Biker and Motorcycle Lawyer Blog / Blawg

I am always preaching about motorcycle safety to everyone I know. I have written many articles on motorcycle safety here on the Biker Law Blog.

This summer is turning out to be the absolute worst motorcycle accident season that I have ever seen as a biker. I am gauging my analysis on the number of calls coming into my office, and reports of motorcycle accidents that I get from all over the world.

I assume that the rise in gas prices and the increase in motorcycle popularity are the main factors in the vast increase in accidents. However, I am getting calls from guys with many years of riding experience!

Whatever the cause of the vast increase in motorcycle accidents this summer may be, I will again reiterate some basic motorcycle safety tips:

(1) Do not ride your motorcycle until you take a certified Motorcycle Rider Safety Course.

(2) If you are an experienced rider, or you have purchased a new motorcycle, take an advanced Motorcycle Rider Safety Course. Remember you do not really know your motorcycle until you have ridden it at least 1000 miles.

(3) No matter how experienced you think you may be on your motorcycle, practice makes perfect. You must careful all of the time.

(4) Assume that cagers and people in other motor vehicles do not see you!

(5) Always wear a helmet, leathers, gloves, boots, and proper riding attire, even if it is hot. You may not look as cool, but if the meat hits the pavement, the pavement wins. It is always better to go home to ride another day.

(6) Do not tailgate Cars.

(7) Keep you motorcycle in gear when stopped, and always monitor your rear view mirrors for someone who looks like they are going to rear end you. Always plan an escape route at stop lights.

(8) Always cover when going through intersections. Assume that someone will turn left in front of you or blow through a red light.

(9) Make sure that your insurance is up to date and that you have at least $500,000 in liability, underinsured, and uninsured motorist coverage. It may cost a bit more, but if you do go down, you want to have enough insurance to cover your passenger, and you.

(10) Always keep an emergency card with you while riding. The emergency card should contain emergency contact names and numbers, relevant medical information such as blood type, medications, health problems, etc.

(11) NEVER DRINK ALCOHOL OR USE DRUGS WHEN RIDING YOUR MOTORCYCLE, PEROID!

(12) Always inspect your motorcycle and tires before riding. Look for loose screws, bolts, nuts and tighten them. Check your tires for pressure, and wear.

Riding your motorcycle can and should be one of the most pleasurable things in your life. Take it easy out there. Remember it is not the destination that matters; it is the ride that counts!

You can read many more safety tips here on the Biker Law Blog by clicking on the Safety Tips button on the top of the Blog.

Keep Both Wheels on the Road!

By Norman Gregory Fernandez, Esq., © 2007

I have been reading articles all over the internet about a lawyer who is challenging the Denver noise ordinance on the basis that Police Motorcycles that are Harley Davidson’s do not meet Denver’s 80 decibel noise standard, therefore the law as enacted is arbitrary and unduly broad.

The trouble with the article I have been reading is that no one has named the lawyer. It is almost like a rumor as far as I am concerned. If someone knows the name of the lawyer, please post a comment on this article so I can contact the lawyer.

I have a big problem with the basis for challenging the law. In most States and municipalities, law enforcement vehicles are exempt from ordinary traffic laws so that they can do their job.

Arguing that the Police stock Harley Davidson Motorcycles that the police in Denver use, do not meet the 80db standard seems almost ludicrous as a basis for setting aside the law. What the argument is basically saying is that no stock Harley Davidson’s would be within the law. This would give the police a basis for pulling over all Harley Davidson Motorcycles!

I do not like where this is going. If anyone has any information on the challenge to the noise law in Denver please contact me. You can also shoot me an email through the system by clicking the email icon next to my name.

By Norman Gregory Fernandez, Esq., © 2007

**** Update July 16, 2007, 2:55pm P.S.T. - We have Video of the Event! See Below.

When I received word of the newspaper article I am referencing in this article, and read the article, I basically did not believe the story. There is a link to the article at the bottom of my opinion editorial.

The article states that “hundreds of motorcyclist” tied up or stopped traffic on the busy Interstate 15, 215, 91, 10, and 60 freeways so that they could do crazy stunts on the freeways. This happened in the Inland Empire, Southern California, and the freeways where the incident's allegedly occurred are amongst the busiest freeways in the world, especially during weekday traffic. The incident described in this article occurred on Saturday, July 14, 2007, a non-weekday.

According to the article these bikers were doing wheelies, riding on their handle bars, standing on their seats and tanks, etc., while riding at very high speeds.

Apparently, as it was written, many of these bikers were filming their antics. The California Highway Patrol received hundreds of reports of these incidents from 9:00am to 4:30pm, but were unable to catch any of the alleged offenders.

There are several witness accounts of what happened contained in the article, which gives the article credibility. I myself have not fact checked the article, but I am referencing the article and giving an opinion on the same.

Apparently, there is a new type of thing going on with a minority of sport motorcycles riders called “Sideshows.” Actually I have witnessed these antics for years, but did not know that there is a name for it until I read the article.

These so called Sideshows are giving bikers and motorcyclist a bad name in general because we are all being lumped in with the bad apples.

What allegedly happened this last Saturday blows my mind. The article states that the bikers doing these antics are usually in their teens or twenties, and that they are riding imported racing bikes rather than Harley Davidson motorcycles which are preferred by older riders.

What these so called Sideshow riders are doing is not only illegal, and endangering the lives of themselves and others on the road, but they are now giving all bikers and motorcyclist a bad name. Unless this activity is stopped, you mark my words that laws will be enacted, that will adversely affect all bikers and motorcyclist, even the so-called older generation that prefer Harley Davidson motorcycles.

All I can say is this; I repeat my call for all bikers and motorcyclist to assert peer pressure on the idiots that are ruining it for the rest of us, to stop this sideshow activity on public roads.

These idiots do not realize that they do not mess around here in California. The freeways are too busy, and too many people are in danger. A weekend of lawlessness, could result in years of rousting of bikers by law enforcement, and numerous new laws and penalties which will affect all of us, just because a bunch of young bikers on sport motorcycles want to perform stunts on the freeways of Southern California.

I again call for the guys that are doing this to take it off the public roads, and especially freeways.

As I write this article I kind of feel like the Zair's (A 70’s San Fernando Valley Term for Parent) who wrote about the first Hollister Independence day rally and the supposed shenanigans that took place their.

This is different, these antic’s allegedly happened on major Southern California Freeways, by Hundred’s of bikers, and were witnessed by Hundreds of non bikers. I sure the hell do not want to suffer because of the antics of a few bad apples, and I am sure that my fellow law abiding bikers feel the same way.

CLICK HERE to read the article that I am referring to that was put out by the Press Enterprise and tell me what you think. I would really like to hear from anyone that actually saw what happened.

*** Update 7-16-07, 2:55pm, PST. Well, there is video of what happened this weekend. I guess the word allegedly should be taken out of the mix. It really happened. I am posting the video here, not to give these guys free publicity, but to show how screwed up things got this weekend. It is crap like this that is going to hurt other bikers, motorcyclist, and motorcycle clubs. Why should we all suffer because of this crap?

This is not your usual ride report from me. I was unable to ride to the newly revamped Hollister Motorcycle Rally this year; thank god. This ride report is a first hand account of the rally from a very good friend of mine who rode to the rally for the first time, with his old lady.

First off, I have ridden to the Hollister Independence Day Motorcycle Rally for many years, excluding last year when it was cancelled by some very idiotic town leaders. They were idiotic because they probably lost millions of dollars in revenue by cancelling the rally, which is why they brought it back this year.

In the past the rally was an awesome 3 day event. All of the motorcycles were parked on both sides of San Benito Blvd., and in the center, all the way down the main drag. There were the usual vendors, bands kicking ass not only on the drag, but at houses past the commercial part of San Benito Blvd. It was a laid back rally with plenty of partying and fun for all. This has all apparently changed.

It seems the newly revamped rally has turned into a law enforcement nightmare from hell that for me makes the event no longer palatable.

The first hand account that I received from my friend who I will refer to as XYZ here, was given to me today.

When he arrived at the rally with his old lady, (It was his first and last time doing this rally) he found the main drag completely closed off to motorcycles. I have never heard of a motorcycle rally where they close off the main drag to motorcycles. That is like having a tattoo convention closed off to people with tattoos!

XYZ noted that he has never seen so many law enforcement officers, from so many agencies, all in one place at the same time. He said that many of them seem to be decked out in full combat gear. He said it was bizarre. Furthermore, he stated that the entire time he was at the rally, there were multiple Police helicopters in the sky the entire time. The sound from the helicopters was so bad that you could not even hear one another talking in the street.

He and the other bikers and motorcyclist were directed to parking lots off of the main drag, and onto side streets by what he described as hordes of law enforcement personnel from multiple law enforcement agencies.

Now I am a law abiding guy, as well as XYZ. Neither of us has a criminal record, or anything to worry about from law enforcement. We respect the law, and we both just ride because we are bikers and like to ride our motorcycles.

As XYZ explained to me, he was directed to park along a side street by law enforcement when he arrived. There was an area that was coned off, with a bunch of other motorcycles parked in the coned off area. No big deal, he parked his custom Softail with the other motorcycles.

Within 5 minutes of getting off his motorcycle and walking to the main drag, he was confronted by a law enforcement officer who told him that he had to surrender his 3 and 1/2 inch folding pocket knife. Just so you know, pursuant to California State Law, you are allowed to carry a concealed knife with a blade that is no more than 3 and ½ inches, otherwise the knife has to be carried openly in a sheath and not concealed in any way.

Just for the record XYZ is not in any motorcycle club, and was just wearing a T-Shirt, jeans, and riding boots! He presented as an ordinary biker and motorcyclist.

XYZ knows a thing or two about the law and politely asked the law enforcement officer what law gave him the right to confiscate his pocket knife when he had done nothing wrong. The law enforcement officer told him that a temporary law had been enacted in Hollister for the weekend prohibiting anyone from having any kind of knife.

XYZ knowing that this was a flat out lie, asked the officer to show him any sign that advised the public that a temporary emergency law had been enacted to prohibit anyone from carrying any kind of a knife. The officer then asked XYZ if he was an attorney or something. XYZ said no, but that he knew the law. The officer then changed his tune and said that he would not confiscate his folding pocket knife so long as he did not clip it on the inside of his pocket, and that he must put it all the way in his pocket, and that if any other law enforcement officer approached him during the event, he would have to tell them that he had a pocket knife in his pocket.

My astonishment upon hearing this story was of amazement. I will get into this more later.

Rather than further argue with the officer and potentially risking being arrested or something, XYZ complied with the officers order and put his 3 and ½ pocket knife all the way in his pocket rather than clipping into the inside of his pocket.

XYZ and his old lady then walked the main drag on San Benito, (no motorcycles parked there at all) checked out the vendors, and a local watering hole.

They then decided to split and ride to their hotel which was about 10 miles out of town. When they walked to where they were directed to park by law enforcement, all the bikes that were parked where the cones were laid out were gone and there were no cones.

He was shocked just as anyone would be. He called the Hollister Police Department to find out if his motorcycle was stolen or towed. He was told that his motorcycle was towed and that he would not be able to get it back until Monday morning.

Imagine going to a motorcycle rally, being told to park somewhere by law enforcement, only to be told on a Saturday that your motorcycle had been towed, and there would no way to get it back until Monday morning, especially if your motel was 10 miles away! I could not imagine it.

XYZ and his old lady then walked to the Police Station to see what they could do. They begged, argued, and did everything that they could to get their motorcycle out of the impound lot, while at the Hollister Police Department for 5 hours to no avail. A lady officer told them that they would not even get the necessary paperwork for the impound of his motorcycle until Monday because of the rally, and because they did not have the resources. She was extremely rude. XYZ was told in no uncertain terms that if did not leave he would be arrested for obstruction.

Then to make matters worse XYZ tried to call a cab so that he and his old lady could get back to their hotel, only to hear a recording that there would be no cab service during the rally weekend.

What could they do; they proceeded to start walking the 10 mile distance to the motel. He was wearing motorcycle boots, and she was wearing high heels.

If anyone of you has ever been to Hollister, you have to realize that it is a tiny town in the middle of no where. Literally once you get off of the main drag, there is nothing but farmland and open land. There is nothing there!

They were about two miles out walking on the road, when of all people, a tow truck driver stopped and offered to give them a lift. Apparently the tow truck company made a killing for the town on this weekend. The tow truck driver told them that he had to go tow another motorcycle, and then he would pick them up on the way back, which he did.

They got back to their motel, and were basically stuck waiting until Monday to get the motorcycle out of impound.

When XYZ got to the impound lot, both of his motorcycle tires were flat, and there was a scratch on his custom paint. He asked the impound people why his tires were flat. He was told that they did not know, but they would probably be OK if he just put some air in them. Sure enough, when he put air in the tires, they were OK. Apparently the impound lot let the air out the tires on purpose. After some discussion XYZ and I figured that they probably let the air out of the tires to make it harder for someone to roll the motorcycle out of the impound lot. With respect to the scratch, it was there and there was not a damm thing he could do about it.

XYZ finally made it home from his nightmare first and last Hollister Independence day rally late Monday night. He missed a day of work because of the BS he was put through in Hollister.

I have been to literally hundreds of rallies in my years; so has XYZ, I have never heard of such a horror story. XYZ was rousted for no other reason than the fact that he is a biker, had his motorcycle towed because he made the mistake of following law enforcements orders on where to park, he had to wait two days to get his motorcycle out of the impound yard, and his custom paint was scratched to boot. XYZ states that he will never ride Hollister again.

My take on Hollister 2007, is that they brought the rally back, and then proceeded to roust and rip-off unsuspecting bikers. The parking and tow thing sounds like some kind of scam to put money into the city coffers. The unprecedented law enforcement turnout was way out of line. Above all, what kind of motorcycle rally prohibits motorcycles from parking on the main drag?

With respect to law enforcement basically lying to XYZ about carrying a pocket knife, all I can say is that this cannot be tolerated whatsoever. I am sure that many unsuspecting bikers gave up legal pocket knives because of the BS they were being told by law enforcement. I myself always carry a legal folder when riding, or doing almost anything. A good pocket knife always seems to come in handy, and they are legal.

We cannot have police officers or the government lying to the public about the law, and their rights. This seems like a worsening trend since Bush II took office. However, I am not going to discuss politics in this article.

Suffices is to say, I am glad that I did not ride Hollister this year, and unless I hear that they have brought back the rally like it used to be, then they will not be seeing me or my money again. I trust XYZ’s account of what happened. I am not going to ride 800 miles round trip to be subjected to the same kind of BS that XYZ and his old lady were. When I ride Hollister, I usually stay 20-30 miles out and sometimes more. I can only imagine what BS it would have been if it were me.

This is a true account of Hollister, 2007. No matter what you read to the contrary, this is how it really was this year.

By Norman Gregory Fernandez, Esq., © 2007

I recently previewed a video which was put out by Honda Motor Corporation on their new intelligent ASV-3 motorcycle. This motorcycle was specifically designed to address the major issues which cause motorcycle accidents. A link to the video is provided at the end of this article.

My first impression upon seeing the motorcycle was that it looked ridicules, and looked like it had a pagoda or rickshaw canopy on the back. Matter of fact, it kind of looks like a Scorpion tail! I thought to myself there is no way in hell that I would ride a motorcycle that looked like this.

However, after watching the entire video, I must say that I do commend Honda for at least trying to develop a built in intelligent system to prevent motorcycle accidents.

The pagoda looking thing on the back actually serves multiple purposes; it is designed to make the motorcycle more conspicuous on the road, so that the motorcycle will catch cager’s attention. There is no doubt that this thing will get everyone’s attention! It also has a built in forward and rear camera, and an intelligent computer system to warn a rider of hazards.

The motorcycle also incorporates a vehicle to vehicle warning system that Honda has developed for cars, motorcycles, and other motor vehicles.

While watching the video I was thinking that the voice prompts and warnings from the system would drive me crazy. I was also thinking about how such a system might in fact save countless bikers lives.

Maybe the Honda ASV-3 is the perfect commute to work type of motorcycle for safety reasons. Here in Southern California, the vast majority of motorcycle accidents happen during the infamous Southern California rush hour commute jam. I am not sure.

I do commend Honda for at least trying to do something to increase motorcycle safety, where other motorcycle manufacturers are doing little or nothing. This motorcycle may be a peek at what is to come in the 21st Century.

As for me, I would not mind the technology; so long it is hidden in the fairing of my Harley Davidson Electra Glide!

CLICK HERE TO watch a video on the new Honda Asv-3 motorcycle, and tell me what you think!

By Norman Gregory Fernandez, Esq., © 2007

IN CONGRESS, July 4th, 1776

A DECLARATION

By the REPRESENTATIVES of the

UNITED STATES OF AMERICA,

In GENERAL CONGRESS assembled.

When in the course of human Events, it becomes necessary for one People
to dissolve the Political Bands which have connected them with another,
and to assume among the Powers of the Earth, the separate and equal
Station to which the Laws of Nature and of Nature's God entitle them, a
decent Respect to the Opinions of Mankind requires that they should
declare the causes that impel them to the Separation.

We hold these Truths to be self-evident, that all Men are created
equal, that they are endowed by their Creator with certain unalienable
rights, that among these are Life, Liberty and the Pursuit of Happiness
- That to secure these Rights, Governments are instituted among Men,
deriving their just Powers from the Consent of the Governed, that
whenever any Form of Government becomes destructive of these Ends, it
is the Right of the People to alter or to abolish it, and to institute
new Government, laying its Foundation on such Principles, and
organizing its Powers in such Form, as to them shall seem most likely
to effect their Safety and Happiness. Prudence, indeed, will dictate
that Governments long established should not be changed for light and
transient Causes; and accordingly all Experience hath shewn, that
Mankind are more disposed to suffer, while Evils are sufferable, than
to right themselves by abolishing the Forms to which they are
accustomed. But when a long Train of Abuses and Usurpations, pursuing
invariably the same Object, evinces a Design to reduce them under
absolute Despotism, it is their Right, it is their Duty, to throw off
such Government, and to provide new Guards for their future Security.
Such has been the patient Sufferance of these Colonies; and such is now
the Necessity which constrains them to alter their former Systems of
Government. The History of the present King of Great- Britain is a
History of repeated Injuries and Usurpations, all having in direct
Object the Establishment of an absolute Tyranny over these States. To
prove this, let Facts be submitted to a candid World.

He has refused his Assent to Laws, the most wholesome and necessary for
the public Good.

He has forbidden his Governors to pass Laws of immediate and pressing
Importance, unless suspended in their Operation till his Assent should
be obtained; and when so suspended, he has utterly neglected to attend
to them.

He has refused to pass other Laws for the Accommodations of large
Districts of People, unless those People would relinquish the Right of
Representation in the Legislature, a Right inestimable to them, and
formidable to Tyrants only.

He has called together Legislative Bodies at Places unusual,
uncomfortable, and distant from the Depository of their Public Records,
for the sole Purpose of fatiguing them into Compliance with his
Measures.

He has dissolved Representative Houses repeatedly, for opposing with
manly Firmness his Invasions on the Rights of the People.

He has refused for a long Time, after such Dissolutions, to cause
others to be elected; whereby the Legislative Powers, incapable of
Annihilation, have returned to the People at large for their exercise;
the State remaining in the meantime exposed to all the Dangers of
Invasion from without, and Convulsions within.

He has endeavored to prevent the Population of these States; for that
Purpose obstructing the Laws of Naturalization of Foreigners; refusing
to pass others to encourage their Migrations hither, and raising the
Conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent
to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the Tenure of their
Offices, and the Amount and payment of their Salaries.

He has erected a Multitude of new Offices, and sent hither Swarms of
Officers to harass our People, and eat out their Substance.

He has kept among us, in Times of Peace, Standing Armies, without the
consent our Legislatures.

He has affected to render the Military independent of, and superior to
the Civil Power.

He has combined with others to subject us to a Jurisdiction foreign to
our Constitution, and unacknowledged by our Laws; giving his Assent to
their Acts of pretended Legislation:

For quartering large Bodies of Armed Troops among us:

For protecting them, by a mock Trial, from Punishment for any Murders
which they should commit on the Inhabitants of these States:

For cutting off our Trade with all Parts of the World:

For imposing Taxes on us without our Consent:

For depriving us, in many Cases, of the Benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended Offences:

For abolishing the free System of English Laws in a neighbouring
Province, establishing therein an arbitrary Government, and enlarging
its Boundaries, so as to render it at once an Example and fit
Instrument for introducing the same absolute Rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and
altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested
with Power to legislate for us in all Cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection
and waging War against us.

He has plundered our Seas, ravaged our Coasts, burnt our towns, and
destroyed the Lives of our People.

He is, at this Time, transporting large Armies of foreign Mercenaries
to compleat the works of Death, Desolation, and Tyranny, already begun
with circumstances of Cruelty and Perfidy, scarcely paralleled in the
most barbarous Ages, and totally unworthy of the Head of a civilized
Nation.

He has constrained our fellow Citizens taken Captive on the high Seas
to bear Arms against their Country, to become the Executioners of their
Friends and Brethren, or to fall themselves by their Hands.

He has excited domestic Insurrections amongst us, and has endeavored to
bring on the Inhabitants of our Frontiers, the merciless Indian
Savages, whose known Rule of Warfare, is an undistinguished
Destruction, of all Ages, Sexes and Conditions.

In every stage of these Oppressions we have Petitioned for Redress in
the most humble Terms: Our repeated Petitions have been answered only
by repeated Injury. A Prince, whose Character is thus marked by every
act which may define a Tyrant, is unfit to be the Ruler of a free
People.

Nor have we been wanting in Attentions to our Brittish Brethren. We
have warned them from Time to Time of Attempts by their Legislature to
extend an unwarrantable Jurisdiction over us. We have reminded them of
the Circumstances of our Emigration and Settlement here. We have
appealed to their native Justice and Magnanimity, and we have conjured
them by the Ties of our common Kindred to disavow these Usurpations,
which, would inevitably interrupt our Connections and Correspondence.
They too have been deaf to the Voice of Justice and of Consanguinity.
We must, therefore, acquiesce in the Necessity, which denounces our
Separation, and hold them, as we hold the rest of Mankind, Enemies in
War, in Peace, Friends.

We, therefore, the Representatives of the UNITED STATES OF AMERICA, in
General Congress, Assembled, appealing to the Supreme Judge of the
World for the Rectitude of our Intentions, do, in the Name, and by
Authority of the good People of these Colonies, solemnly Publish and
Declare, That these United Colonies are, and of Right ought to be, Free
and Independent States; that they are absolved from all Allegiance to
the British Crown, and that all political Connection between them and
the State of Great-Britain, is and ought to be totally dissolved; and
that as Free and Independent States, they have full Power to levy War,
conclude Peace, contract Alliances, establish Commerce, and to do all
other Acts and Things which Independent States may of right do. And for
the support of this declaration, with a firm Reliance on the Protection
of divine Providence, we mutually pledge to each other our lives, our
Fortunes, and our sacred Honor.

JOHN HANCOCK, President

Attest.
CHARLES THOMSON, Secretary.

Norman Gregory Fernandez, Esq.

When Rock and Roll used to be Rock and Roll~~ Turn up those speakers!

Norman Gregory Fernandez, Esq.