Biker and Motorcycle Lawyer Blog / Blawg

Well folks, for better or worse the time has finally come to convert the Biker Law Blog to a new software platform.

We have been working on moving this site to the new platform for over a month. That is why you have not seen many articles from me in the last month.

The conversion has been a nightmare. Getting the hundreds of articles, and thousands of user comments to the new system on a test domain has not been easy.

Once the conversion is done, there will literally be almost a thousand URL redirects that have to be done so all of the articles, links, etc., from the old software, will go to the new software.

The new software will be fully functional, however many of the design features of the new site will be worked on after the conversion is done.

I have finally decided to put my foot down on the conversion. This thing could go on for months. I am not willing to withhold my articles because I am waiting for a new system to be designed. So I have made the call to convert even before everything is finished.

Initially, the new software platform will look like the old software platform. I designed it that way.

However in the weeks following the conversion, you will notice new design and functionality tweaks.

If any of you notice any bugs or problems when the conversion is done, please let me know via the contact page on the new system.

Thanks,

Norman Gregory Fernandez
Attorney at Law

Enjoy your weekend everyone!

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., July 2010

Long-time Aerosmith axe-man and creative collaborator Joe Perry has reportedly been treated and released after a motorcycle crash in Middleborough, Mass.

According to the Boston Globe, Perry was riding his 2009 Ducati when he was struck from behind by a 62-year old retiree, who was cited after the accident. Although he didn't appear to be seriously injured, he was transported to Morton Hospital and Medical Center in Taunton, Mass. at about 2 p.m. (EDT) on July 15.

Middleboro Police Officer Bradley Savage called the collision "a very minor motor vehicle accident," thanks in part to the fact that Perry was wearing a helmet.

After recently touring in South America and Europe, Perry, vocalist Steven Tyler and the rest of the band are preparing for their summer U.S. tour, "Cocked, Locked, Ready to Rock Tour," that begins on July 23rd in Oakland, California, and includes 17 other dates.

In a recent press release, Tyler said, "I thought it was time to get my MOJO back, by rockin South America and Europe with a little HOME RUN at Boston's Fenway Park thrown in and then off to the rest of America to do what we do best! We're gonna rock you into the middle of next week!"

Perry added, "This is a perfect time for us to tour North America as we are just completing a very successful tour of South America. We are looking forward to our European tour next month and then bringing our show back to our home soil. We are running on all cylinders and are "Cocked Locked and ready to Rock"!"

If you didn't know better, you'd swear that the fates are conspiring to keep one of the most successful American bands of all time from touring. Stage mishaps, alcohol and substance abuse, illness, injuries and feuding between Tyler and Perry have caused show cancellations and delays on recent tours.

Guitarist Brad Whitford missed part of last summer's tour after bumping his head getting out of a Ferrari; Perry had knee-replacement surgery in 2008; Tyler fell off a stage in South Dakota, breaking his shoulder; and bassist Tom Hamilton was diagnosed with throat cancer in 2006 and underwent radiation and chemotherapy. The band's representative, Liz Rosenberg, told the Boston Globe yesterday, "Joe is home and he's fine. All's well and we're all grateful.''

Hopefully, this accident will prove to be only a minor inconvenience.

California Motorcycle Accident Attorney Website

**** July 12, 2010 - We are still working on getting all of the data from this blog, into the new software platform, and then we will start the customization. I will announce that we are going live on the new software platform 24 hours before we go live. This should be the last time we will ever have to do anything like this.

**** July 2, 2010, My programmer has successfully extracted the data from this blog, and inserted it into a development blog running a new software platform. There is still a bunch of stuff to be done, including customization. However, we are now on target for the changeover of the Biker Law Blog to the new software platform in about two weeks.

I really look forward to not having to deal with the spam anymore!

Actually, the title of this article should be that the Biker Law Blog is in the process of being converted. You see I am in the process of switching the Biker Law Blog to a different software platform.

The Biker Law Blog has literally become a beast of a website. The website, articles, media, and database on the website amount to almost 1 gigabyte (1,000 billion bytes) of data.

On top of that, I am getting about 1 million hits per month on the Biker Law Blog. The total data transferred each month is about 10 gigabytes of data, or 10 - 1000 billion bits of data per month. Further, we keep growing.

The Biker Law Blog has turned into a recognized motorcycle industry publication, and not just a law blog. For those of you who read the blog you know what I am talking about.

The software that the Biker Law Blog has been rock solid ever since I started the blog about 4 years ago. However, it has many limitations with respect to customization, and the ease of creating articles.

Many would say, it the software the blog is running on is not broken, why mess with it?

The answer to this question has caused me much grief. You see the guy who I paid to do the original customization of the Biker Law Blog is basically not around anymore. I have tried on numerous occasions to contact him, with no response.

Super Guru Ed B., the second customizer of the blog has gone on to greener pastures, and has told me that he has disassociated himself from the software that runs the blog due to an ethical conflict with the software’s creator.

Basically this has left me with a couple of choices. Do I stay with software that has worked for me, but that requires professional’s to upgrade and customize, or do I take a chance and go with a different platform that may not be so reliable (only time will tell), but that would make my job much simpler?

I have opted for the simple approach.

I am hoping that with automated daily backups using the new software, if something happens, I can simply restore the site.

The new software should be easier to customize, easier to do postings with, and will hopefully streamline the Biker Law Blog into a more manageable site.

As we speak, I have a test site up on a hidden domain.

I am trying to find a way to automatically get the posts, comments, and registered users from the existing Biker Law Blog software, into the new software on the test site. Since there is no current script to get this done, it may not be possible. Unfortunately, the current software that I use has no way to export the data, so it can be imported into another type of software. The designer’s rationale is that if they spend so much time creating the software, they do not want to help people leave it.

This is one of the big reasons I am leaving the software.

If I cannot automatically transfer the data to the new platform, I will literally have to manually transfer each post, comment and registered user to the new platform, one by one. This will take weeks since there are hundreds of posts, and thousands of comments.

Once the data is transferred to the new platform, we will then do the customization of the Blog to make it look sharp, be easier to use, and to make it simpler for users to register.

Registered users will no longer have to deal with the rampant spam that we have been hit with recently. I am sick of having to ban spammers on a daily basis manually.

Because of the changes that I am making to the new Biker Law Blog, and the time that it will take to transfer to the new platform, my postings will decrease temporarily until I get the new Blog done. Hell with a busy law practice, it is hard enough to write a blog as it is. Once the changeover is done, I can concentrate on blogging, and not software issues.

If you are a registered user of the Biker Law Blog, you will be receiving email updates to let you know what is going on.

Please be patient during this time of change.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © June, 2010

I am sure all of you bikers and motorcycle riders know what it is like to get a bug up your ass to take a ride after work at the end of the week.

Well on Friday, June 18, 2010, 2 days before my 47th birthday, I decided to take my Harley Davidson Electra Glide out for a little ride after work, to the world famous and infamous San Andreas Fault.

If you do not know what the San Andreas Fault is, it is basically an earthquake fault that runs the length of California. They say that in a few million years, Los Angeles will pass San Francisco on this fault. The experts also predict “the big one;” a catastrophic earthquake that is overdue on this fault, that could destroy Los Angeles. Anyway...

Being a native Southern California boy, I know places to ride where I can literally be alone in or near a geographic area where millions of people live.

That is what I decided to do after work on June 18, 2010.

I am sure that many of you in all over the United States can also find great places to secret yourself for a little solo motorcycling without any other traffic interfering with your ride, however, if you are in Los Angeles County, you better know where you are going, otherwise you are not going to find solitude, that is for sure.

Now I do not mean to brag, but I will anyway. I literally have some of the best motorcycle riding roads in the world right in my back yard. I can go from desert, to sea, to alpine mountains with a flick of my throttle wrist.

My motorcycle ride on Friday took me from the foothills, to the desert floor, to the base of the north side of the Angeles Forest. It was one hell of a nice Friday after work little ride.

No women, no friends, just me, myself, and I, and my Harley Davidson Electra Glide.

As you can see by the videos here, I wore my Gopro helmet cam for the ride.

Since I did not even get to Pearblossum Highway until 7:30pm or so, it was already just after sunset when I started filming. However, I still got some good video.

Since Youtube.com only allows up to ten minute videos, I had to drastically edit the videos down to 3 clips, but you can still get the effect of the ride I am sure.

Video 1 and 2 are shot with my helmet camera, except for a surprise just past the middle of video 2, and video 3 was shot by me with a standard HD camcorder at the actual San Andreas Fault.

You will notice on this ride going from the Mohave desert floor to the foothills of the Angeles Forest, Joshua Trees and cactus, turning into chaparral and scrub brush.

It was dark by the time I finished the ride.

You will notice when I am leaving the San Andreas Fault in video 2 of 3, that I got on my motorcycle quite quickly. Well up in the area where I was riding there are animals such as Rattlesnakes, Brown Bears, Mountain Lions, Coyotes, etc. As it was getting dark, and I was parked next to the San Andreas Fault sign, I heard a big animal stirring up the brush behind me. Hell I have camped in these parts and had nothing with me on this ride except for a 3.5 inch folding pocket knife.

I could sense that I needed to get the hell out of there. I am not stupid enough to wait around until a mountain lion pounces on my ass. It is amazing how sometimes you can sense danger. Only a stupid man waits around to see what is going to happen when he senses danger, has no weapons so to say, and you just know a big animal is in the brush behind you as it is getting dark. Get the picture?

I got my ass out of there, and pulled over about a couple of hundred yards down the road so I could put my gloves on and zip up my hoodie.

All in all it was a great after work Friday ride. I only wish I got there earlier so the video would have had more sunlight.

By California Motorcycle Accident Lawyer and Biker Attorney, Norman Gregory Fernandez, Esq., © 2010

Some of you out there may have received a notice in the mail that you ran through a red light, and that the evidence or proof was obtained through a photograph.

Some of you may have simply heard of red light photo tickets.

Along with the notice, you probably also received notice of a hefty fine of between $400 and $500 dollars for the infraction.

Welcome to the automated world of governmental entities ripping you off to pay off their budget deficits, under the guise of public safety.

These Red Light Photo tickets have been controversial in California for a few reasons, including but not limited to; (a) most attorney’s have always known that this type of evidence of violative of our hearsay rules of evidence here in California; (b) studies have found that red light cameras actually create more accidents; and (c) with the budget crisis here in California, State and local governments have tacked on so many surcharges onto these types of infractions, that the fine is between $420 and $480 which is absolutely outrageous under the circumstances.

Basically government is using these fines to offset their deficits, rather than making the fine fit the infraction. This is a dirty underhanded method of taxing the public by ticket so to say. This issue is more about governmental entities filling their coffers than public safety.

Anyway, getting back on topic, guess what, the Appellate Court Division of the Orange County Superior Court has ruled in the case of People v. Khaled, 30-2009-304893 (Orange Super. Ct., Ap. Div., filed May 25, 2010) that a Court Commissioner was wrong to admit photos and a declaration seeming to show that Tarek Khaled ran a red light in Santa Ana on August 2, 2008. Without those pieces of evidence, Khaled should not have been convicted of violating the Vehicle Code, the Court said.

In its opinion, the Court added; the case “involves an issue far too often presented in this Court, namely the admissibility of evidence and the statutory compliance with the procedures employed by several municipalities in the County in what have come to be known as “photo enforcement” citations.”

The Court threw out the automated photo evidence because it is hearsay and violates that California Evidence Code.

If this opinion stays on the books or is upheld by the State Appeals Court, Red Light Tickets will not be enforceable in the State of California.

The attorney who fought these tickets stated that he became very frustrated that the Courts were not applying the California Evidence Code to these types of tickets.

Of course the City Attorney Joseph W. Fletcher believes that the ruling is wrong, intends to ask the 4th District Court of Appeal to take up the decision and to order it depublised.

My opinion is such; Photo Tickets are inadmissible hearsay if the California Evidence Code is applied thereto. Pursuant to California Rules of Evidence with respect to photo evidence, it has long been established that to admit photo’s into evidence, that the person taking the photo must testify that the photograph is a reasonable representation of what it is alleged to portray, otherwise it is hearsay.

With red light tickets, there is no one to testify that the actual photographs reasonably depict that which is being shown; they lack foundation and are hearsay.

The California Evidence Code has long established the principal that photographs must be supported by adequate foundational testimony.

Now with the advent of digital photography and programs that allow photographs to be easily altered with the click of a mouse, it is even more important that an adequate foundation be established for photographs that are admitted into evidence, and that the person testifying to the same be available for cross examination.

It has simply been too easy for the government to set up red light cameras and introduce their photographs without following the rules of evidence.

In my opinion, maybe it is time to initiate a voter ballot initiative to take this issue out of the legislative hands, and ban red light cameras in California because they cause more harm than benefit, and the potential for abuse does not justify their use in society.

I would go even further; I would limit the amount of fines that can be imposed for infractions. It does not make sense that general damages have been limited in medical malpractice cases to $250k since the 1970’s yet the government has without justification raised the cost of infractions a few hundred percent since the 1970’s.

It is time we make the government work for us and not against us.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2010

See below for a video demonstrating how the mufflers sound.

Many of my friends have aftermarket exhaust systems on their motorcycles which sound great and are not too obnoxious. Some have exhausts which are so obnoxious, that they would cause strain on long rides.

Through the years I have tried many different types of mufflers on many different types of motorcycles.

For about 5 years, I have run Screaming Eagle slip on mufflers on my Harley Davidson Electra Glide, with a stage 1 setup on my carb. and air filter. It is basically a Screaming Eagle stage 1 setup. Other than that, I am running a stock Harley Davidson 88 c.i. Twincam engine.

My right muffler developed bluing where the head pipe met the slip on muffler, very soon after I put the Screaming Eagle mufflers on the motorcycle.

I recently decided to try out some new slip on mufflers. My criterion was that I wanted my mufflers to have some bark, but not be too obnoxious.

As I have said many times before, I am a Biker Lawyer and Attorney, not a mechanic.

In the past, I have had my slip-on’s put on by the dealer. However, now there are many dealers who will not install slip-on’s due to E.P.A. regulations.

I almost pulled the trigger on some slip-on’s at the Laughlin River Run, but they were gouging the prices a bit, plus I did not want to wait any longer than I had already waited to get repairs done to my motorcycle.

After doing research on the internet, including watching some YouTube videos of guys installing slip-on’s, I decided that I could do the install myself this time which would save both time and money.

Some guys are running mufflers with no baffles. This is not only obnoxious and loud as hell, it is illegal. Further, unless you have some serious engine modifications, and/or carb. jetting, or fuel injector mapping modifications, running with no baffles will make your engine run too lean, and can burn your engine out.

Read the rest of the review below the video.

On top of that running open pipes without mods. will actually decrease your power output.

Baffles are encasing’s in the mufflers which decrease or muffle the sound of your exhaust/motorcycle. The smaller the baffle diameter, the less sound that is supposed to come out of the muffler.

Conversely, the smaller the baffle diameter in the muffler, the less exhaust flow you will have through the muffler, and the less power you will get out of your motorcycle engine.

Although in the past, I would just buy a set of mufflers for my other motorcycles, and just go with whatever I bought, this time, I decided to do a significant amount of research on the internet to determine which set of mufflers I would put on my Electra Glide.

One thing I have learned with Harley Davidson’s as opposed to other types of cruiser motorcycles is that you have a huge selection of options. Further, the sky is the limit as to how much money you can spend as well.

There are slip on mufflers out there such as the Vance & Hine wide ovals that run around $700.00, or you can get a set of LaRosa Design mufflers on EBay for $99.00.

It is reported that each of the above mufflers sound great.

After doing a bunch of research, I decided the best bet would be to get some muffles on eBay, because I could save money on used mufflers, and if I did not like the mufflers I could simply sell them again without taking a loss.

I also did not want to spend $400-600 dollars on new mufflers that could be a hit or miss with respect to being too loud, or that had an exhaust note that I did not like.

Many guys on the internet forums recommended Rush Mufflers as being a good sounding muffler, and not too expensive. I also read good things about LaRosa Design Mufflers, which were also supposed to have a great sound at a low price.

I decided to buy a set of Rush Mufflers with 2 inch baffles, and a set of LaRosa Design Mufflers with 1 7/8 baffles to test out.

This review is of the Rush Mufflers with the 2 inch baffles.

I scored a set of chrome Rush slip on Mufflers for 95-10 Touring motorcycles, slash up, part number 15302 on EBay for $142.51. The mufflers were almost in new condition.

I saw many guys bidding away on almost the exact mufflers in other auctions. Hell some guys were paying about $300.00 for the same used mufflers in other auctions. I just got lucky in my auction. The secret was to go with someone who was not too savvy with their auction design on eBay so that it was not too flashy!

The list price for these mufflers from the Rush website is $398.95, so you know I scored on EBay. Click here to go to the Rush website to see the mufflers I purchased.

Another excellent feature of these mufflers is that the Rush mufflers feature removable baffles, and you can buy different size baffles from them at their website here. I am running the 2 inch baffles. If I want to quiet it down a bit I can buy smaller diameter baffles.

The baffles can be removed and replaced with one bolt on the bottom.

When I received the mufflers you could tell they were used by looking inside of the pipes and seeing the grit, but the Chrome on the outside was in surprisingly good condition, they were basically new. The mufflers were heavy duty, and actually heavier than the Screaming Eagles. They appear to be longer than the Screaming Eagle mufflers as well, and protrude further out of the back than my Screaming Eagles did.

Now I could see why the guys on the forums were recommending them, these are top quality mufflers for a better price. But did they sound good?

The slash-up design fits the taper and shape of the back of the Harley Davidson hard saddlebags, I like the look. My Screaming Eagles were slash downs.

The install was kind of a bitch to say the least.

The easy part was removing the hard saddlebags on each side to get to the mufflers, which I did.

I decided that the install would be easier if I removed the heat shields on each side, so that is what I did, I removed the right and left heat shields which butt up next to the mufflers for easier access.

I then unbolted the muffler on the right hand side from the clamp at the head pipe, and the two bolts below the saddlebag bar, no problem.

I then tried removing the Screaming Eagle muffler on the right hand side; it would not budge. I tried twisting and pulling, it would not budge; it was stuck on real good. This is the muffler that blued so I was worried that the damm thing was welded on to the head pipe.

I decided to take a break and do the left side pipe. This one came off easy.

After trying everything to get the muffler off and failing, I in the end, went to Home Depot, and purchased a strap wrench to get the right muffler off. It worked like a charm, but I still had to use some heavy elbow grease. It finally came off.

The strap wrench is basically a rubber strap that wraps around the muffler and attaches to a special handle which allows you to get rotational torque around the muffler without damaging or scratching the chrome.

The install of the left muffler was no problem at all, it slipped right on; the right muffler did not seem to fit. It would not slip on!

Hell, I had my wife hold the front of the motorcycle, as I tried to force the muffler onto the head pipe. I sprayed WD-40 and Silicon lubricant onto the damm thing, but it was a no go. The muffler simply would not fit onto the head pipe. I pushed and twisted so hard, I was worried that I would damage the head pipe or the connection between the head pipe and the cylinder.

I went on the forums to see if I could find a solution. As usual there were many good solutions from buying a tool to expand the muffler pipe, to using other creative methods.

I decided that the best solution would be to take the muffler to an automotive muffler shop the next day, and have them expand the muffler pipe where it slips onto the head pipe.

I found a place close by. They charged me $10 bucks to expand the muffler pipe. This solution was cheaper and faster than buying a tool to do it, and it took no time whatsoever other than driving down there.

When in doubt, use professionals who know what they are doing.

I decided to run by the Harley dealership to buy a new muffler clamp for the right side as well. These are supposed to be single use items. They only had one left. I reused my old clamp on the left hand side and have no problems with it.

When I got home the muffler slipped on very easily, probably too easily. I was worried that the muffler guy may have expanded the muffler pipe too much.

My worries were unfounded. Once I tightened up the clamps and bolts on the slip-on’s, and checked very carefully, everything was great, with no apparent leaks.

After I started my Electra Glide, I first felt that the mufflers kind of sounded like my Screaming Eagles or just a tad deeper and louder.

When I did my ubiquitous test ride down my block with no helmet on, it sounded a bit louder and deeper. However, when I got back in the garage, my wife said they were much louder and deeper. I could not tell.

However, I then went on two day riding binge and discovered that these pipes are much louder and deeper than the Screaming Eagles, no doubt about that. I am quite satisfied.

Hell with ear plugs in; my ears were ringing pretty well after the two day jaunt. I do have tinnitus or ringing in my ears that gets worse at times with loud sounds.

I have decided to keep the Rush slip-on’s, and to sell the LaRosa mufflers that I purchased brand new without installing them. Why play around if I am satisfied.

As of right now I have a pair of stock mufflers, a pair of Screaming Eagles, and the LaRosa’s.

I give the Rush slip-on mufflers a big thumbs up and would recommend them above all.

By California Motorcycle Accident and Biker Attorney Norman Gregory Fernandez, Esq., © 2010

Are there any real biker lawyers out there beside myself?

When I look at the Internet I see a bunch of pasty face lawyers and attorneys in suits claiming that they are motorcycle injury attorneys. Some are well known so-called motorcycle attorneys who advertise in a bunch of motorcycle publications, and even set up booths at events.

I know one up and coming so-called motorcycle attorney outfit that is nothing more than a marketing franchise scheme aimed at bikers and motorcyclist like you.

Hell, they advertise on TV, and they are all over the Internet representing themselves as biker lawyers.

When I contacted them to find out what they were about, they sent me marketing literature. Basically if you join their outfit and pay a fee, you too will be a real biker lawyer. They have a nationwide marketing campaign going right now which is targeted at bikers and motorcyclist. What a joke!

Let me ask you a question. Would you really want to hire a motorcycle injury attorney from an outfit that is nothing more than a marketing scheme directed at you?

Some months ago a few of us so-called "biker lawyers" were in an article in the Los Angeles Times discussing what is what like to be a biker lawyer.

One of my competitors admitted in the article, that he did not ride “because he wanted to grow old to see his grandchildren.” There was another attorney mentioned in the article, who I have never heard of before the article, who had recently starting working for the same firm of the guy who admitted that he did not ride, stating that he recently actually started riding, and that he recently started doing motorcycle accident cases; isn't that grand.

Hell at least I give them a little credit for having an employee attorney who actually started riding a Harley Davidson Sportster right before the article came out.

Hell this firm advertises nationwide in many prominent biker rags. If you were to read their advertisements you would think that these guys are the baddest biker lawyers in town. I challenge them to ride with me sometime here in California. It would be nice to actually meet another attorney who rides motorcycles.

Geez would you want an attorney who is great at advertising, but who does not ride because "they want to grow old to see their grandchildren" representing you in your motorcycle accident case? Do you think that this guy actually respects you and your right to ride?

The reporter from the Times gave me a sentence or two credit in the article, notwithstanding the fact that she interviewed me for about an hour.

I thought it was amusing that the majority of the article was spent giving lip service to attorneys who don’t actually ride motorcycles, except for the one junior associate I mentioned above, who had just started riding motorcycles.

I challenge any of the so-called local California Biker Lawyers and Motorcycle Accident Attorneys who advertise anywhere in California to join me on a ride. The reason why I am issuing this challenge is because I believe that maybe only a few of them actually ride motorcycles if any do at all.

I do know of some lawyers nationwide who do actually ride motorcycles. One of them from Southern California who rides, does not do motorcycle injury accident cases.

There was an actual Superior Court Judge based in San Bernardino who actually rides motorcycles. He is, or was a Judge, I am not sure of his status now, but he does not advertise as a biker lawyer who handles motorcycle accident cases.

There is an attorney; his name is Jeff who lives in Korea, who rides. I met him through this Blog, the Biker Law Blog.

I know that there are lawyers out their sprinkled around the good old USA that ride motorcycle, but believe you me; they are the exception and not the rule.

In my personal opinion, I think that a law firm, or someone who advertises that they are “the best” motorcycle accident attorney,” or that they are “attorneys who ride,” or that they are “motorcycle accident experts,” etcetera, etcetera, should put their proof where there mouths are, or stop the false and misleading advertising.

I put my proof on the road on a daily basis. I do not make untrue claims about being a lawyer who rides; I am a lawyer who rides.

My firm has helped many bikers and motorcyclist in their time of need after a motorcycle accident. My client’s know I am a biker and motorcyclist just like them. When they talk to me, they are talking to a fellow biker and motorcyclist, not some attorney who advertises to them like they are a niche market.

Do not fall prey to slick advertising campaigns, or firms that are flat out misleading you into thinking that they are real bikers and motorcyclist only to get your business, when they are not bikers and motorcyclist who actually ride.

It is one thing to be a generic personal injury attorney who handles motorcycle accident cases, and another thing to flat out lie about being a biker and motorcycle rider only to get business, and to get real bikers and motorcyclist like you to sign up with them.

As I have stated many times, a generic personal injury attorney is at a severe disadvantage handling motorcycle accident cases, because they do not know the intricacies of riding a motorcycle, the very real dangers that bikers and motorcyclist face on the road when they ride, or how to deal with the prejudice that bikers and motorcyclist sometimes face, because they themselves have never had to personally deal with them.

You would not want to go to a general doctor for an orthopedic operation would you? So why would you go to a generic personal injury attorney instead of a real biker and motorcycle accident attorney to handle your motorcycle accident case?

So there it is. If you are a motorcycle accident victim, you need to do your due diligence when picking an attorney and lawyer to handle your motorcycle accident case.

If you see a slick advertisement from someone claiming to be a biker who rides, or who claims that they are the best motorcycle accident attorney, or that they are attorneys who ride, or someone who poses next to a motorcycle in a picture or advertisement, ask them a few questions about riding, particularly, when was the last time they rode!

You should know after a few questions whether they are bullshitting you our not.

My name is Norman Gregory Fernandez, and I am a real California Biker Lawyer, who handles motorcycle accident cases. Yes, I actually ride.

Then again, if you are anywhere in California, you can just call me. I will take care of you if you have a good case. Call me 7 days a week, 24 hours a day at 800-816-1529 x. 1.

If I agree to take your case, and you decide to retain me, I will send my people out to sign you up, so that you do not have to come into our offices.

We will handle your motorcycle property damage claim part of your case for free, unlike other attorneys who may charge you an administrative fee, or even a percentage of the amount of property damage.

I know attorneys who charge a fixed administrative fee to handle property damage. I will never take a dime of money to help you get your motorcycle repaired or totaled, if you retain me for your injury case.

We not only do not do that, but we think that it is wrong for a lawyer and attorney to take any part of the property damage claim in a motorcycle injury case.

If you are one of our clients, we will not only do the property damage part of your case for free; we will also do the following;

We will arrange to get you medical care, even if you do not have medical insurance, as part of your overall case.

We will help you to get a rental car if you are stuck without transportation.

We will help you to get a handicap placard for your vehicle so you can park in handicapped spaces while you are recovering.

We will help you to get a cash advance on your case with a 3rd party company if you are unable to work.

We will fight to get you everything that you are entitled to in your case such as loss of income and future income, medical expenses and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, loss of use of your motorcycle, and any other out of pocket expenses related to your accident.

We will also fight to get your spouse a recovery for the loss of consortium related to your motorcycle injury accident.

Hell, we even make ourselves available to our clients after hours and on the weekends when necessary.

We are not bankers and do not keep bankers hours. We work when necessary, not by arbitrary hours like some other attorneys!

We will go that extra mile for you in your case.

There is a reason why many bikers, motorcyclist, motorcycle club members, and others come to me for representation on their California cases; and it sure is not because of my slick advertisements.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2010

See Video Review Below!

Background

I am a long distance motorcycle rider. This summer I am not only planning on riding to the Sturgis motorcycle rally which is a 2700 mile round trip plus ride, I am also planning on doing other rides, not to mention the 2000 miles I have already put on in the last couple of months. I wanted a state of the art stereo on my motorcycle with built in MP3 for my music collection, a built in High Definition receiver, and the ability to have built in Satellite reception for when I am in the middle of no where. I want to listen to CNN in the middle of the Western Desert!

In 2005 I switched to a Harley Davidson Electra Glide motorcycle from a traditional cruiser motorcycle. Before 2005, I had never ridden with a stereo system built into a motorcycle before, hell a windscreen was luxury to me back then. Since 2005, I have become spoiled. I will probably always ride baggers from here on out. Once you get used to luxury it is hard to turn back.

My Harley Davidson Electra Glide came with the Harley Davidson Advanced Sound system installed in the bat wing fairing, which in of itself has done its job quite well over the last 5 years, but the technology is outdated, even on the new units.

On my unit, there was a built in CD player, minimal AM/FM presets, built in weather band, and a sensor which increased volume as I would increase speed on the motorcycle. There was also an auxiliary input which allowed me to plug in an external MP3 player so I could listen to my music collection. The system worked with my OEM hand controls so that I could virtually control the entire stereo via my OEM handlebar mounted hand controls on the Electra Glide. The unit is great, but it is old technology. If all you want is a standard CD, a few AM/FM presets, and weather band, this unit is perfect for you. I am a tech geek, I wanted more!

Over the years I have plugged in an I-Pod, a smaller MP3 player, and I have also used my Garmin GPS to serve music to the Harley Davidson Advanced Sound System via a cable plugged from the device to the auxiliary input of the Harley Davidson Advanced Sound System. It worked, but to be frank, there was no real control of the tunes being played unless I dangerously tried to skip tracks while I was riding because the external device was controlling what was being played rather than the head unit. There were issues with the volume of my MP3 device having to be cranked up to full volume to sound good through the auxiliary input, and each device sounded different through the stock stereo.

Furthermore, the cable plugged in from my GPS, or a device in my pocket looked like crap, it flutters in the wind, and the quality of having an external connection is not as good as it could be. Not only that, but everytime I got off the motorcycle, I would have to unplug my external MP3 player, turn off the external MP3 Players, etc. If the battery wore out on my external MP3 Player, I was shit out of luck. Lately using the GPS solved many of the problems, but I had no real control of the tunes being served to the Harley Davidson Advanced Sound System. When I got back on the motorcycle, I would have to plug everything back in, and start the MP3 player before I started riding, a real hassle; I am sure you get the picture, because many of you are doing this right now!

For short trips, rather than plugging in my external MP3 player, I used one of my home burned CD’s in the OEM system, which I have probably listened to over a 100 times now. It gets old if you know what I mean.

Let’s face it, with MP3, standard CD’s are obsolete, even CD units which read MP3’s, and other digital formats are obsolete because you can only fit so much on a disk, and most of these units have a limit as to how many tracks can be on a disk even if you buy the more expensive DVD format units.

Modern technology allows you to literally have every song ever made on one thumb drive, or standard USB disk drive now. There is no reason to ever have to switch CD’s anymore. Most of you including me don’t have every song ever made on disk, but my collection is almost 4GB and growing weekly.

There was an MP3 option for the Harley Davidson Advanced Sound System, but it is an external unit that mounts to the handlebars and it is ridiculously expensive for what they give you. Plus you are severely limited to memory on Harley Davidsons MP3 option. On top of that, the new Harley Davidson Advanced Sound Systems need to be programmed at the dealer. If the unit goes dead, it can only be revived by a dealer reprogramming it. How much would that cost everytime? No thanks, I love Harley Davidson, but the reason I am upgrading is to go state of the art. Their solution is not state of the art.

The Biketronics Article and Review Continues below the two videos.

One good thing about the Harley Davidson Unit is that it was as reliable as a beast. It is basically waterproof. I have ridden through rain storms, and washed my motorcycle many times, and the stereo kept working no problem.

Well recently, I decided to upgrade my stereo to an aftermarket non OEM stereo so that I could have modern electronics on my motorcycle the way I wanted it, and not the way Harley Davidson wanted it.

Research

My first dilemma was to find a stereo system (head unit) that would work with the existing hand controls on my Harley Davidson Electra Glide, and that would mount in the faring without having to modify the OEM wiring. I wanted a plug and play solution.

Read more »

Today is Monday, May 31, 2010. As of today over 1 million men and women have given their lives in the service or our nation. Today, Memorial Day, is the day we honor their sacrifice.

As of May 30, 2010, 4,387 men and women have died in Operation Iraqi Freedom, and 1,075 have died Operation Enduring Freedom. (Afghanistan)

Freedom is not free. Those who have given their lives for our freedom paid for our freedom with all they had to give, their lives.

On May 24, 2010, 22 year old PFC. Christopher R. Barton Died in Operation Enduring Freedom, in Khowst province, Afghanistan, of wounds sustained when insurgents attacked his unit using small arms fire.

On May 24, 2010, 44 year old Major Ronald W. Culver Jr. Died in Operation Iraqi Freedom, in Numaniyah, Iraq, when insurgents attacked his vehicle with a makeshift bomb.

On May 22, 2010, 24 year old PFC. Jason D. Fingar. Died in Operation Enduring Freedom, in Durai, Afghanistan, of wounds sustained when his military vehicle struck a makeshift bomb.

On May 21, 2010, 26 year old Staff SGT. Amilcar H. Gonzalez Died in Operation Iraqi Freedom, Ash Shura, Iraq, of wounds suffered when insurgents attacked his unit with small arms fire.

On May 20, 2010, 26 year old Spec. Stanley J. Sokolowski, III Died in Operation Iraqi Freedom, in Kirkuk, Iraq, in a non-combat related incident.

On May 19, 2010, 38 year old Staff SGT. Shane S. Barnard Died in Operation Enduring Freedom, in Zabul Province, Afghanistan, of wounds sustained when he stepped on a secondary makeshift bomb.

On May 18, 2010, 46 year old PFC Col. John M. McHugh Died in Operation Enduring Freedom, Kabul, Afghanistan, of wounds suffered when enemy forces attacked their convoy with a vehicle-borne makeshift bomb.

I have listed 7 brave men who have given their lives in the service our nation, for our freedom in the past week. To honor those who have given their lives for our freedom is to remember them and what they did for us.

To see a list, pictures, and details of all who have died in our latest wars in Iraq and Afghanistan, click here now. I know it takes a bit of time to go through each person by date, but it will bring home the true meaning of Memorial Day.

Today is not a day for picnics, and sales at the local mall, it is a day to honor those who paid for our freedom by giving their lives for us. It is a solemn day. Tell your kids what this day is for. Study it for yourself.

God bless the United States of America. God bless our fallen hero’s.

By Norman Gregory Fernandez, Esq., 2010

Last Sunday, May 23, 2010, I decided to take a bit of a ride here in Southern California.

The ride was not only for pleasure, but I wanted to check out my new Rush Slip on mufflers, my new Sony HD Stereo, and my new GoPro helmet camera. (I will write reviews about all of them later on)

My plan was to meet some of my friends in Chatsworth, CA, ride to Simi Valley Harley Davidson in Simi Valley, CA, and then ride with them to Bartels Harley Davidson in Marina Del Rey, CA. I ended up doing a local 300 mile all day ride minus the time I spent at Simi Valley Harley Davidson.

My ride started out early Sunday morning on May 23, 2010. I got on my motorcycle at around 8:30am to take a bit of a ride before I met my friends. I captured the vast majority of my ride on my new GoPro helmet cam, a picture of which you can see to the left.

I have the helmet cam mounted on the side of my helmet rather than the top of my helmet, because I have a modular flip up helmet and the top mount would not work with the flip up aspect of my modular helmet. I will discuss this more when I review the camera.

Suffice is to say, it was a great day. My total riding hours in the saddle riding last Sunday was around 9 hours plus, and I have plenty of video footage of my ride. I am showing 30 minutes of the ride here. It was very hard for me to select which video footage to show here.

I met my friends in Chatsworth at around 9:45am after taking about an hour ride. We then rode together to a little event at Simi Valley Harley Davidson. There was a band, food, and vendors at Simi Valley Harley Davidson.

I took advantage of being at Simi Valley Harley Davidson. It turns out on the ride over there, I discovered that my left spot light was out, plus I needed some bushings and bolts for my removable Tour Pak. I was able to get all of the parts I needed at the dealership which made me very happy notwithstanding the fact that I paid $57.00 for a spot light replacement, two bolts, and two bushings.

I decided to replace the spotlight in the street while I was there. It was probably a good idea, because once I got the spot light off, I could not figure how to get it back on. There is a rubber strip, a backing that the spotlight goes into, as well as a metal ring. I walked the separated parts up to the service desk, and even though they were closed, there was a guy in there who obviously worked there, who packed the rubber back into the housing, and showed me how to put the pieces back together which I did. Repair completed right there in the street.

My friends and I walked around a bit and hung out at the Harley Davidson dealership until at least noon by my estimation. I purchased a $5.00 lemonade – 5 friggen dollars for a large lemonade. After complaining a bit about the price, the guy agreed to give me a free refill. I don’t know but if I was putting on one of these events, I would talk to my food and drink vendors to ensure that they were not gouging my customers and guests. This is a whole other story.

At some point, the guys decided to take off. When I got on my motorcycle to leave with the guys, I found an electrical problem from my earlier spotlight fix, and my motorcycle would not start. I waived my friends off and told them I would meet them later.

I opened the spotlight back up and everything seemed OK. The light powered up when I put the ignition switch to the run position, but the bike would not start. Then I had a stupid me moment, I engaged the kill switch before I did the repair which I forgot about. Once I disengaged the kill switch, the motorcycle started. I then buttoned the motorcycle back up and was ready to roll. It was by now a half hour later or so. I knew my friends were probably already very close to Bartel’s in Marina Del Rey.

By this time I was hungry. I had not had breakfast that morning, I did not eat the food at the Simi Valley event because I did not want to have acid reflux all day, so I decided to take a detour off of the 118 to go to Jerry’s Deli on Ventura Blvd. in Woodland Hills, CA to get some Matzo Ball soup and some Kosher Dills. I knew if I rode to Bartel’s in Marina Del Rey, they would probably have the same greasy spoon type of food that they had at Simi Valley Harley Davidson, and that I did not want to wait to eat.

I rode to Jerry’s Deli which is a San Fernando Valley hotspot eatery where many celebrities can be seen from time to time, and thoroughly enjoyed my meal, although it took quite a time to get my meal. There is nothing like Matzo Ball soup when you are on a run where the weather is kind of cool. It will open up your sinus every time. Matzo Ball soup is a Jewish remedy!

By the time I finished my meal at Jerry’s Deli, it was already around between 1:30 and 2:00pm, and I did not have my friend’s phone numbers with me, so I decided to skip Bartel’s Harley Davidson. I figured that by the time I rode there with traffic, I would not make it until around 3pm or later, and to be frank, I wanted to ride rather than sit around hanging out at another Harley Davidson dealership, so that is exactly what I did, I rode; I rode my ass off : )

I decided to ride to the Rock Store by way of Topanga Canyon to Mulholland Highway, the long twisty route. You can see some of the video from my GoPro here. It was a fanfuckentastic run. You see we absolutely have the best and most beautiful riding in the world right here in Southern California. It does not get much better than this anywhere in the world. Most Angelinos (Los Angeles Residents) have no clue about the beauty just outside of the concrete jungle here. We have great mountains, great coastline, and twisties that are just as radical as any in the world here.

As I approached the last stop sign before arriving at the Rock Store, I ran straight into a friggen road block. You see the Tour De California Bicycle race was also being put on this weekend, and the Rock Store was on their route. I was a bit pissed. I wanted to visit the Rock Store and then do my hidden route behind Mulholland to some of the best 1st gear twisties, ending up at the coast. I ended up turning off my motorcycle and watching the bicycle racers, the fans yelling like screaming Durban’s, and the helicopters overhead, not to mention the bicycle rider chase trucks, and chase motorcycles on the route. When a CHP officer told me the route was to be closed all day, I flicked a U'ie and rode back to Malibu Canyon Road. I rode to Pacific Coast Highway, and ended up doing a straight coast ride all the way up to Neptune’s Net. I stopped at my old surfing grounds before Zuma Beach and cruised the coast a bit. I have some great memories on this strip of beach.

It was a great day to ride on Sunday. The coast part of my journey was fanfuckentastic to say the least. Look I love riding with my friends and my brothers, but I also like riding solo as well. There is no pressure to stay in the pack when you are riding solo, and you can ride wherever the fuck you want with no one bitching. It is freedom.

I rode real easy up to Neptune’s Net. I had many cagers waiving at me, and honking at me. I presume this was because of my helmet camera. I assume these people probably thought that I was filming for some kind of Hollywood movie or something. I literally had people in Mercedes Benz’s, Ferrari’s and beater cars all giving me the thumbs up. It was unique and I got many of it on the helmet cam.

When I finally got to Neptune’s Net there were a bunch of bikes and bikers there just like every Sunday. For me it is the same old thing, kind of like a routine if you know what I mean. I had a bunch of guys come up and ask me about the camera on my helmet. One of the guys was this Euro type who claimed to have shot all of the pictures for Harley Davidson’s new motorcycle line that was coming out. He was very interested in the specs for my camera and the mount. I ended talking to these guys for a half hour, exchanging business cards and what not. This is the good thing about being a biker, it is easy to meet and greet with new people. Something that cagers will never really get to experience. It is a biker comradery.

At this point is was around 4pm plus or minus an hour : ) I had a choice, I could take Kanan Dune, or Malibu Canyon to the 101 Ventura Freeway, and ride home, or I could cruise Pacific Coast Highway up to Santa Monica, then take the 10 to the 405 and cruise up to the snow via the Antelope Valley back route. Hell this time of year it stays daylight until at least 8pm; what would you do? : ) Well what do you think I decided to do? If you guess take PCH to Santa Monica and then cruise up the snow by way of the Antelope Valley back route you would be correct.

Look, my wife is in law school, she was at home studying for some freaking test, it was a great not too warm sunny day by this time, and I had nothing better to do. I was one of those great days where I could have rode 24 hours straight, all around my favorite spots.

So there I did it, I rode PCH all the way to the 10. It was a great costal ride. I noticed that there are many more homes along the coast which is a real bummer. When I was growing up, it was straight coast all the way up, now there are homes blocking the view for a substantial part of the trip. No biggie, it was a great ride. I got on the 10 to the 405 north. There it was bumper to bumper traffic; a good excuse to get off before Getty Center Drive, get some gas, and then take Sepulveda up the canyon until the traffic opened up. Once I got on the 405 I took it to the 14 east and then got off at Sand Canyon Road for a bit of dinner at Coco’s Restaurant.

In Coco’s a young 20 year old kid named Shane who was sitting with his absolutely fine girlfriend 19 year old girlfriend Tammy, and his 25 year old friend Steve, introduced themselves to me and shook my hand, they sat directly in front of my in another booth.

I had a good meal and good conversation with these folks. Hell we talked about everything from relationships, to career, to riding motorcycles, you name it. It has been a long time since I had such a good conversation with young folks. I thought to myself that these kids ought to be more careful about opening up to strangers like me the way they did because there are many assholes out there that might do them harm just because they were so nice. I did not have enough time to tell them what I thought, but I thought it as I saw them leaving. These were some good kids. They showed me respect which is unique these days. I think their parents raised them right.

After a really good steak dinner, I got back on the road. I took the 14 to Pearblossum Highway, to my secret turn off on the 138 and headed up to the still snow covered mountains.

At the turnoff I decided to change the batteries in my Gopro cam, and to check the memory card. Turns out I needed to replace both. The batteries were dead, plus I had already used up an 8GB SD card which records 6 hours of video. Whoops. I put in new batteries, and a 2 GB SD card to record this aspect of my ride.

To give a short summary I owned the road, I was basically all alone form the desert to the mountains. I rode to my spot where the San Andreas Fault line is, and then up to the Juniper Hills and beyond up to the snow. By this time I was freezing my ass off, and the sun was going down, so I decided to ride home.

When I finally got home, my wife bitched about me being gone form the early morning to the evening and wondered what I did for so long. I let her see the video’s of the day. I know the real reason that she was upset; because she did not ride with me, and spent a beautiful Sunday by herself studying all day. Been there; done that.

Unfortunately I lost the 2 GB SD card of the final part of my journey in my home office somewhere. Once I find it I will post some video from it.

So there it is, one hell of a great Sunday Ride in Southern California, from the desert to the sea, to the mountains.

Maybe I may take one of my lucky readers on this same ride someday.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2010

Dennis Hopper, the maverick director and costar of the landmark 1969 counterculture film classic "Easy Rider" whose drug- and alcohol-fueled reputation as a Hollywood bad boy preceded his return to sobriety and a career resurgence in the films " Hoosiers" and "Blue Velvet," died Saturday. He was 74.

A longtime resident of Venice, CA who also was known as a photographer, artist and collector of modern art, Hopper died at his home of complications from prostate cancer, said Alex Hitz, a friend of the family.

A frail-looking Hopper, whose battle with prostate cancer was revealed in October, was able to attend a ceremony for the unveiling of his star on the Hollywood Walk of Fame in late March.

In a more than five-decade acting career that was influenced early on by working with James Dean and studying at the Actors Studio, he made his film debut as one of the high school gang members who menace Dean in the 1955 classic "Rebel Without a Cause."
Hopper went on to appear in more than 115 films, including "Giant," "Cool Hand Luke," "Hang 'Em High," "True Grit," "Apocalypse Now," "The American Friend," "Rumble Fish," "Speed," "True Romance" and "Rivers Edge."

But it's his role as the long-haired, pot-smoking biker Billy opposite Peter Fonda's Wyatt (Captain America) in the hit movie "Easy Rider" that gave Hopper his most enduring claim to fame.

The low-budget tale of two bikers on an ultimately tragic cross-country odyssey after scoring a big cocaine sale, "Easy Rider" became a generational touchstone.

The movie, which boasted a star-making performance from a little-known Jack Nicholson as a boozy small-town lawyer who goes along for the ride and gets his first taste of marijuana, set old-guard Hollywood back on its heels.

"The impact of 'Easy Rider,' both on the filmmakers and the industry as a whole, was no less than seismic," Peter Biskind wrote in his 1998 book "Easy Riders, Raging Bulls: How the Sex-Drugs-And-Rock 'N' Roll Generation Saved Hollywood."

"Hopper was catapulted into the pantheon of countercultural celebrities that included John Lennon, Abbie Hoffman and Timothy Leary," Biskind wrote. "He was surrounded by groupies and acolytes. He may have started down the slippery slope to megalomania and grandiloquence on his own, but he had plenty of help."

"Easy Rider" won an award at the Cannes Film Festival for the best movie by a new director, and it earned co-writers Hopper, Fonda and Terry Southern an Oscar nomination.

"Hopper and Fonda were renegades, Hollywood-bashers, the Vietcong of Beverly Hills," Biskind wrote. "To them, it was vindication, beating Hollywood at its own game, proof that you could get high, express yourself and make money all at the same time."

Read more »

TLC is reviving "American Chopper" with the estranged Teutuls going head-to-head in competing bike shops.

The new show, "American Chopper: Senior vs. Junior," begins filming next week and will premiere in August.

It focuses both on the original Orange County Choppers business run by Paul Sr., and Paul Jr.'s startup bike shop.

The new shop, Paul Jr. Designs, is located across from the original OCC shop in Rock Tavern, NY, near OCC's Newburgh site.

The hook? Father and son haven't spoken in over a year, ever since Senior fired Junior from the family business.

BIKE BATTLE: Paul Teutul Sr. and Paul Jr. haven't spoken in a year, but will both appear on a new version of "Chopper."

The split effectively ended their long-running reality show. TLC axed "American Chopper" last February and, in an ugly legal battle, Senior is demanding the return of Junior's 20 percent stake in OCC. After a brief reconciliation, Junior rode out his one-year non-compete clause and moved into his new shop last week. Father and son remain at odds, with no resolution in sight.

"I'm always hopeful for a reconciliation, but sometimes these things happen for a reason," Junior told The Post yesterday.

"Even though you never want dissension in any family, especially with your father, this has allowed me to break out and do things on my own."

Senior also says he's moved on to a point.

"Junior seems to say all the time he'd like to reconcile, but the thing of it is, he's never come to me with that," Senior told The Post. "I'm happy he's making an attempt to go out on his own, but I don't feel he's ever really followed through with anything in his life."

"But this way, if he fails, he can't say, 'My dad made me fail.' "

The resurrection of "Chopper" will be good news for fans of the show, including "Late Show" host David Letterman.

"Letterman e-mailed me when he heard the show was going off the air and said, 'What am I gonna do now, Paul?,' "

Senior says. "He was devastated."

It remains to be seen how "Senior vs. Junior" will play out, but series executive producer Christo Doyle says there's no formula on how much air time the two competing shops will get per episode.

"This is a very bitter situation that runs really deep at times I feel I'm a family therapist and not a producer."

California Motorcycle Accident Attorney and Biker Lawyer Website

LOS ANGELES- California

Ronnie James Dio, whose soaring vocals, poetic lyrics and mythic tales of a never-ending struggle between good and evil broke new ground in rock & roll, died Sunday, according to a statement from his wife and manager. He was 67.

Dio revealed last summer that he was suffering from stomach cancer shortly after wrapping up a tour in Atlantic City, N.J. with the latest incarnation of Black Sabbath, under the name Heaven and Hell.

"Today my heart is broken, Wendy Dio wrote on the singer's site, adding he died at 7:45 a.m. "Many, many friends and family were able to say their private goodbyes before he peacefully passed away.

"Ronnie knew how much he was loved by all," Wendy Dio continued. "We so appreciate the love and support that you have all given us ... Please know he loved you all and his music will live on forever."

The statement was confirmed by Los Angeles publicist Maureen O'Connor.

Dio rose to fame in 1975 as the first lead singer of Rainbow, the heavy metal band put together by guitarist Ritchie Blackmore, who had just quit Deep Purple.

Dio then replaced legendary vocalist Ozzy Osbourne in Black Sabbath in 1980 with the critically acclaimed album "Heaven And Hell," considered by many critics to be one of the finest heavy-metal albums of all time. His on-again, off-again tenure with Black Sabbath touched off an intense debate among fans as to which singer was the true essence of the band — a discussion that lasted until his death.

He also enjoyed a successful solo career with his self-titled band, Dio, in between his three stints with Black Sabbath (1980-82; 1992; and 2007-2009, when the band toured as Heaven And Hell, to differentiate it from Osbourne-led versions of Sabbath). Dio was also inducted into the Rock Walk of Fame in Hollywood in 2007.

Many of his most memorable songs revolved around the struggle between good and evil, including his signature tune "Heaven And Hell. He also drew heavily on medieval imagery in songs like "Neon Knights, "Killing The Dragon and "Stargazer.

"He possessed one of the greatest voices in all of heavy metal, and had a heart to match it, said Twisted Sister guitarist Jay Jay French, whose band toured with Dio since 1983, and was to do so again this summer at European rock festivals. "He was the nicest, classiest person you would ever want to meet.

Dio organized an all-star charity collaboration in 1986 called "Hear N Aid" to raise money for famine relief in Africa, styled on the successful "We Are The World" campaign of a few years earlier.

His solo hits included "Rainbow In The Dark," "The Last In Line" and "Holy Diver."

Wendy Dio said that friends and family were able to say their goodbyes to her husband, and asked for privacy. She concluded: "Please know he loved you all and his music will live on forever."

I remember when Ronnie James Dio became the front man for Black Sabbath. My friends and I went to see Black Sabbath at the Los Angeles Colissium in 1979-1980. It was one heck of a concert. When Ronnie James Dio belted out the classic Black Sabbath song Heaven and Hell, it was awesome.

When Dio fronted for Rainbow and Richie Blackmore, they were the best.

He was truly one of my favorite rock & roll vocalist of all time; he will be missed.

California Motorcycle Accident Attorney & Biker Lawyer

**** 5/16/10 Update: Officer found guilty in shooting of sitting biker, see below for link.

**** 5/12/10 Update: See Video of shooting victim testifying in Court below.

When you are stopped by the Police in your car, on your motorcycle, or other motor vehicle, it is usually because the police think you have done something wrong.

It is very important that you keep your hands visible to the police officers for various reasons, the most important of which is so that you do not get shot or tasered.

Here is a link to some very disturbing video of a man being shot by the police while sitting on his motorcycle; click here to see video and story. The police officer is facing felony charges. The man who was shot is paralyzed as a result.

The police officers defense attorney is arguing that the police thought that this man had a gun. Judging by the video, it looks like a cold blooded shooting that was unjustified, however if you put yourself in the officers shoes, how did he know for sure that the biker did not have a gun when he turned toward him? If you were a cop, what would you do under similar circumstances?

I for one, sure the hell do not want to be the victim of a shooting such as this; who does?

There are a few things you can do to ensure that your encounters with law enforcement are safer for you and for law enforcement.

If you are in a car or other enclosed vehicle, turn off you ignition, place your car keys on the dash board, and keep your hands on the steering wheel. If the officer asks for your license and registration, ask the officer if it is ok to remove your hands from the wheel, and tell him where you are going to reach to get the information he or she is requesting. Once you get the information, put your hands back on the steering wheel until allowed to leave by the officer.

If you on a motorcycle, turn off the motorcycle, put you hands on the handlebars, and wait for the officer to approach. Do not remove your hands from the handlebars until the officer asks for your license and registration, at which time ask for permission to remove your hands from the handlebars, and inform the officer where you will be reaching.

In either case, do not exit your vehicle unless asked to do so, and do not get off of your motorcycle unless asked to do so.

I know many of you are thinking that having to do this is plain wrong. The purpose of the above exercise is not being right or wrong; it is to protect your life by assuring the police that you are not a threat.

I am not sure if this above procedure would have prevented the shooting of the guy on the motorcycle in the video, only god knows.

Officer found guilty for shooting, click here for story.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2010

Well the year 2010 is turning out to be a real interesting time for me in my life. Along with getting hitched in January, and upgrading my Electra Glide, this year is turning out to be a significant year for me.

I am completing the process of opening an office in Palmdale, CA which will handle not only Personal Injury, Family Law, and Civil Litigation, but I am staffing the office to be a pre-litigation hub along with my Norwalk, CA office.

Once Palmdale is completed and staffed, pre-litigation for Personal Injury for the entire State of California will be handled out of two offices. This will be a good thing for my car accident, motorcycle accident, truck accident, motor vehicle accident, slip and fall, and other personal injury clients.

We just completed the first phase of upgrading our telephone system. As always new clients can call 800-816-1529 x. 1, 7 days per week, 24 hours per day, to speak to an attorney and get a free consultation on your case. Our aim is to have an attorney on call all of the time for new clients.

We are also planning on revamping our websites, so that they are compatible with the new XML standards, and so that they are more streamlined.

This blog, the Biker Law Blog, will also change software platforms as well to ensure its continued success into the future. With about 1 million hits per month, this blog is successful beyond my wildest dreams. I conceived this blog as a way to discuss motorcycle legal, safety, and other issues, as well as discuss rides and other off topic articles. The Biker Law Blog has instead become a trusted source of information in the motorcycle community worldwide.

We have gone green as well. I have been one of the legal industry pioneer’s when it comes to the paperless office. I wrote a ground breaking article on the subject early in 1999 which was published in Law Office Computing Magazine. From that article, Los Angeles Lawyer magazine, in 1999, and California Lawyer Magazine in 2000, wrote stories about my efforts to go paperless. These articles were mentioned in other publications as well.

Before I became an attorney, I was a Senior Tele/Data Communications Engineer for various manufacturers, and had the opportunity to be on the cutting edge of technology. This expertise has allowed me to utilize technology within my own firm to not only cut cost for my clients, but to help save the environment as well.

By digitizing our documents, we save countless trees, which helps save the environment. By utilizing services like Court Call whenever possible, we help to reduce carbon emissions, by telecommuting to Court. There is no reason to waste paper and ink anymore.

We are not only trying to help the environment, but we are set up to cater to our clients. You see we come to our clients instead of making our clients come to us. As a matter of fact, in many cases the only time our clients ever have to come into our office is to pick up their settlement check if they do not want to wait for the mail. We use cutting edge technology to communicate with our clients, thus saving them money by reducing our overhead.

There are many law firms out there that will charge you anywhere from $300 to $1,500 and up just for basic costs and expenses on personal injury cases that settle pre-litigation. Heck, some firms even charge an administrative fee to handle property damage. This, excuse my French is bullshit!

My clients know that we are straight shooters. My firm has no “Minimum” expense charge. We only charge actual costs and expenses, which we try to keep as low as possible so that you get more money in your pocket.

We handle personal injury property claims for our personal injury clients "FOR FREE." There is no so-called administrative fee for handling property claims in my office and there never will be.

If you are selling yourself short by going to a personal injury firm that takes a cut out of your property claim you are a fool!

Heck, call us now, we will help you to switch your case over to our law firm.

This year is a season of changes in my life; it is an exciting time for me one day at a time.

On the motorcycle front, I have purchased a couple of pairs of slip on mufflers, and am going to experiment in the next couple of weeks, as to which pair I will keep on. Right now I am running Screaming Eagles with a Stage 1 setup.

I have also decided to upgrade the stereo system on my Harley Davidson Electra Glide from the Harley Davidson Advanced Sound System, to an aftermarket solution with will enable me to integrate MP3, WMV, AAC and other digital formats directly into the head unit, as well as high definition tuning for the radio, Satellite Radio, direct iPod control, BlueTooth, and the ability to directly address a USB mass storage device from the head unit.

The reason for the sound system upgrade is because I am a long distance rider. So far in the last month I have rode the Yuma Prison Run, and the Laughlin River Run. Next month I am riding to Yosemite, Carson City, NV, and Lake Tahoe with some friends. My wife and I will be riding to Sturgis, SD for the biggest motorcycle rally in the world, Sturgis. (When I get to the rallies I will walk up to my so-called Motorcycle Lawyer competition who will be in booths, and laugh at them as usual. None of them actually ride; losers~~~anyway….)

It will be nice to not only be able to enjoy my entire music library while on the road, but also be to listen to quality satellite radio even in the middle of the desert.

So there it is for now, a season of change. I look forward to sharing new and exciting things with all of you soon.

By California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., © 2010

In December 2009, I took a little ride to Las Vegas. I was supposed to meet up with some friends along the way, but I ended up not meeting up with them until we got to Nevada.

Now I know some of you cannot ride in December due to snow and weather. Well here on the South West Coast we basically have year round riding. The below video proves it.

For me as a true Biker Lawyer and Motorcycle Accident Attorney, just give me an excuse to ride and I will be there. Unlike some other poser attorney’s out there claiming that they are “Motorcycle Attorney’s.” I am the real deal.

I have literally met up with hundreds if not thousands of Bikers and Motorcyclist from all over the United States and Europe. I love riding my motorcycle just like you do.

I love riding my motorcycle to Las Vegas, Nevada. Not necessarily because I like going to Las Vegas, but I flat out like to ride my motorcycle, and Las Vegas is another excuse to ride.

I shot this video during a ride to Las Vegas in December 2009. Some of the video was shot while riding my Electra Glide, with me holding my HD camcorder in my left hand, while holding the handlebar and throttle with my right hand.

Toward the end of the video, I took some video of me riding with my friends in a pack. This video is unique in that you can get in the saddle with me and see what it is like ride an Electra Glide solo and in a pack.

I am planning on taking many more videos of my rides in the future.

Enjoy!

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2010

See Videos Below

Well the title says it all, my wife and I owe our lives to god after this years Laughlin River Run. I will explain below.

If you did not know it, it is said that the Laughlin River Run is the largest motorcycle rally in the western United States, and some people say that it is the second largest motorcycle rally in the nation next to Sturgis. It is a great time.

You can read an article I wrote about a previous Laughlin River Run that I did by clicking here.

This year’s run began when we packed up my Harley Davidson Electra Glide to go to the Laughlin River Run 2010 on Friday, April 23, 2010.

Since I had to be in Court early Friday morning in Victorville, CA, we could not leave for the Laughlin River Run until Friday afternoon. Many of my friends left on the Thursday, the day before, but I could not go with them because I had to be in Court.

Therefore my wife and I planned on riding alone to Laughlin. By the time I did my pre-ride routine, and we got the motorcycle all packed up, it was very late. We did not get out of dodge until around 7pm; it was already dusk. I had to make a couple of stops along the way before we got on the road. Read the rest of the article below the videos.

By the time we hit the Pearblossom Highway, it was almost dark. We made good time to Victorville and onto the I-15 east. We stopped at Denny’s in Barstow and had dinner because we knew we would not get into Laughlin until around 1am or so according to the GPS.

Once back on the road we made good time from the I-15 to the I-40 split. If any of you have ridden on the I-40 between Barstow and Needles, you know that this is amongst the most isolated and desolate places in the United States. This is the Mohave Desert and there is nothing there except Rattlesnakes, Scorpions, and a couple of gas stations along the way.

Read more »

*** 4/21/10 Update - See the Short Video Below!

Living in Southern California we are blessed with year round riding. However, when April comes along there are several west coast biker rallies that take place every year. The Yuma Prison Run is one of those rallies. This is my review of this years rally.

This year the Yuma Prison Run was scheduled for the weekend of April 16-18, 2010. You can check out the Yuma Prison Run website by clicking here now.

The Yuma Prison Run is put on by the Norwalk Motorcycle Club, and has been an ongoing charity event since 1961; two years before I was born! The run is in Yuma, Arizona, and is located at the Yuma County Fair.

I decided to ride to this rally months ago. The rally location is approximately 300 miles from my home one way, or around 600 miles round trip, not including the miles I put on at or near the event once I get there. I consider this to be a medium distance sleepover run.

If any of you have read my blog, you will see many articles where I mention my fiancé. Well since we got married on January 31, 2010, she will now be referred to as my wife. I am still getting used to saying it! We have been together for 9 years, but wife is a new term in my life.

As usual, I started getting anxious and excited the night before we took off for the rally. I have been riding for many years, but it does not matter. Any of you who ride like I do know exactly what I am talking about; biker rallies are analogous to going to an amusement park when you are a kid.

There are not too many things that adults can look forward to that are fun and exciting like a good old fashioned biker rally. Unlike vacation travel, riding to a biker rally is different. It involves physically getting on your motorcycle and riding to and from the event. It is a much more involved and physical experience than just jumping on a plane and going somewhere. I am not going to even mention the ubiquitous trailer queens who don’t actually ride to an event; they are not worth mentioning!

My wife and I packed up my Harley Davidson Electra Glide on the Thursday before the Yuma Prison Run. The Harley Davidson hard saddle bags and tour pak really makes it much easier to pack up and go then in the past where I have had to squeeze everything for two into special motorcycle travel luggage. (Which I still have)

Since this is a 3 day, 2 night rally we try to pack as light as possible. As usual, I had reservations at one of the two Motel 6’s in town. Motel 6 is set up with laundry rooms, so worst case scenario; you can wash your clothes if you have to. What this means is that you do not have to pack as many clothes, which saves room on the motorcycle.

Hell if you are like me and are toting along your wife, you will need the extra room, because she will use it up :)

Basically we had the motorcycle mostly packed up on Thursday night, the day before we left.

Read more »

The dump truck driver responsible for the deaths of four motorcyclists in a horrendous rear ender crash in Arizona has been arrested after toxicology results found methamphetamine was in his system on the day of the crash.

46-year-old Michael Jakscht is being charged with 4 counts of manslaughter, 5 counts of aggravated assault, and 7 counts of endangerment. He is being booked into the Maricopa County Jail.

Phoenix Police say that Jakscht was driving the truck that plowed through a group of eight motorcycles stopped at a red light at Carefree Hwy and 27th Ave back on March 25.

Three men caught under the truck and dragged were killed almost instantly. They were 67-year-old Clyde R. Nachand, 35-year-old Daniel L. Butler, and 52-year-old Stephen Punch. A female driver, 47-year-old Dayle Veronica Downs-Totonchi, died the next day from her injuries.

Phoenix Fire Captain Ernie Lizarraga was also one of the several victims seriously injured.

Officers arrested Jakscht Tuesday in the area of Highland and State Route 51.

Jakscht was being watched at his residence in Scottsdale. The surveillance team saw him leave and he was stopped by officers who observed impaired driving behavior.

Jakscht has been under surveillance ever since the fatal crash, as police waited for toxicology test results. The test results were completed in record time and illegal drugs -- methamphetamine -- were found present in Jakscht's system, according to police.

Crime lab tests usually take between 4 to 6 weeks, but police made this test a priority and it was completed in two.

There are possible charges pending for impaired driving.

The accident is still under investigation.

I cannot believe that Arizona waited so long to arrest this guy.

California Motorcycle Accident Attorney Website

Today, Jessie James has been cited for vandalism by the Violent Crimes unit of the Long Beach Police Department after approaching and threatening a celebrity photographer parked across the street from the location of a West Coast Choppers Place press conference. The actual incident took place on March 25, 2010.

It is alleged that James blocked the photographer’s car with a motorcycle and yelled at him through the driver’s side window as a friend struck the car’s windows with a knife and slashed three tires. It was all caught on video.

The photographer was also cited for stalking James, but it’s the celebrity that took the biggest hit.

The photographer never would have been there, of course, if news had not broke a few weeks ago that James had been unfaithful to his movie star with Sandra Bullock – his wife of five years this July – with a variety of women.

Then came the photos of Jesse James posing as Adolf Hitler – years before meeting Bullock – and the questions of possible neo-Nazism were not far behind.

I hope Jessie James gets some treatment for anger management while he is in rehab. He is lucky because this incident could have been much worse if the photographer was actually struck with glass, or had a heart attack or something like that.

A quick outburst of anger has ruined many of men's lives.

Jesse James must be thinking that it was nice while it lasted. However, I have a feeling that he is going to be OK.

Los Angeles Motorcycle Accident Attorney Website

The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.

Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.

Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.

The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.

The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.

Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.

The Federal Highway Administration will fund a study by Oklahoma State University's Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.

The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.

The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.

Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.

The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.

Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.

The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.

If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!

By California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., © 2010

**** 4/28/10 UPDATE - Sandra Bullock has filed for divorce. What would you do if you found out your spouse was sleeping with multiple partners?

LOS ANGELES – California

At least three women have come forward claiming to have had an affair with Sandra Bullock's husband Jesse James, and a fourth is said to be considering her options.

Attorney Gloria Allred says she's representing the fourth mistress -- "a beautiful model and business woman" who says she "had an intimate 3 year relationship" with James.

That relationship reportedly ended just weeks ago.

"He pursued her and he had strong feelings for her," Allred said in a statement.

According to Allred, "She is in the process of trying to decide if she will come forward."

Allred added that the woman has "hundreds" of texts, e-mails and photos to back up her story.

Tattoo model Michelle "Bombshell" McGee was the first woman to come forward alleging an affair with James.

Us Weekly reports that James, 40, would regularly post Internet ads looking for "hot, tattooed biker chicks with big boobs," and then invite the girls back to his West Coast Choppers bike shop in Long Beach.

James' infidelity has been an openly-known secret among employees at the bike shop, the magazine says, adding that James "gets bored" when Bullock is away.

A second woman, stripper Melissa Smith, has claimed she had a two-year affair with the celebrity biker starting in 2006.

Like McGee, Smith is heavily tattooed.

Smith has said that after she traveled to California to meet James, they began a sexual relationship that continued for two years.

A former high-level, female executive with the bike shop also settled a sexual harassment claim against James and West Coast Choppers for $725,000 in 2007, while he was married to Bullock, TMZ is reporting.

Gloria Allred, whose firm represented Deann McClung, is refusing to comment on the allegations.

McClung, who kept several suggestive emails, said that between 2006 and 2007, James repeatedly made sexual advances, which allegedly included sexual acts, the site reported.

TMZ reported that McClung also claims she kept a T-shirt with evidence of a sexual encounter with James.

McClung eventually quit and filed a sexual harassment lawsuit.

In the settlement documents, James reportedly neither admitted nor denied the allegations.

James apologized for using "poor judgment" and asked his family to forgive him following revelations by McGee that the two had a year-long affair while Bullock was away filming "The Blind Side."

Read more »

PHOENIX — Arizona

**** 3-29-10 Update: There was a big turnout of bikers to pay homage to the downed bikers who were killed and injured in the horrible accident. You can see a video by clicking here.

**** 3-27-10 Update: 4th person died in this crash. I have modified the title to reflect this fact. The victims, and the person who caused this crash are also identified. You can read about it, and see a video by clicking here.

**** 3-26-10 Update: Here is a link to another article on this horrible crash and a video. Click Here

A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.

The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.

The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.

There was no sign the truck driver was impaired.

Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders' boots laying in the roadway.

"It's a horrific scene," Phoenix Fire Deputy Chief Frank Salomon said.

Some of the injured were airlifted to St. Joseph's Hospital in Phoenix, Salomon said.

The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.

Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.

"The first thing we saw was a big puff of smoke when the truck lit on fire," he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.

Dozens of police and rescue personnel responded to the crash.

Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.

The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.

The Carefree Highway was expected to be closed for several hours as police investigate the crash.

Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.

You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.

This accident is absolutely atrocious and horrible.

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, 2010

Tens of thousands of Californians are obtaining medical marijuana recommendations from physicians so they can use pot without fear of arrest.

But they still can lose their jobs, and be arrested for being under the influence of marijuana and driving.

California's Proposition 215, passed by voters in 1996, approved the use of marijuana for a wide range of ailments. But it doesn't require employers to make accommodations or waive any workplace rules for legal cannabis users.

And a state Supreme Court ruling affirmed that medical pot use can get you fired by a disapproving employer.

Christian Hughes, 33, just found that out.

For five years, he was a manager at a senior citizens apartment complex near Redding. Unknown to residents, he used marijuana to dull pain from a jaw shattered in a car accident.

Recently, a new company bought the apartment complex and ordered drug testing for employees. "I tried to explain my situation," Hughes said.

After his test results came in last month, he was dismissed.

Joe Elford, legal counsel for Americans for Safe Access, an advocate for medical marijuana patients, said people such as Hughes don't have much protection.

"The California Supreme Court gave carte blanche for employers to discriminate against medical marijuana patients," Elford said. "However, that doesn't mean they have to."

Elford argued before the state Supreme Court on behalf of Gary Ross in a landmark 2008 case.

Ross, of Carmichael, was fired after 10 days as a lead systems administrator for a Sacramento firm, RagingWire Telecommunications.

He told a clinician performing a drug test as a condition of his hiring that he had a medical marijuana recommendation for back pain and spasms from injuries sustained in the U.S. Air Force. When the results came in, Ross was out of work.

The Supreme Court rejected his argument that he was protected from job discrimination under the California Fair Employment and Housing Act as a qualified pot patient under Proposition 215.

"Nothing in the text or history of the (Proposition 215) Compassionate Use Act suggests that the voters intended the measure to address the respective rights and obligations of employers and employees," the court ruled.

Advocates for private employers argued strenuously against legislation – advanced after the court decision – to ban discrimination in hiring or firing of workers for being medical marijuana patients.

The California Chamber of Commerce fought the legislation, Assembly Bill 2279 by then-Assemblyman Mark Leno, D-San Francisco. It hasn't eased its opposition to workplace protections for medical pot.

"It really boils down to this: An employer's right to maintain a drug-free workplace is critical," said Denise Davis, the California Chamber's vice president for media relations. "It protects the safety of all workers and limits exposure to potentially costly litigation."

Sacramento's largest employer – the state of California – has no policy in place when it comes to medical marijuana, said Lynelle Jolley, a spokeswoman for the Department of Personnel Administration.

Forty state agencies can dismiss employees based on tests for "reasonable suspicion" of drug or alcohol use. They include the Highway Patrol, Department of Corrections and Rehabilitation, Department of Motor Vehicles, Lottery Commission, California Public Employees' Retirement System and Museum of Science and Industry.

The U.S. Department of Transportation declared last year that workers from aircraft pilots to school bus drivers can't legally smoke pot, even in states allowing medical use.

In Rancho Cordova, GenCorp Inc., a major regional employer that relies heavily on federal contracts, has a strict anti-marijuana policy.

"GenCorp and its company, Aerojet, are a drug-free workplace," said spokeswoman Linda Cutler. "We do not accommodate medical marijuana. Under federal law it is still an illegal drug, and we are a federal contractor."

Gargoyle, another large employer in the region, requires job candidates to pass a drug test as a condition of hiring and makes no allowances for people with a medical pot recommendation. Drivers of heavy trucks face random tests. Employees from press operators to reporters may be subject to discipline for on-the-job accidents attributed to drugs, alcohol or performance-altering medications.

The pot issue recently arose in Michigan when a Wal-Mart store fired Joseph Casias, an employee who had been using marijuana under Michigan's medical pot law for pain from sinus cancer and a brain tumor. Casias claimed he never came to work high. But he was fired this month after being tested for drugs following an on-the-job knee injury.

Leno, now a state senator, still hopes for a California solution governing medical pot in the workplace.

"When voters supported Proposition 215, the Compassionate Use Act, they didn't intend use of medical marijuana only for those who are unemployed," Leno said.

His 2008 bill would have allowed employers to fire workers who were impaired on the job. But it would have protected employees from being targeted because they have a medical pot recommendation or test positive for marijuana.

The bill passed both houses of the Legislature but was vetoed by Gov. Arnold Schwarzenegger.

The state Supreme Court clearly decided employers can set any rules they want when it comes to medical pot. But he said there may be a narrow legal window to challenge drug tests ordered without cause.

However, you cannot just test somebody because you think they're a pothead or someone saw them walking out of a cannabis club.

Recently I just got a call from a person whose car was searched after Police officers pulled her over, smelled pot in the car, and observed a pot pipe sitting on the seat.

She ranted and raved about the fact that she had a marijuana card, that she was sick, and that it was an illegal arrest; WRONG.

I explained to her that drinking alcohol is legal in the State as well, however, you are not allowed to drink and drive, or have an open container in the car, so why would she think that she can smoke dope in her car.

Under California’s medical marijuana law, you are allowed to use marijuana, but you are not allowed to smoke it or ingest it while driving. This is also true for certain prescription drugs which impair your driving ability.

So there you go; and employer can fire you for marijuana use even though it is legal to use if you have medical marijuana card and you cannot use marijuana and drive.

By California Motorcycle Accident Lawyer and California Biker Attorney Norman Gregory Fernandez, Esq., © 2010