

Lane reached a confidential out-of-court settlement on a wrongful death suit filed by Morelock's family. Also, records show that Erin Derrick, a 22-year-old woman who was in the car with Lane at the time of the crash, is suing him for injuries she says have rendered her unable to work.

If Billy Lane does change his plea to no contest tomorrow, I will comment more on this issue at that time. Everyone who reads the Biker Law Blog knows how I feel about people who kill bikers and motorcyclist.

California Biker Lawyer Norman Gregory Fernandez, Esq., 2009

I was reading a story whereby a 14-year-old girl from Woodacre, California was airlifted to an Oakland hospital Sunday afternoon after a collision between two off-road motorcycles in Novato.

The girl suffered head and internal injuries in an undeveloped lot near the junction of highways 101 and 37 and was flown to Oakland Children’s Hospital by helicopter, said Novato police Lt. Dave Jeffries. Her name has not been released because she is a minor.

The dirt bikes collided on a relatively flat trail at about 1 p.m., and Novato fire personnel arrived a few minutes later.

A 15-year-old male was on the other motorcycle and suffered a minor hand injury, He was not transported to a hospital, Jeffries said.

Fire Capt. Jeff Whittet said the girl was wearing a helmet but suffered moderate to severe injuries. She was conscious when rescuers treated her at the site.

“I would say they didn’t hit head-on but they crossed up their handlebars,” Whittet said.

The undeveloped Hanna Ranch site, about 4 1/2 acres just south of the Vintage Oaks shopping center, is popular with off-road motorcyclists. A 62,000-square-foot office complex has been approved there but construction has not begun.

The story got me thinking about some cases I have had involving off road motorcycles and other off road sports vehicles. It also got me thinking about a story my friend Scott told me about his son having multiple bad accidents on dirt bikes.

Most people do not realize that you can purchase insurance to protect yourself and your loved ones while they are riding off road vehicles such as dirt bikes, dune buggies, golf carts, snowmobiles, and all terrain vehicles. (ATV’s) as a matter of fact it would be dumb to engage in off road motor vehicle activities without insurance because to be frank, there are many off road motor vehicle accidents, but you never hear about them because they go unreported.

Most off road motor vehicle insurance policies cover: Collision, Liability, Medical, Safety Apparel Coverage for damage to any clothing designed to minimize damage from an accident, including helmets and goggles, Optional Equipment Coverage including towable trailers or sleds made for use with an ATV or snowmobile, and more. You pay to cover yourself in your street car, truck, or motorcycle; it only makes sense to protect yourself and your loved ones with off road vehicle insurance. You can find insurance companies providing this type of insurance all over the Internet. Do a search on Google, MSN Live, or Yahoo to find them.

Here are some basic off road safety tips. When You Ride the Trail, Put Safety First!

Think ahead.
Ask your local dealer about the laws and regulations in your area. Do your best to preserve the areas where you ride, and be sure that you only ride where off-road vehicles are permitted. Read your owner’s manual. Then make sure you take your manual, a small tool kit and essential spare parts with you whenever you ride.

Gear up.
For optimum protection in case of an accident, always wear a DOT-approved motorcycle helmet, eye protection, a sturdy jacket, long pants, over-the-ankle boots and gloves.

Practice.
Find a safe place to practice braking, turning and improving your reaction time to help improve your skills and make you a better – and safer – rider.

Learn more.
Improve your riding skills by taking a training course. Make sure your vehicle is properly licensed or registered. Choose a vehicle that is appropriate for your age and ability.

Stay off paved roads.
Remember that off-road vehicles are meant for operation off pavement and public roads. These surfaces may not only be illegal, but dangerous. Your off-road vehicle may be difficult to control on pavement, which could result in an accident.

Maintain control and stay sharp.
Keep your speed right for the conditions and your experience. Be aware of current terrain, visibility and weather conditions, potential hazards or obstacles. Ride only when your senses are sharp. Never do drugs or drink and then ride.

Check it out.
Be sure to check that your off-road vehicle is running properly before hitting the trail. Always check controls, lights, fuel and oil levels, switches, chain, driveshaft, tires and chassis before you head out. Follow the recommended service schedule for your off-road vehicle and be sure an authorized service provider makes all repairs.

Go it alone.
Never carry a passenger on your off-road vehicle unless the vehicle is designed with an appropriate passenger seat. Additional weight can greatly affect the handling of your off-road vehicle and potentially cause loss of control. It’s a good idea to take a buddy along, only on their own vehicle.

Know you’re protected>
Be sure you have proper insurance coverage to protect your vehicle and provide liability coverage in case someone gets injured or property is damaged during the use of your vehicle.

Off road motor sports can be very fun and exciting for the whole family. Exercising proper safety and insuring yourself against loss will make it that much better!

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009
www.thepersonalinjury.com

My office has been swamped with accident victims who are not at fault in motorcycle, car, truck and other motor vehicle accidents, yet had no liability insurance at the time of the accident.

In California if you drive a motor vehicle such as a car, motorcycle, truck, etc., without basic liability insurance, you are precluded from recovering general damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. (California Proposition 213)

In other words if you lose a leg, or become a quadriplegic, you will only be entitled to out of pocket expenses only if you drive without liability insurance. To add insult to injury, you could lose your license, have your car impounded, and face penalties from the State.

If you cannot afford liability insurance, there is a special program through the State of California to obtain cheap liability insurance. If you cannot get that, flat out don’t drive. It is not worth it.

My law firm is one of the few law firms that will represent accident victims throughout the State of California who did not have liability insurance at the time of the accident. We do not condone it, but we believe that everyone deserves a fair shake. We will do everything we can for you, even if you were an uninsured victim of a motor vehicle accident.

I am recommending that if you cannot afford liability insurance, you should use public transportation until you can. It is illegal to drive in the State of California without minimum liability insurance to cover you in case you are fault in an accident.

The flip side of the coin is that all California motorist should carry uninsured motorist coverage in an amount equal to what they would want to cover themselves for in case they are injured, to protect yourself from a person who is at fault in an accident against you, yet has no liability insurance.

Motorcycle riders should carry a minimum of $500,000.00, five hundred thousand dollars in uninsured motorist coverage because of the usually catastrophic injuries that result from motorcycle accidents.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

I wrote an article on July 6, 2008, about the Getback Whip, which you can read by clicking here now.

In the article I discussed the fact that the Getback Whip is not specifically made illegal by California Code, but that under certain circumstances, the use of a Getback Whip could be construed as a crime.

Since I wrote the article, I have been contacted by people who have been busted with the whip or whips, and have heard that certain prosecutors and law enforcement agencies throughout the State are busting people with Getback Whips by labeling them a “Slungshot” which is a prohibited weapon in the State of California.

A slung shot has been defined as a weight, as a stone or a piece of metal, fastened to a short strap, chain, or the like, and used as a weapon and is prohibited by California Penal Code §12020.

I have not heard the outcome of any of the Getback whip cases, but in my update to the original article, I have opined that you should not have a Getback Whip on your motorcycle in California until this issue gets resolved one way or another, or you risk being charged with a felony. (State Prison for a year or more)

Going one step further; in California Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. California Penal Code §245(a)(1).

Basically PC § 245(a)(1) can and is construed to make all types of instruments deadly weapons if they can and do produce great bodily injury. Under this statute, a hammer could be a deadly weapon, a wrench could be a deadly weapon, a screwdriver can be a deadly weapon, a flashlight can be a deadly weapon, and yes a Getback Whip can be a deadly weapon.

It is what you do with the instrument that counts.

Therefore in closing, I am again recommending that based upon the current climate in California, you should remove any Getback Whips from your motorcycle pending the outcome of the Courts decisions in these cases. In no circumstance other than Self Defense with reasonable force, should you use an instrument on someone else which is likely to produce great bodily harm.

Use common sense people.

By California Motorcycle Accident and Biker Lawyer, Norman Gregory Fernandez, Esq., © 2009

Today, Memorial Day, is a holiday wherein we Americans pay tribute to those who what fallen in the service of the United States of America.

Today is more than a paid holiday off of work; it is more than a day to drink beer and have a picnic; it is more than a shopping day for sales at your local mall; it is supposed to be a solemn day of tribute and remembrance of those who have given their lives in the service of the United States of America.

As I write this in the year 2009, young Americans are still at war and fighting and dying in Iraq and Afghanistan, may god bless them and keep them safe.

I know it is very easy to worry about the economy, home foreclosures, raising gas prices, love, job, or lack thereof, you favorite TV show, the NBA playoffs, etc. However, remember this, young Americans, the best and the brightest, are now at this time on this very day, giving their all for all of our freedom.

Take a moment today to pray for them, take some time today to give silence as tribute to them, and above all, look at something beautiful today for them, those blessed souls who gave their lives for us, for they can no longer see.

By Norman Gregory Fernandez, Esq., © 2009

** 6/2/09 Update: California State Senator Fran Pavley a few months ago made herself motorcycle public enemy number one in California after she introduced legislation that would have required smog checks for all motorcycles of model year 2000 or newer. The bill proposed to start enforcing the measure in 2012, but that has now been changed.

The proposal has been amended to authorize police officers to fine bikers who have removed catalytic converters, instead of requiring the emissions testing. The senate approved the amended bill which now goes to the state assembly. If it passes there, the Governors signature is all that will be needed to make it law..

In reality the cost of policing the original measure, in relation to the minuscule amount of pollution a motorcycle puts out, just did not make sense when the two factors were weighed out under the original plan.

So under the new proposal, the police will now be able stop and fine bikers with allegedly modified stock systems. This is worse then the smog bill proposal. How are we supposed to prove to a police officer that our smog system on the motorcycle has not been tampered with? This notion is absured and puts too much discrestion in Police officer hands.

Make sure you keep writing your state senators!

*** 5/27/09 Update: A California State Senator has informed me of the following: "Due to the fiscal costs associated with SB 435, it has been placed on the Senate Appropriations legislative suspense file." It appears that this bill has been placed on the shelf for now!

Well leave it to the California state legislature's to come up with another dumb idea that may cost many people their jobs, will have no significant impact on air-quality, can be easily skirted, and will serve as another way for the state to take our money through backend taxes.

Welcome to California State Senate Bill 435, (“SB 435”) our State lawmaker’s idiocy at its finest. You may think that as a Biker Lawyer I would embrace more laws; wrong, I embrace laws that are reasonable, not laws that are just meant to discriminate and unjustly tax a class of citizens. SB 435 is meant to do just that, unjustly tax and discriminate against Motorcycle riders and bikers. Don’t let anyone lead you to believe otherwise.

The proponents of SB 435 are selling the bill as a means to clean up California’s air and to ensure that motorcyclist and bikers do not modify their exhaust systems.

There are many problems with SB 435, namely; there are already laws that prohibit motorcyclist and bikers from modifying their exhaust. Therefore this bill is duplicative. Secondly, it is very easy for a motorcyclist or biker to simply put their stock exhaust pipes on for a smog test, and then remove them after the test. The bill is asinine. Thirdly, motorcycles make up a tiny fraction of gas powered motor vehicles on the road today. There is no valid evidence whatsoever that SB 435 will clean up the air at all. Hell if you want to clean up the air, why not force everyone to put catalytic converters over their cooking ovens and at restaurants? Actually I better not give the legislatures any ideas. They actually sit around on capital hill thinking up shit.

SB 435 is all about hype and further discriminating against motorcyclist and bikers.

With a State already in a budget crisis, the States plan under SB 435 would cost untold millions of dollars to implement, and ad an added tax by way of fees to motorcyclist and bikers who are already pay enough taxes. As the old saying goes, you cannot squeeze blood out of a turnip.

Every Californian who cares about freedom should contact their State Representative and give them a piece of your mind, and tell them to vote no on SB 435. Our State is in fiscal crisis, we certainly do not need any more regulation that will put people out of jobs, cost millions to implement, cost motorist more money in a back end tax, with no real benefit to the people of the State of California.

It is easier to prevent a dingbat scheme like this from being signed into law, then to reverse the law once it is put into place, as we all learned with helmet laws in the State. Therefore it is imperative that we fight this proposed Senate Bill Now!

What if the law is enacted? Simple, put your stock pipes back on for the smog test. I will not give advice on what do after the test!
I am sure that many of you have sold or given away your stock pipes. Bad move. You should at all costs keep your stock pipes now. Hell why pay another 500-600 bucks to get another set of stockers simply to pass a smog test.

Smog test or no smog test, they will not get rid of us motorcyclist and bikers just yet! I just prefer not to have to pay a back end tax based on a law that has no demonstrative results and is useless.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2009

I am going to post the actual news release from the Los Angeles Superior Court, and then write some comments below. Here is the news release:

NEWS
RELEASE
FOR IMMEDIATE RELEASE
Tuesday, May 19, 2009
Responding to Fiscal Emergency, Los Angeles Superior Court to Close One Day Per Month Action Takes Effect Wednesday, July 15, 2009 Some Limited Services To Be Maintained

Los Angeles Superior Court
Los Angeles County
www.lasuperiorcourt.org
Contact: Public Information Office 213-974-5227
Public Information Officer: Allan Parachini

Responding to the deepening statewide financial crisis, the Los Angeles Superior Court announced today that it will shut down nearly all of its operations and furlough employees one Wednesday per month, beginning July 15, 2009.

Implementation of the furlough plan, however, may not be enough to avert employee layoffs and, eventually, closure of entire courthouses if the budget climate does not improve markedly by the beginning of the 2011-2012 fiscal year. The one-day per month Court closure is expected to save $18 million per year.

The Court faces an estimated budget shortfall of nearly $90 million for the coming fiscal year—nearly double the amount in the most recent budget crisis that erupted in 2002, which ultimately resulted in closure of 29 courtrooms and layoffs of more than 150 employees.

Under a plan approved last week by the Court’s judicial leadership, if the fiscal situation continues to deteriorate, the jobs of a quarter of the Court’s 5,400 employees could be eliminated within the next four years. There would be reductions in courthouses and courtrooms in operation throughout the county.

“We face a serious crisis with immediate impacts that can be blunted, but not avoided,” said Presiding Judge Charles W. (Tim) McCoy. “We learned from our experiences of 2002 through 2004. Over the intervening years, we have accumulated modest reserves that will enable us to soften the pain of these cuts for at least the first year of the new crisis. Unfortunately, we anticipate this difficult budget environment will remain with us for four years.

“We cannot allow denial, false hope or wishful thinking to cause us to drift through the crisis. We should expect things will grow increasingly difficult before they begin to get better. We must, and will, remain masters of our own destiny to the extent possible.”

“The public must realize that the state’s fiscal situation means we cannot actually solve the budget crisis we face” said John A. Clarke, the Court’s executive officer/clerk. “The best we can do is to minimize the pain these cuts will inflict. No one—most of all the Court—is happy about this.” McCoy noted that today’s announcement of the effective closure of the entire court one day a month comes on an Election Day on which voters are deciding the fates of six budget-related ballot propositions.

“Even if all of these measures pass, there would be no discernable, immediate improvement in the Court budget situation,” McCoy said. “We know that reducing and eliminating court services will cause all of our stakeholders—from customers with traffic tickets to lawyers with court dates—great inconvenience. Our objective is to give these constituencies as much time as possible to prepare for the furlough program when it begins on July 15. We know that every day of advance warning of these closures is important to our customers.”

State court leaders are also considering one-day-per-month furloughs and other steps to respond to the financial crisis. McCoy noted that the Los Angeles Superior Court plan is being implemented even though the Judicial Council of California has not yet announced any statewide court closure or furlough plan. “We are the largest and most complex court system in the United States,” McCoy said. “You cannot suddenly bring a system like ours to a halt. This must be orderly and planned and that takes time.”

Details of the Los Angeles Superior Court closure/furlough program include these:
--The court system will close on the third Wednesday of each month, affecting about 600 courtrooms and bench officers and more than 5,000 employees who work in 50 separate courthouse facilities.

--While most courthouses will be closed, some courthouses will necessarily continue to be open, with full security protection to serve the needs of county agencies like the District Attorney, Public Defender, Alternate Public Defender, Probation Department, City Attorney and Child Support Services Department, whose operations are located inside courthouses and are unaffected by the furlough. A few courthouses also house offices of the Los Angeles County Registrar/Recorder, which will also be unaffected. These non-court operations see thousands of customers per day and employ hundreds of people.

--Clerk’s offices, juror services and nearly all courtrooms will be shut down. Drop boxes will be in place to serve customers wishing to file court papers. --Judges will work, beginning today, on adjusting their calendars to postpone or move all scheduled court dates on affected Wednesdays for the entire fiscal year.

--A few designated courtrooms will also be available to handle emergency matters. --The limited number of employees required to work on closure days will be furloughed on other days.

--Supplementing these steps, the Court has imposed a so-called system-wide “hard”—or mandatory—hiring freeze.

--The Court will make $16 million in other ongoing expenditure reductions, largely by cutting services and supplies, restricting travel and other means.

Today’s announcement responds to a fiscal analysis that projects Court deficits in Los Angeles to total $89.9 million in FY 2009-10, rising to $118.3 million in FY 2012-13. These shortfalls amount to about 10 percent of the Court’s operating budget of more than $900 million per year.

Because nearly half of the Court’s funding is for specific statutory purposes, discretion in how and where to make cuts is very limited. Nearly 86 percent of the Court budget is for personnel. If the current situation remains unchanged, by the end of FY 2012-13, as many as 1,300 jobs—or 25 percent of the workforce—could be eliminated. Should that occur, entire courthouses would have to be closed and Court services massively scaled back.

McCoy emphasized, however, that no specific decisions about facility closures have been made—either in terms of timing or when such shutdowns might occur. Such drastic steps are unlikely to become necessary in FY 2009-10, but could have to be addressed as soon as sometime in late FY 2010-11 or early in the following fiscal year.

Although the Court anticipates beginning the 2009-2010 fiscal year with as much as $90 million in reserves, the overall fiscal plan must spread use of this money over an expected four-year crisis period. Depleting the surplus quickly might avert some immediate effects of the crisis, but future years would see even more dire cuts. The bulk of the reserve balance will, however, be utilized in the first two years in an effort to limit adverse impacts on the court system beyond those presently contemplated and, at the end of two years, leaving the court with a small annual balance and a far more adverse situation likely ahead.

Additional details of the closure plan will be posted on Court’s Web site, www.lasuperiorcourt.org. This information will be updated continuously. Customers should continue to check the Web site regularly for new postings.
###

OP Ed Begins Here: I must say that this is a very bad situation. The Los Angeles Superior Court is the largest and most complex Court system in the nation. This could be the beginning of some very bad times if things do not change fast. One day a month does not sound like much, but as a California Attorney, I can tell you that this will delay cases for significant amounts of time, especially civil cases. I hope a solution can be found to this soon!

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq.

To say that shit happens is an understatement. Sometimes an avalanche happens, which is what happened in my personal life this month.

My father suffered a second stroke a few weeks ago, which not only devastated him, but has kind of taken over my personal life over the last few weeks as well. Although he was released from the hospital a couple of days ago, it is obvious that his recovery will take quite a long time. I pray that my father makes a full and complete recovery as soon as possible. He knows I love him, and I am there for him.

One night after visiting my father at the hospital, I came home and looked at some old photo albums, and reminisced about the past. My dad used to be a big rig truck driver, and was a big strong tough man. I remember him bringing me to the gym when I was four years old, and showing me how to work out when as a teenager. We used to go to the gym all the time together. I remember my dad teaching me how to box at a young age, and taking me for my first karate lesson. My dad was always there for me when I played sports, he was always by my side. As an adult I have not been as close to my dad as I was when I was young, but when I needed his help, he was always there; I am going to do my best to change that while I still can, and be there for him as he now needs help.

A high school friend, and a fellow football player, at Chatsworth high school, "Dan Goldsmith," passed away this last week. Dan was a good friend of mine in high school, and one of my surfing buddies as well. Although as adults we were not as close to each other as we were in high school, we still kept in contact. Other friends of mine surfed with Dan less than two weeks ago, Dan is now gone. I send my prayers and condolences to his family. His father owns Rocket Messenger here at Chatsworth California, which is a company I use quite regularly.

Hearing about Dan's Goldsmiths untimely death, caused me to reminisce about his life, and the past. When we were in high school in the late 70s and early 80s, everyone had long hair, and rock 'n roll was the music we listened to. Growing up here the San Fernando Valley (S. F. V.) was an incredible experience. Weekend nights were spent at countless parties with live bands and kegs of beer, weekend days were spent surfing at Zuma Beach, Malibu beach, County line, Topanga, etc. They made movies about the valley scene back then. I actually lived it, and so did Dan. Chatsworth Chancellors baby.

Believe it or not when I was in high school, I had long blonde curly hair. (For some reason my hair got darker when I was in the Air Force) Dan Goldsmith also had long blonde curly hair in high school. We used to party hard, and we used to surf hard. Dan, if you can hear me, which I know you can, hang loose my brother. We will see each other again sometime in the future. Hopefully however, not too soon if you know what I mean.

This month has been a real lesson for me and what is important in life. You can spend your time chasing money, sweating the small shit, worrying about trivial things, etc. In the end, you cannot take your money to the grave. All that really matters is that you're a good person, and that you have good relationships with people.

By the California Motorcycle Accident and Biker Lawyer Norman Gregory Fernandez, © 2009

My fiancé and I visited Las Vegas last week for a little mini vacation. I was absolutely shocked at what I saw. Basically, Las Vegas was empty. There was still the ubiquitous building on the strip, and tourist walking on the strip, however, it was not the same.

The casinos were empty and basically dead, the slot machines were as dead as doornail's, the excitement that used to permeate the Las Vegas strip is gone. Hell, there is more excitement at the local casino in Temecula.

Before we went to Las Vegas, I heard that Las Vegas was the emptiest city in the country with respect to vacant houses. This report was confirmed when my fiancé and I went looking for a few houses for investment purposes. We actually saw a really nice three bedroom house that could be had for $69,000. The same house previously sold for around $300,000. Imagine, being able to buy a house for only $69,000.

Watching local news in our room, we heard reports about the Hooters Casino being able to make their payment and stay open, but other local businesses losing thousands of jobs. The doom and gloom of our economic crisis is certainly in the air Las Vegas.

On a good note, I observed many bikers and motorcyclist riding all types of motorcycles. Unfortunately, I was stuck in my cage for this trip. It always bums me out to see bikers, motorcyclists, and everything on two wheels passing me by while riding in my car. I guess you can't ride your motorcycle all the time.

At least I can say that I contributed to the Las Vegas economy; I dropped about $500 to the blackjack tables, and slot machines. My fiancé lost about the same amount of money.

This is one of the few  Las Vegas trips, where I was really happy to leave. The Las Vegas of old is gone. I am not that old, however, I can remember the good old days, going to Las Vegas, dressing up for a night on the town, and being treated like royalty at the Desert Inn. We did see a few people formally dressed at the Venetian; however it is all tank tops and shorts.

If you want to buy a really cheap house, go to Las Vegas, Nevada. However, I am not quite sure that Las Vegas Nevada is going to survive. Let's hope I am wrong!

By California motorcycle accident attorney Norman Gregory Fernandez, © 2009

Reckon y'all noticed some stuff being a bit different here eh? That's the idea behind upgrading of course. So I'm like ... I dunno ... 84.2 percent done. All I gotta still do is figure out what ain't right and make it right ;) I'm working on quite a few missing images - they'll all be back where they belong fairly soon. And something else but I got distracted by something shiny. Give it another day or so before you bring problems to the management okay? It's been a long strange trip so far and we still got a long way to go is the thing. No worries - it'll all work out.

Oh and all you registered folk will have to log in again. Sorry, but if I didn't make it make you log in again half of us would be fighting cookie problems till the cows came home, slept it off, and went out dancin' again.

OMG I almost forgot! I'm the so-called Super Guru EdB. I had me this crazy idea that if I could upgrade a biker lawyer blog and not get beat up or sued over how much I mess up then maybe I could do this sort of thing for like cash ya know? Or at least get a little link-love out of it (which is where y'all take the hint and visit my web and ... uh ... OMG another shiny thing!)

PS: the upgrade didn't happen this past weekend due to connectivity issues on my end and hosting problems on Norm's end. It happens ya know? All good though. All.Good.

My fiancé and I had a great time riding with some of my club brothers and friends Sunday. It was a great Sunday. A friend and I decided to take off and ride to Angeles Crest from Marina Del Rey.

We rode the 10 freeway, east, to the 110 north, to the 5 north, to the 2 north, headed toward the 210 and the Angeles Crest Highway.

Some idiot for some odd reason seemed to intentionally almost hit me from behind. Maybe he does not like bikers? It happened so fast, the only thing I could do is turn my head to give the guy a stare. I was wearing a full face modular helmet, with my sunglasses on underneath, but I am sure the way I zipped my head around this guy knew that I knew what he was doing.

Instead of backing off, he kept coming. Mind you, my friend and his old lady were behind the car at this point and could see everything. My old lady was riding shotgun on the seat behind me. I moved to the extreme left part of the lane to avoid being hit by this asshole.

He then proceeded to pass me “IN MY LANE.” I looked over and saw what I think was a Korean guy. He proceeded to “stare me down” while he was in my lane and I was in the extreme left portion of the lane.

I knew if I kept staring this guy down, he would have probably swerved over and taken my old lady and I out. This asshole basically assaulted us with a deadly weapon. I am quite positive that under the circumstances, I could have used deadly force against this asshole because he almost killed us, and he used his car as a deadly weapon against us.

I slowed down, and he accelerated and took off. I tried to get his license, but I could not. He was in a Black Lexus.

If any other bikers near the 5 and the Glendale Freeway have been the victim of an Asian guy driving a Black Lexus, let me know.

I have been riding motorcycles on public streets for around 28 years, and have never had such a bizarre incident happen to me before while riding. Especially when I have my old lady on the back of my motorcycle.

My fiancé and my friend probably do not realize how close this asshole came to taking us out. Lesson learned and reiterated; motorcycle v. car = motorcycle losing. Thank goodness, I kept a cool head and simply let this asshole pass.

My friend's old lady was not feeling well so they went home. My old lady and I ended up freezing our buts off on a ride up to 8,000 feet and Newcombs Ranch, for a late lunch next to their fireplace, alive to ride another day thank god!

By California Motorcycle Accident Lawyer, Norman Gregory Fernandez, © 2009

*** 3/16/09 Update: The Blog was not upgraded this weekend as planned due to technical difficulties. Just an FYI, the upgrade will be taking place anytime, so if you see some weird stuff on here, or the blog is down, you know why!

Well it is finally going to happen. Super Guru Ed B. is going to be upgrading the Biker Law Blog this weekend to a much more powerful version of the software that the blog runs on right now.

There will be immediate changes such as the background color of the side panel, hyperlinks will now be brown so they can be seen better. They will turn black after you visit them.

Instead of using Captcha spam protection which requires you to type in a bunch of characters that even I have a hard time seeing some time, you will now be asked to answer a simple question like what color is grass, etc., in order to post comments and to register. It should be much easier to now register and post comments.

I am going to add a form so you can register for my newsletter without you having to register for the blog, but it is good to do both if you want to keep up to date.

We have disabled trackbacks because they now basically obsolete and no one sees to be using them anymore.

There will be much more on the sidebar, you will be able to see at a glance some recent articles, and comments. You will be able to navigate better in you enter the blog via a permalink.

There will be static pages added to the blog from time to time as needed. Eventually, the Biker Law Blog will maybe become a biker portal with forums and all.

During the upgrade you may see some bizzare screens, or no screen. There may be some downtime. Rest assured, Ed B. will get us up this weekend. After that, I am going to have to learn the new version of the software for new posts. This is a substantial upgrade.

I am inviting all persons who want to have their articles published on the Biker Law Blog as guest authors to contact me. I would sure like to open this up the the biker community as a whole.

See you all after the upgrade!

California Motorcycle Accident Lawyer Norman Gregory Fernandez

Chatsworth, California –

American Suzuki Motor Corporation announced that an extraordinary safety defect in 2005 and 2006 GSX-R1000 model sport bikes has been causing cracking and breakage in the front wheel/fork assembly and behind and below the steering neck of the motorcycle. Frame fractures are serious safety defects that destabilize and otherwise adversely affect the handling and maneuvering characteristics of motorcycles so as to make it nearly impossible for even the most experienced and talented riders to avoid a catastrophic crash.

This is a urgent safety problem. If you have one of these motorcycles DO NOT RIDE IT. CALL YOUR LOCAL SUZUKI DEALER NOW. IF YOU HAVE BEEN INJURED DUE TO THIS DEFECT CALL US NOW AT 800-816-1529 EXT. 1.

The defect in the frame of the Suzuki GSX-R1000 sport bikes is so significant that it has caused the entire front steering assembly to completely separate from the body of the motorcycle while unsuspecting drivers were in the act of operating this dangerous machine! If you or a family member has sustained injury while operating one of these Suzuki sport bikes, call the our law office at (800) 816-1529 ext. 1, so that our experienced team of trial lawyers can help you pursue compensation for your harm.

Suzuki, perhaps unsurprisingly, has refused to take responsibility for manufacturing and selling such an incredibly defective sport bike. Suzuki Motor Corporation has instead attempted to point the finger at the purchasers and drivers of their motorcycles, claiming that the cracking and breaking of these frames is attributed to reckless drivers who engage in dangerous stunts and illegal driving activities which places an unusually high amount of stress on the frame of the motorcycle.

However, Suzuki has initiated a recall campaign as of late January, 2009, in which the company will either replace broken and cracked frames or retrofit affected bikes with a brace to minimize the potential for frame cracking and breakage. This massive recall covers more than 26,000 model year 2005 and 2006 GSX-R1000 motorcycles!

If you own or ride one of these Suzuki sport bikes, you should have already received a notification letter from Suzuki explaining the possible safety defects in the frame and requesting you to return your motorcycle to a Suzuki dealership as soon as possible. Suzuki also asked its individual dealerships to attempt to personally contact customers and inform them of the recall initiative. It is of the utmost importance for all owners of a recalled sport bike to trailer the motorcycle to a Suzuki retailer before any future operation of the bike is undertaken.

A word to the wise: Do not be fooled! The frames of the recalled GSX-R1000’s may have cracks that are so faint they are not visible to the naked eye. Even the slightest of hairline cracks can lead to partial or total separation of the frame while driving. Furthermore, frames that are currently defect free may, at any moment, sustain a crack or break which can cause you and your bike to become painfully familiar with the asphalt.

Under the rules governing this recall, Suzuki must abide by guidelines approved by the National Highway Traffic Safety Administration for inspecting and remedying the dangerous sport bikes. Specifically, if Suzuki does detect any sort of crack or breakage anywhere in the frame, the company must replace the frame with a new frame that is equipped with a reinforcement brace. In the event that Suzuki does not detect any damage to the frame, a reinforcement brace must be attached to the current bike frame using bolts and epoxy adhesive. In order to provide for the safety of yourself and others, it is critical that owners of 2005 and 2006 model year GSX-R1000’s take immediate action in response to Suzuki’s recall campaign!

Suzuki claims that the reinforcement brace is made of lightweight, slender aluminum that will not affect the appearance, handling or performance of your motorcycle. Additionally, the company is providing a five-year warranty covering the frame and brace, effective as of the date of the brace installation.

If you own a motorcycle that is covered by this recall initiative, the inspection and appropriate repair or replacement will be done free of charge. However, Suzuki has noted some forms of service and repair that will not be covered under the recall. For example, customers will have to shoulder the cost of repairs attributable to crashes or other similar incidents caused by the safety defect.

If a family member has died or you or a family member has been njured while operating a Suzuki GSX-R1000 sport bike, my law firm, The Law Offices of Norman Gregory Fernandez can see to it that your legal needs are fully and carefully represented, so that you can get the compensation you are entitled to. You may call our hotline at 800-816-1529 ext. 1 for a free consultation now.
Visit the links listed below to view the Suzuki Customer Notice and Consumer Affairs Information regarding Suzuki’s recall campaign.

http://www.suzukicycles.com/Recalls/pdf/GS_GSX_GSXR_192_WebsiteLetter.pdf

http://www.consumeraffairs.com/recalls04/2009/suzuki_gsx.html

By Defective Motorcycle Personal Injury Attorney

I went motorcycle riding yesterday with some of my brothers and a friend. My friend and I split off later and went to the Rock Store, and Neptune’s Net via a really nice twisty route that I know in the Santa Monica Mountains.

I have this new nifty touch screen phone called a Samsung Memoir that has an 8MP camera built in, with video capabilities.

Just for the heck of it, I decided to try out the video camera on the phone while cruising up the coast. I filmed from behind the dashboard of my Harley Davidson Electra Glide while riding. I then uploaded the video to YouTube. For those who have never ridden a Harley Davidson Electra Glide Motorcycle, this video kind of shows what it is like from a first person perspective.

The video came out fantastic, but the YouTube upload kind of sucks. Look at the videos below and tell me what you think.

More to come!

California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2009

**** 3-5-09 Update: I have found a super Guru to help with me upgrading the Engine, and possible making some cosmetic changes to the Blog. His name is Ed B. He has a plan. Therefore, the upgrade will be put off until we get everything ported over and working on his machine. Once that is done, he will do it on the Blog server!

Well the Biker Law Blog has become huge. We are getting well over 200k hits per month. It has become a force in the international biker community, and as such has out grown its capacity!

Therefore with great fear, I am going to allow the software that runs the Biker Law Blog to be upgraded to increase performance, and for me to be able to manage the extensive back end easier.

During the upgrade this evening the Blog will be down for a time. There is a chance that the customization that has been done on the blog might now work with the new software. If that is the case, the programmers will be working on porting over the customization to the new software standard. This would mean that the Blog could be down after hours while the programming is taking place. I could also allow a vanilla default template to be used while the this is being programmed.

We have backed up the site and the databases. I am going to ask them to back up again out of an abundance of caution, and also FTP all of the uncompressed files to a local computer as well. Unlike static websites, a Blog such as the Biker Law Blog runs on software that resides in a server.

If for some reason the upgrade does not work, I will have them downgrade and try again another night.

Wish up luck. Once the upgrade is done, the Biker Law Blog will be tricked out with new features and content! God willing we will not lose the entire thing.....chit!

California Motorcycle Accident Attorney Norman Gregory Fernandez

Best Buy may begin selling motorcycles at five West Coast stores this spring.

According to a report in Greentech Media, the CE chain will carry a $12,000 electric motorcycle in select West Coast stores starting in May, with Geek Squad workers possibly providing repair services in empty car A/V installation bays.

The bike, called Enertia, was developed by Brammo, an Oregon business that Best Buy’s venture capital arm invested in last year. The 7-year-old company said it designs and manufactures sustainable specialty vehicles and "performance products for the next generation of transportation."

CEO Craig Bramscher told attendees at the Pacific Crest Clean Technology Conference last week in San Francisco that Geek Squad agents will perform "level one" repairs on the bikes’ brakes, tires and electronics components, Greentech said. The latter include a built-in Web server, open-platform software applications and possible add-ons like on board cameras that could download images to travel blogs.

"What we're selling is a lot closer to consumer electronics than to transportation," Bramscher said.

The Enertia uses six lithium-phosphate battery modules that take about three hours to charge using a standard electrical outlet. The bike is highway legal with a 45-mile range and a maximum speed of 53 miles per hour, and the company is working on a two-seater model with a range of about 100 miles and a cruising speed of 75 miles per hour that may also be sold through Best Buy, Bramscher said.

I must admit, although I love to ride my Harley Davidson, I am intrigued by the thought of riding an electric motorcycle. I am sure it is super quiet, (which may be a negative safety issue) and should accelerate fast.

This particular model is probably intended as an around town motorcycle because it only has a range of 45 miles at a maximum of 53 miles per hour. I am sure in the future motorcycles such as this will get much more range, and go much faster.

What blows me away is that “The Geek Squad” will be servicing this thing? They are going to be doing brakes and tires? Well, it is what it is.

I look forward to hopefully testing one of these babies out. You can check out the Brammo website by clicking here.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2009

A new federal law bans the sale of off-road vehicles made for kids under 12, part of a broader measure aimed at preventing lead poisoning in children. This law, effective February 10, 2009, cracked down on the selling of those hazardous items.

Retailers say the law is overly broad and children have a minuscule risk of lead exposure from engine components and other parts of the vehicles.

The federal Consumer Product Safety Improvement Act, born amid outcries over children getting sick from lead components in toys imported from China, puts in place new strict standards for testing and safety in a wide range of toys used by children, including ATVs.

For now, all models must be pulled until tests can be developed to detect lead, or until industry advocates succeed in getting models exempted from the law.

That means retailers across the country are stuck with inventory sitting in their showrooms that they might not ever be able to sell. The law could cost the industry $1 billion for this year alone, according to an estimate from the Specialty Vehicle Institute of America and the Motorcycle Industry Council.

There is a safety concern among off-roaders. Kids' vehicles sport small engines, weigh less and go slower. If parents can't get the smaller-sized bikes because of the ban, they might buy the bigger ones. And the children might not be able to handle them.

I will tell you what, the way things are going with Federal Legislation, it won’t be long before the Feds outlaw kids’ using knifes to eat with. Geez. I think they have gone way too far with this law.

Look don’t get me wrong, I think that children should be protected from many things. But in this particular instance, I think it should be up to parents as to whether their children should ride junior sized dirt bikes or ATV’s.

Hell when I was 5 or 6, my dad first put me on a mini-bike. My cousins and I spent many fine days in the desert and near Lake Elsinore, riding our motocross bikes.

I was racing motocross at the Irwindale Raceway in the 80cc division at a young age.

With the new laws, a whole generation of kids will not enjoy the pleasures of dirt biking unless they get on something meant for adults. The law actually makes it more dangerous for them.

I say, everyone should write their congressmen and tell them that this new law is asinine.

The new legislation will also ding a billion dollars of commerce from our economy while we are in a depression.

By California Motorcycle Accident and Biker Lawyer, Norman Gregory Fernandez, © 2009

It is winter time in the good old USA. In many parts of the country, many bikers and motorcyclist have their motorcycles in winter storage until the weather gets better. In other parts of the country, motorcycles have been sitting for weeks or months just waiting for the weather to get better so their owners can ride again.

When it comes time to ride again, some bikers and motorcyclist may have been off of their motorcycles for weeks or months. This is when you need to be most careful!

Riding a motorcycle is not like riding a bicycle as the old saying goes. In order to ride a motorcycle safely, you must ride consistently. Even being out of the saddle a couple of weeks can make you rusty.

How many of you have done a thousand mile plus, multi-day motorcycle run? Is it not true that after a few hundred miles you are sharp as steel on your motorcycle? The reason you are as sharp as steel is because you are on your motorcycle riding.

The more you ride, the better you get. The less you ride, the rustier you get. It is as simple as that.

The worst possible thing you can do if you have been out of the saddle for some amount of time, is to jump back on and ride like a bat out of hell. It takes a bit of time to re-acclimate yourself to your motorcycle and riding in traffic.

I know a guy who builds motorcycles for a living. Due to health issues, he did not ride his motorcycle for a few months. What did he do, as soon as he got back into the saddle on his motorcycle? He rode like he never took any time off. He promptly almost lost his ass due to his accelerating too fast through a water puddle in an intersection. Not only was he embarrassed, but he pulled his back out trying to keep the motorcycle up. This experience actually caused him to quit riding.

I have seen lots of bone head moves on motorcycles. Most if not all of them can be avoided by exercising simple safety measures and discretion.

So if you have been out of the saddle for a bit of time. Take it damm easy and get re-acquainted with your motorcycle.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, © 2009

This article is by Guest Contributor Greg N. of MotoYard.com.

I talk to a lot of people who say, “why should I upgrade my suspension, I don’t race”, well there are many other very good reasons why you should upgrade, most important one being safety. I can’t tell you how many times I thanked myself for upgrading mine.

Whether you ride a Harley or a Suzuki GSXR, there are upgrades available and they are similar on both types of bikes. For cruisers there are plenty of choices - Progressive Suspension, Works Performance, Race Tech to name a few. For sport bikes there are choices as well with Penske, Race Tech and of course Ohlins among others.

So what is the difference between your stock suspension and an aftermarket one? Well, it’s always safe to assume that aftermarket is better, because although the manufacturer wants to put out a good bike, they do try to cut costs, so of course they cut corners, and the only thing an aftermarket manufacturer can do is improve (otherwise why would anyone buy it). There are very few manufacturers that use good components, like Ducati, but instead of spending $20K on a Ducati, you can have the same suspension for much less on pretty much any bike. Most stock forks (made by Showa or other manufacturers) are damper rod forks, with aftermarket forks you get cartridge forks. Although most newer sport bikes come with cartridge forks, they use wimpy springs that can’t compare to an Ohlins fork for example. One thing to remember is that most newer bikes will have a much better suspension than its older counterpart. For example the 2008 Yamaha R1 shock is a much better shock than say, the 2006. What a lot of people don’t know is in a lot of cases the shock on the newer model bike will fit an older one just fine. What that means is you can go to a site that has used motorcycle parts, like eBay.com or Motoyard.com and find a used one for much cheaper than you would pay for an Ohlins shock. A lot of people will replace their brand new shocks with an aftermarket one and sell the stock one for cheap.

Another way to go is of course to get those expensive aftermarket components. In my personal experience there is no comparison, no matter how good the manufacturer says they made the suspension that year. A really nice rear shock can run you over $1000 new, and so can the front forks. On some bikes you have some options, instead of replacing the whole fork, you can replace the internals (the cartridge). There are companies that will build the forks for you like Race Tech, but you can usually go to any competent bike shop and they can change the fork internals for you. This is not a very simple job to do on your own, since the springs are under pressure and there are many little pieces that tend to get lost. As for replacing the rear shock, you can probably do it yourself, with a help of a friend. Most times, it’s just one or a few bolts that you need to take out (top and bottom of the shock) and while your friend is holding the bike up by the seat (since it’s not attached to the swingarm or wheel with the shock, it’s pretty light), you can pull out the old shock and put a new one in, in about 20 minutes.

Another great thing about aftermarket shocks and forks is that they are adjustable. Yeah, the manufacturers claim theirs are adjustable too, but if you have ever tried to adjust your compression or rebound on your stock forks, you will probably notice that the changes are so small, they are barely noticeable. With an aftermarket shock and forks you will definitely notice the difference.

So the question still remains: why do you need a new suspension? Well, if you race, you know the difference it makes on the track. If you don’t, what you get is a much safer bike on the street. Aftermarket shocks will not “bottom out” as easily when you hit a bump and your bike will feel much more predictable in turns. You also will have much better braking feel and performance. What is predictable? Well, when you are in a middle of a turn, and you hit a bump, you don’t expect or want your bike’s front wheel to skip and go in another direction. With a good suspension you can minimize those times, we all had, when we wonder if we might have been going a little too fast into that turn.
So, is it worth spending thousands of dollars on new suspension? In my opinion - Yes. If you are looking to do it on a budget, and you have an older model bike, find out if a newer model bike has a better suspension and see if it fits yours – you can probably upgrade for a quarter of the price or less.

By Greg N. of Motoyard.com.

If you want to write an article for The Biker Law Blog which gets well over 100,000 hits per month, please email your article to me at Norman@norman-law.com.

Thanks,

Biker and Motorcycle Accident Attorney

Well the economic woes continue. Harley Davidson Motorcycles has announced that they will lay off about 1100 people, and they will ship fewer motorcycles in 2009.

This is not the first time that Harley Davidson Motorcycles has faced tough economic times. Some may remember when they were taken over by AMG many moons ago.

You can see a video from TMJ 4 in Milwaukee about this story by clicking here now.

Obviously, I feel for the poor souls at Harley Davidson Motorcycles that are losing their jobs right now. I am also very concerned about Harley Davidson Motorcycle as a whole. I hope that they do not jack up prices for new motorcycles now that they are going to produce fewer motorcycles at least in 2009. I think that would be a ticket to more economic disaster.

In my humble opinion as a California Motorcycle Accident Attorney, the best thing that Harley Davidson can do right now is to drop the price of its motorcycles and parts. A price decrease may increase sales.

I do not purport to be an expert on motorcycle production or marketing, but in these economic times, Harley Davidson Motorcycles needs to do what they need to do to survive.

By California Motorcycle Accident Lawyer Norman Gregory Fernandez, © 2009

Plea negotiations between the state and Billy Lane's lawyers could lead to a resolution in the motorcycle designer's DUI manslaughter case as early as next week, his attorney said.

The announcement of the plea comes days before Lane was scheduled to go to trial Monday.

"I can't talk about the details right now because we have a couple minor details that are up in the air," lawyer Greg Eisenmenger stated on Thursday.

He said he hopes to receive confirmation on those details from prosecutors by today and anticipates Lane would enter the plea next week.

Lane, 38, was charged two years ago with one count of DUI manslaughter in connection with a Labor Day 2006 traffic accident in which 56-year-old Sebastian Inlet park ranger Gerald Morelock died.

Police said Lane's blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass several cars near Melbourne Beach, striking Morelock's motorcycle head-on.

In light of ongoing legal wrangling over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter.

Both charges are second-degree felonies, punishable by up to 15 years in prison.

Eisenmenger said the amended charge factored into Lane's decision to consider a plea agreement, and that any other factors would "become more clear" in court.

"We're in agreement on all the major points," Eisenmenger said of his discussions with the state. "We're 99 percent there but we're not 100 percent there. We're close enough that the court felt it was appropriate to take it off the trial docket and we're close enough that we're confident we'll get to a plea."

Prosecutor Tom Brown said 95 percent or more of his office's cases are resolved through pleas, and his office treats this case like any other.

Among the factors to be considered are state sentencing guidelines, the facts of the case and input from the victim's family, which Brown said is always considered during plea discussions and before an offer is made.

"We've had plea discussions on this case from the beginning," Brown said. "We've never not been amenable to reaching a resolution. . . and when you get close to trial, discussions become much more serious."

Byron Morelock, the victim's brother, said he is not opposed to a plea deal.

"Revenge is nothing. I've got to take myself out of the picture," he said. "I just know my brother would want something positive out of this thing. Gerry was a sweet guy and he never wanted to hurt anybody and even when someone would hurt him . . . he'd say 'Don't worry about it.'"

Morelock's family, Lane and DaimlerChrysler, which provided Lane with the truck he was driving for promotional purposes, reached an undisclosed out-of-court settlement on a wrongful death suit in July 2007.

A civil suit filed against Lane and DaimlerChrysler in May by Lane's passenger, Erin Derrick, seeks unspecified damages for permanent injuries she said have left her neither able to work nor to pay off mounting medical bills. That case is still pending.

This is a republished article.

California Motorcycle Accident Lawyer