Legal issues that all Bikers and Motorcyclist should know about!

california motorcycle accident lawyer Norman Gregory Fernandez at Cooks Corner

If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome! my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer.

Click Here to find out more about me.

I created the Biker and Motorcycle Lawyer Blog to share my experience of being a biker and a lawyer.

With more and more motorcycles on the road each year, it is important for bikers and motorcyclist to know their legal rights.

You will find many interesting biker and motorcycle related law articles in this blog.

I invite bikers who want to post articles and links to contact me at law@norman-law.com.

In this section we will cover legal subjects related to bikers and motorcycles.

Articles are written by biker and motorcycle lawyer Norman Gregory Fernandez, Esq., and other authors.

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06/14/10

It looks like those Rip-Off Red Light Photo Tickets in California Might Not be Enforceable After All; Thank Goodness.

Permalink 08:45:28 pm, by Norman Gregory Fernandez, Esq. Email , 776 words   English (US)
Categories: News, Articles, Biker Rights, General Legal, Editorial, Courts, Criminal Law

red light cameraSome 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

06/07/10

Are There Any Real Biker Lawyers out there Beside Myself?

Califonria Motorcycle Accident Attorney and Biker Lawyer Norman Gregory FernandezAre 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

05/09/10

A Season of Changes; One Step at a Time

Permalink 11:50:04 pm, by Norman Gregory Fernandez, Esq. Email , 1019 words   English (US)
Categories: News, Articles, Personal Injury, General Legal, Editorial

Norman Gregory Fernandez, Esq. and Jay Leno at the Rock StoreWell 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

04/08/10

Truck Driver Charged in Fatal Arizona Motorcycle Crash

Permalink 10:35:19 pm, by Norman Gregory Fernandez, Esq. Email , 279 words   English (US)
Categories: News, Personal Injury, Biker Rights, General Legal, Editorial, Fatal Motorcycle Accident, Fatal Motorcycle Accident, Courts, Criminal Law

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.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

04/02/10

Jesse James Charged with Vandalism in Long Beach

Permalink 07:27:53 pm, by Norman Gregory Fernandez, Esq. Email , 261 words   English (US)
Categories: News, Articles, Editorial, Other, Criminal Law

Jesse James of West Coast Choppers and Monster Garage fameToday, 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

03/25/10

Jobs are Not protected for California's medical pot users; You can still be arrested for driving under the influence.

Permalink 03:34:20 am, by Norman Gregory Fernandez, Esq. Email , 1054 words   English (US)
Categories: News, Biker Rights, General Legal, Editorial, Regulations, Other, Criminal Law

medical marijuana can be banned at workTens 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

03/22/10

March 21, 2010, a Historic Day; Health Care Reform is Passed and will Soon Become Law.

Permalink 02:23:44 am, by Norman Gregory Fernandez, Esq. Email , 687 words   English (US)
Categories: News, Articles, General Legal, Editorial, Insurance, Other

Health Care Reform is now the law of the land.
****March 25, 2010 Update - Reconcilliation bill approved by Sentate with a few changes, sent back to House, and approved by House. This phase of health care reform is compete.

****March 23, 2010 Update
- Healthcare reform was signed into law by President Obama, history has been made.

Whether you are for, or against health care reform, one thing is certain, health care reform will become law of the land.. The House of Representatives passed the Senate version of Health care reform last night, and President Obama is expected to sign this bill into law. The House also passed a bill which seeks to modify or fix the original bill, which if passed by a majority vote in the Senate, will also become part of the health care reform bill.

As you can see the country has not come crashing down, the sun has risen. (Except if there is bad weather in your part of the country) America is a great country, and we have just become even greater.

Many of you probably already have read my previous article on supporting health care reform here. You can also read the truth about the health care reform from the official government website here.

I am not going to go into the politics of this historic bill, I will just say this; it now appears that immediately children can no longer be denied health insurance due to pre-existing conditions, parents will now be able to keep their children on their health insurance plan to the age of 26, and senior citizens who need prescriptions will now be able to get medications which are presently not covered.

In 2014, the ban on denying coverage to individuals with pre-existing conditions will take affect for all. Insurance companies will no longer we able to deny anyone from getting insurance just because they have a pre-existing condition. Furthermore, insurance companies will no longer be able to terminate someone’s insurance, just because they become sick and actually need to use their medical insurance. Furthermore, there is no more life time cap on insurance, 30 million uninsured American’s will now get medical insurance. On top of that, individuals and small business will be able to join pools of others to buy low cost insurance.

When a Senator who promised to kill health care reform was elected in Massachusetts, Anthem Blue Cross, the largest health care insurance company in the nation, told Californians with individual plans that their insurance rates would increase by 39% this year. I think this is what broke the camels back so to say. I thank Anthem Blue Cross and their greed for helping us to get health care reform.

Basically we have told the medical insurance companies to go screw themselves. They tried like hell to prevent this reform from passing. Hell there was a doomsday commercial message every commercial break on CNN, MSNBC, and FOX news for the past week. We even heard members of a certain political party claim that our nation was not good enough to ensure that all of us have health care, just like other industrialized nations in the west.

It does not matter if you are a Republican, a Democrat, and independent, or other, you or your family too will benefit from health care reform. Because you see the health care industry abuses that are happening right now do not care what political party you are from. When you are sick and shit out of luck with no insurance or no way to see a doctor, you political views, or voice don’t mean squat. All that matters is getting you or a family member better.

The reform bill is not perfect. I believe that there should be a public option as well. However, this will do for now.

In this economy where millions of Americans are out of work, or working in jobs that give them little or no health care, our nation is coming through. In a few years you will no longer have to look in the mirror and wonder how you are going to see a doctor if you get sick. Hallelujah.

By Norman Gregory Fernandez, Esq., © 2010

03/16/10

Green Bay Packers Spencer Havner arrested following Motorcycle Accident

Permalink 10:30:26 pm, by Norman Gregory Fernandez, Esq. Email , 560 words   English (US)
Categories: News, Articles, Personal Injury, General Legal, Editorial, Other, California Motorcycle Accident, Motorcycle Accidents, Criminal Law

Green Bay Packers Spencer HavnerGreen Bay Packers tight end Spencer Havner was arrested early Saturday morning after he was injured in a motorcycle accident in an unincorporated area of Nevada County in California.

According to the California Highway Patrol, the former Nevada Union High School star was riding on a cul-de-sac off Indian Flat Road at about 2:45 a.m., when he lost control of his 2007 Kawasaki and crashed.

Havner was transported to Sierra Nevada Memorial Hospital, where he was found to be under the influence and arrested, according to CHP reports.

"There was a smell of alcohol, he was babbling somewhat and the on-site investigating officer determined that he was under the influence of alcohol," said Grass Valley California Highway Patrol spokesman Eric Wagner. "The subject couldn't remember what happened or falling off."

Wagner said Havner, 27, was not wearing a required helmet and, according to the preliminary report filed by the arresting officer, Dina Hernandez, Havner sustained "major injuries," including a broken shoulder blade, lacerations to his head and left arm.

Wagner said Havner was transported to Sutter Roseville Medical Center after blood was drawn.

"The sobriety field test was limited based on his injuries," Wagner said. "But in the officer's opinion (his blood-alcohol level) was greater than 0.08 percent."

A final report will be forwarded to the Nevada County District Attorney's office, likely early next week, when it will be determined if charges will be filed.

Havner's representative, Mark Humenik, a general counsel for Athletes First, told the Milwaukee Journal Sentinel his client "suffered only minor injuries."

While Humenik confirmed Havner broke his scapula (shoulder), he should be fully recovered "in short order."

"We have spoken to Spencer Havner about the injuries he sustained in a recent motorcycle accident near his home and we are monitoring the situation," Packers spokesman Jeff Blumb said in a statement.

Nevada Union coach Dave Humphers, who mentored Havner, was shocked by the news. He said he has yet to talk to Havner.

"I just hope he's OK," Humphers said. "Spencer has always been a solid guy. He's never been in trouble of any kind."

Havner starred at UCLA but was undrafted in 2006. The 6-foot-3, 250-pounder spent parts of three seasons trying to make the Packers as a linebacker. Last season, Havner, nicknamed "Duct Tape" for his ball-catching skills, switched to tight end and caught four touchdown passes.

The Packers offered Havner a tender as an exclusive-rights free agent earlier this month.

Let me tell you that Spencer Havner is lucky to be alive. To be frank he is an idiot for drinking and riding a motorcycle, let alone without a helmet. The injuries he suffered are painful and severe. I am sure the driving while under the influence will be the least of his problems.

Under no circumstances should anyone ever drink and ride a motorcycle, especially without wearing the proper safety gear.

I know lots of guys who enjoy one or two beer while on motorcycle road trips, thinking that only a couple of beer will not impair them; well B.S. it does.

There is no room for error while riding a motorcycle. I wish Spencer Havner a full and speedy recovery; hopefully he has learned his lesson about drinking and riding a motorcycle. Many bikers and motorcyclist do not ever get a second chance.

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

03/09/10

Loose Gravel on the Road can be a Biker and Motorcyclist worst Nightmare; Beware.

Permalink 12:44:54 pm, by Norman Gregory Fernandez, Esq. Email , 782 words   English (US)
Categories: Articles, Personal Injury, General Legal, Editorial, California Motorcycle Accident, Motorcycle Accidents

motorcycle riding on gravelIf you are a biker or a motorcyclist, and you actually ride your motorcycle, you have probably had a run in with loose gravel on the road or a parking lot at some point or another. It can be a real bitch to say the least.

Talking to a new client this evening brought up some bad memories I have had riding though gravel in the past myself, not to mention the many cases I have handled of motorcycle accidents caused by loose gravel.

My new client, who we will call Lucy for this article, was a passenger on a motorcycle that was being driven by her ex-boyfriend that went down when they hit a patch of gravel.

He was pinned underneath the motorcycle, she was thrown off and suffered severe injuries.

I am representing Lucy the passenger.

As she described it, they were not riding fast, and they turned into onto a familiar street, and then the bike (a Harley Davidson) just kind of slid out from underneath them for no apparent reason. Once they were down they realized that they hit a patch of gravel. Both were injured.

As we all know or should know, a motorcycle only has 2 wheels that we balance on when riding. Unlike a car or other cage vehicle, generally a motorcycle’s 2 wheels have a very small tread area that actually contacts with the ground when we are riding. Yea I know that some of you have 200’s on the rear, or fat racing slicks on your sport motorcycle, but that is not the norm.

Most of us have a very small amount of tread that contact with the ground when we are riding. If we ride over loose gravel, sand, or rocks on the road, it can very well cause your motorcycle to slide out from under you and ruin your whole day.

My worst experience with gravel happened on a very lonely unnamed off ramp on Highway 40 in Arizona between Flagstaff and Kingman in the middle of the night. My then fiancé and I got off to get some gas. It was pitch dark. No lights at all except for my headlight. The gas station was on the other side of the interstate under a bridge. There was no light from it at all when I got off.

As I turned left my motorcycle slid out from under me. I am no expert rider, but I managed to keep the motorcycle up. I was scared shitless. Had we gone down, we could have been run over by someone speeding down the off ramp due to no light, or we could have been laying there for quite some time. We were literally in the middle of no where, in the middle of the night. (Just the way Bikers like it.)

When we got to the gas station I told my fiancé what happened. She was so tired that she had no clue that we almost ate it.

Who is at fault if an Accident is caused by loose gravel, or on the Road?

Generally the person operating the motorcycle has a duty of due care to ride the motorcycle safely on all surfaces, therefore the rider is responsible.

However, it can also be argued that it is reasonably foreseeable to private persons, private property owners, or governmental entitles, that loose gravel or sand on hard pavement can create a dangerous condition to persons riding motorcycles because these vehicles balance on two wheels only, and loose gravel or sand can cause them to go out of control.

In other words, an experienced Biker Attorney and Motorcycle Accident Attorney such as me can and will go after a person or entity that knowingly puts loose gravel or sand on a road that is used by motorcycle riders, because it creates a dangerous condition that they either know about, or should know about.

This is a very good reason why you do not want to go to a garden variety personal injury attorney who advertises that they do motorcycle accident cases, but has no clue what it is to actually ride a motorcycle. Only a real biker and rider of motorcycles understands the gravel or sand problem as it relates to motorcycle riders. I understand the problem because I have experienced it.

So there it is; if you go down due to loose gravel or sand on a public or private road, or even a parking lot anywhere in California, you should give me a call for a free consultation at 800-816-1529 x. 1. I will tell you over the phone if you have a good case.

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

02/11/10

Basic explanation of Motorcycle Related Laws in the State of California.

Permalink 08:16:41 pm, by Norman Gregory Fernandez, Esq. Email , 586 words   English (US)
Categories: Articles, Helmet Laws, Noise Laws, General Legal, Editorial, Insurance, Regulations, Other, Criminal Law

California Motorcycle Related LawsLicense Requirements

A motorcycle license (M1 endorsement) is required for any rider who rides a motorcycle 150cc’s and above.

If under age 18 you must be at least 16 years of age, have a permit for six months, have proof of driver ed. and driver training, and complete a motorcycle training course.

If you are 18 and older you must pass the written motorcycle test, and either take a certified motorcycle rider training course, or make an appointment to take the motorcycle driving test at the DMV.

Safety Helmet

All operators and Passengers must wear an approved safety helmet when riding on a motorcycle, motor driven cycle, motorized bicycle, or motorized scooter in California.

Eye Protection

Eye Protection is not yet required by California Law, but it always recommend that you wear good eye protection when riding your motorcycle. You do not need a law to tell you that a rock in the eye at 50mph will ruin your day and possibly your eyes.

Daytime Use of Headlight

Daytime use of headlight is required by law on all motorcycles. Modulating headlight is permitted. Most new motorcycles automatically have the headlight on when the motorcycle is started. It is best not to screw around and disable this function because you will get a ticket if your light is off.

Passenger Seat

A Passenger Seat is required on all motorcycles if you are carrying a passenger.

Passenger Footrest

A Passenger Footrest is required on all motorcycles if carrying a passenger.

Helmet Headphones / Ear Buds

Helmet Headphones / Ear buds should only have one single earphone only. It is illegal to have dual earphone headphones or ear buds on while driving a car or operating a motorcycle in California.

Muffler / Exhaust

A Muffler is required by California state law. No muffler or exhaust system shall be equipped with a cutout, bypass or similar device (VC §27150. Adequate Muffler Required).

Maximum Sound Level of Motorcycle

Maximum allowable A-weighted sound levels based on measurements taken at a distance of 50 ft from center lane of travel: 1)Pre-1970..92dba; 2) After 1969, and before 1973…88dba; 3) After 1972, and before 1975…86dba; 4) After 1974, and before 1986…83dba; 5) After 1985…80dba (VC §27201-27202. Motorcycle Limits).

California State Insurance Requirements

Compulsory Liability Insurance (Minimum Limits) (10/15/30) – Financial responsibility required. A driver involved in an accident who fails to prove existence of financial responsibility at time of accident shall have driver’s license suspended for 1 year, face a hefty fine, and potentially have their vehicle impounded. Plus if you have an accident without insurance you cannot recover general damages. (you are screwed) Don’t be a fool; you must at least have minimum liability insurance when you ride.

Motorcycle Handlebars

A person shall not drive a two-wheel motorcycle that is equipped with handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat.

Lane Splitting

Lane splitting or riding between cars on the lane divider is not prohibited by California law so it is therefore legal. However, there is a recognized speed limitation that a rider should go no more than 15-20mph faster than the flow of traffic. If you go too fast while splitting lanes, you could face a ticket.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

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

01/25/10

Why is a Riverside, California Motorcyclist always stuck at left turn arrow signals?

Permalink 03:42:52 am, by Norman Gregory Fernandez, Esq. Email , 544 words   English (US)
Categories: News, Articles, Biker Rights, General Legal, Editorial, Regulations, Criminal Law

Motorcycles having problem triggering traffic light sensorsMichael Murphy, of Riverside California, sometimes encounters a frustrating problem while riding his motorcycle.

"I have many times been stuck at a left turn light controlled, I assume, by the circle cut in the pavement, by a weight sensor, that my motorcycle is apparently not heavy enough to trigger."

He has sat through three or four cycles of the lights changing in all directions without getting a green left-turn arrow for his lane until a car pulls up behind him.

That, he assumes, is "enough to trigger the light."

He wonders whether there's a rule allowing him to turn when traffic is clear after waiting so long.

The answer is No.

Turning left against a red light is illegal in the State of California under any circumstances, and Murphy would risk a ticket, an accident, or worse by doing this.

Light-triggering sensors are supposed to detect motorcycles, however, over time; the sensors can los sensitivity or stop working.

If a motorcyclist encounters this problem at an intersection along a California highway, they can call Caltrans at 1-800-383-4631 to reach a public information officer and report the problem.

Or they could visit http://www.caltrans8.info and report it online. Caltrans will adjust the sensor.

For intersections along local roads, motorcyclists and bikers must contact the appropriate city or county government. Intersections within city limits in most cases are maintained by the city's government.

Not all sensors work according to a vehicle's weight. In fact, most work with a wire that detects changes in a magnetic field triggered by the presence of metal, others may be optical, which function like a very sophisticated motion sensor.

Regardless of the type of sensor involved, which the rider can't determine anyway, motorists can call the streets department with the details of which intersection appears to have a problem. Sometimes traffic signal patterns change when there's construction at an intersection. If a detector loop is cut, the signals revert to a previously set program, and the city must eventually reset it.

To report similar problems on roads owned by Riverside County, call the county's Transportation Department's traffic signal department at 951-955-6894. For those in San Bernardino County, call 909-387-8186.

I myself have had this problem numerous times, not only on my motorcycle, but in my car. I have found that many times moving my motorcycle back and forth will be enough to trigger the sensor, the same has held true for my cars as well.

Let’s face facts, how many of us have been stuck at one of these signals at 2 or 3am, with no traffic, just sitting there like an idiot waiting for a signal that will never change? How many of us have just decided to blow the signal after first ensuring that the coast is clear.

I for one think that motorcycles should be exempted by law from not being able to turn or go on a left arrow or signal if they have waited for than 5 minutes, and the coast is clear. It is obvious that many magnetic sensors just flat out do not detect motorcycles.

Whatever you decide to do, at least now you know the law.

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

01/20/10

Orange County Chopper Father and Son in Bitter Lawsuit

Permalink 04:31:33 am, by Norman Gregory Fernandez, Esq. Email , 816 words   English (US)
Categories: Announcements [A], News, Articles, General Legal, Editorial, Other, Courts

American Chopper - Orange County Chopper LawsuitI am sure that many of you in the motorcycle world have watched the TV show American Chopper. American Chopper is a reality TV show about the company Orange County Choppers. Its stars are the infamous Teutul family; Paul Teutul Sr., his son Paul Jr., and of course Mikey.

Paul Teutul Sr. and Paul M. Teutul had a very public falling out, which was chronicled on American Chopper. In the Season 6 premiere, Paul Sr. and son had a contentious contract dispute, which led to Paul Jr.'s departure from the company. After a brief reconciliation, Paul Jr. left the OCC for good to explore other opportunities. In later episodes, Paul Jr. was seen working as a consultant at Orange County Choppers.

It has been reported that Paul Sr. sent a letter to Paul Jr. exercising an alleged right to purchase Paul Jr.’s share of the stock he owns in Orange County Choppers since Paul Jr. no longer works there.

Paul Teutul, Sr. claims he had a deal with his son, Paul M. Teutul, in which he could buy his son’s stock from the Orange County Choppers Holdings, Inc. motorcycle company.

The father, who appears on the television show alongside his son, sent Teutul, Jr. a letter saying he would be exercising his right to buy the stock.

Paul Sr. apparently has filed the lawsuit to the Supreme Court of New York; however I have not seen a copy of the lawsuit heretofore. He also filed a suit against Orange County Choppers, Inc.

In the lawsuit, he claimed damages in excess of $1 million and is asking for an order from the judge to force his son to give him the stock.

My take on the situation is this; yes I have watched the show for years. It is better than watching some of the other crap on TV I will tell you that.

I have been a businessman since I was in my 20’s, when I first got venture capital to start Daylight Data Corporation in Los Angeles, and am now running a successful California law firm.

Being successful at business requires management expertise, capital, and luck. It appears to me that Paul Teutul Sr. has been a very successful businessman. He started out installing railings; he worked hard and built his business into a metal manufacturing company, and then started Orange County Choppers. He then used the TV show American Choppers as a marketing vehicle to build his successful business.

There is no doubt that his son really did help with Orange County Choppers, however, in the end, it is the businessman who keeps a company going.

I learned in law school that you never want to represent friends or family because you will never do well enough in their eyes no matter the outcome in a case.

You would think family run businesses would be the easiest to run because of the trust factor. Let me tell you, it takes a special kind of family to stick together to run a business. Unlike other businesses where you can hire and fire at will, it is kind of hard to fire your son, or your brother, etc.

It is a shame that the Teutul’s family business relationship has apparently broken down. My personal take on the situation is that Paul Jr.’s head grew too big for his britches. He designed motorcycles, he started making money, he got the big house, he got the nice looking girlfriend, he obtained fame, etc. He started screwing off at work. Not coming in on time. He became unreliable to his father. Above all, he disrespected his father on national television.

Look, I know full well Paul Sr. is an asshole sometimes. Hell, he and my father would get along well if they were too meet. Paul Sr. did not ask anything more of his son, than a son should give to his father and a family owned business.

Without Paul Sr.’s capital, management expertise, and experience, Orange County Choppers would be a non entity. Motorcycle designers and fabricators are a dime a dozen. Paul Jr. could be, and has been replaced. I think Orange County Choppers are putting out their best motorcycles now.

I think Paul Sr. wants nothing more than to have his sons with him; as sons, not as monsters.

In my honest opinion, Paul Jr. should go to his father, apologize for being an asshole to his father, make amends, and jump back into the family business. Maybe when his money starts to run out he will.

Life is too short and you only get one father in this world. Paul Jr. and Mickey should jump back on the team for the big win, especially for their family.

Good luck to Orange County Choppers in all of their endeavors.

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

12/31/09

New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

Permalink 07:16:01 pm, by Norman Gregory Fernandez, Esq. Email , 3290 words   English (US)
Categories: News, General Legal, Editorial, Regulations, Other

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) - Political Reform Act: FPPC - this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) - Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) - Creates a cost-effective solution to deal with the growing number of abandoned boats in California's waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) - Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient's primary language, and requires refunds if dental services have not been provided within 15 days.

Read more »

12/30/09

Beware of Accident Scammers and Con Artist; Don’t get Screwed out of a Recovery.

Permalink 05:56:33 pm, by Norman Gregory Fernandez, Esq. Email , 656 words   English (US)
Categories: Articles, Personal Injury, Biker Rights, General Legal, California Motorcycle Accident, Motorcycle Accidents

Watch out for accident scammers and con artist.You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.

You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.

You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.

You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.

They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.

You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.

You find out later that you have $3,000 damage to the back of your car.

What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.

Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.

The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.

The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.

If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.

Make sure that you note the model and make of their car along with the license plate information.

The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.

If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .

By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009

12/28/09

Motorcycle Crash northeast of Bakersfield leaves the Motorcycle Passenger Dead

Permalink 11:11:45 pm, by Norman Gregory Fernandez, Esq. Email , 308 words   English (US)
Categories: News, Articles, General Legal, Editorial, California Motorcycle Accident, Motorcycle Accidents, Fatal Motorcycle Accident, Fatal Motorcycle Accident

Bakersfield fatal motorcycle accident Christmas 2009A suspected dui-related motorcycle crash northeast of Bakersfield has killed one person on this Christmas 2009.

The Highway Patrol says the person killed was a passenger on the motorcycle, and was airlifted to Kern Medical Center. However, that person did not survive the injuries from the motorcycle accident.

It happened just after 4:30 p-m on Granite Road at Round Mountain Road. Investigators say the driver of the motorcycle was heading east on Granite Road and lost control. Both the driver and the passenger were thrown from the bike. The driver of the motorcycle hit a fence, the passenger hit a pole. "The passenger sustained fatal injuries and the driver sustained moderate injuries. In the early stages of the investigation it appears that alcohol is related," said Sgt. Jeff Crosswhite, California Highway Patrol.

The Highway Patrol says both were wearing helmets. The driver was also taken to Kern Medical Center with moderate injuries. Officers say the driver may have felony dui as well as manslaughter charges.

This is a horrible accident that did not have to happen. I will say this very clearly; IF YOU HAVE HAD ALCOHOL DO NOT RIDE A MOTORCYCLE PERIOD. IF YOU ARE A PASSENGER, DO NOT GET ON A MOTORCYCLE WITH A RIDER WHO HAS BEEN DRINKING PERIOD.

Alcohol and motorcycles flat out do not mix. Hell you need to be on your game sober to ride safely. Can you imagine how dangerous it is to ride after drinking?

If you or a family member have been the victim of a motorcycle accident, or you were a passenger injured in a motorcycle, or you have had a family member killed in an accident call my law firm ASAP for a free consultation at 800-816-1529 x. 1 or check out my website at http://www.bikerlawyer.net .

By Bakersfield Motorcycle Accident Attorney and Lawyer Norman Gregory Fernandez, 2009

12/20/09

Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform takes away your legal rightsWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

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

12/07/09

This just pissed me off; a 50-year-old man was killed in accident on Ortega Highway by another negligent cager.

Orange County fatal motorcycle accidentLake Elsinore – CA

Here we go again.

A 50-year-old man from Newport Beach was killed when a Toyota Corolla slammed head-on into his motorcycle and he was thrown, a CHP officer said today.

Robert Grice Jr. was pronounced dead at the scene of the crash, reported about 8:45 a.m. Sunday on the Ortega Highway, about a mile east of the Orange County Line.

Grice was riding his Ducati Demosedici east on the Ortega when a Corolla traveling west swerved to the left and struck Grice’s motorcycle, according to California Highway Patrol Officer Ron Thatcher.

This is flat out negligent homicide. I am tired of hearing about cagers killing bikers and motorcyclist.

As many of you have read, another biker and motorcyclist Martin Allen Lacy was killed in a similar fashion by a girl who crossed into his lane.

I say it is time to start enforcing the laws that we have on the books regarding this wanton disregard for human life. These people need to be taught a lesson. Kill a biker, go to jail.

If you or a loved one has suffered a motorcycle accident due to the negligence of another, anywhere in the State of California, feel free to call my firm 7 days a week, 24 hours a day for a free consultation at 800-816-1529 x. 1.

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

11/21/09

Northern California Town to photograph every car that Enters and Leaves

Permalink 09:08:14 pm, by Norman Gregory Fernandez, Esq. Email , 527 words   English (US)
Categories: News, Articles, Biker Rights, General Legal, Editorial

Tiburon, California to photograph every car entering and leaving townTiburon - California

Tiburon is a small town kind of place, with a small town kind of atmosphere. It is the kind of place where you get the feeling that everyone knows everyone else.

When one wanders through its little streets, just north of San Francisco, one gets the sense that a few of the residents, on seeing someone who appears not to be from around those parts, reach for their handkerchief and hand sanitizer.

How can one, therefore, be surprised that a meeting of the Tiburon Town Council voted on Wednesday by 4 to 0 to install cameras to photograph every single car that enters or leaves this little Disneyland? So much for the right of privacy eh?

The San Francisco Chronicle reported that this may be the first community in the country to have defended itself with cameras in such a way. The idea is to photograph the license plates of every car that treads Tiburon's hallowed roads and compare the information with the police's list of the stolen and nefarious.

The Tiburon police chief, Michael Cronin, told the Chronicle: "I think it makes the community safer."

The Tiburon police--inspired, perhaps, by Google--promise that the information will be kept for only 30 days. Yea like we really believe him.

The strange thing is that Tiburon, a northern suburb of San Francisco, isn't exactly Oakland. It doesn't enjoy high crime figures. Indeed, some might say that the most criminal elements in the place are to be seen on the racks of its clothes stores.

The town is fortunate, however, in that it is on a peninsula, from which there are only two roads. So the total cost of putting up six cameras is estimated to be no more than $200,000, which works out at something near $20 per resident. (Tiburon residents enjoy, by the way, a median income somewhere above $125,000.)

I know there will be some who believe you can never have enough security cameras in this heinous and half-witted world. But perhaps some will worry that the police might make rather instinctive judgments about the provenance of certain cars and their intentions.

Others will wonder whether this decision might affect businesses in Tiburon. Still others will ponder whether the police might be willing to offer a Web site showing the movements of all its officers.

I merely wonder how many people, knowing they might have to go to Tiburon for a meal of organic Kobe beef, rosemary ice cream, and plenty of Stags Leap cabernet, will choose to remove their front license plates. You know, just to be on the safe side.

I for one think that it is un-American for any town in this nation to photograph every single car that enters or leaves a town. This is something you would expect from a communist country of some fascist country; not America.

I for one think that unless Tiburon changes its policy, I will not be spending my money in this town. I choose to not support what they are planning on doing. This is a bad trend.

Beware going to or leaving Tiburon, California, big brother is photographing you.

San Francisco California Motorcycle Accident Attorney and Biker Lawyer

11/13/09

Police to hold DUI Checkpoints in Stockton, California

Permalink 05:27:11 am, by Norman Gregory Fernandez, Esq. Email , 185 words   English (US)
Categories: News, Articles, Biker Rights, Noise Laws, General Legal, Other

Police to hold DUI Checkpoints in Stockton, CaliforniaSTOCKTON - California

The Police Department will hold checkpoints tonight and Saturday to catch drunken drivers.

The checkpoint starts at 6 p.m. and continues until 2 a.m. It will be set up in the area of Roosevelt Street and Wilson Way. On Saturday, the checkpoint will be at March Lane and Holiday Drive during the same hours.

Staffing at the checkpoints is paid for by a grant from the state Office of Traffic Safety.

Police earn grant for traffic patrols

STOCKTON - California The Police Department again this year has been awarded a grant for special traffic enforcement, which will be carried out throughout the year.

The $352,000 grant from the state Office of Traffic Safety is to fight alcohol and drug-impaired driving, and to reduce fatal and injury collisions resulting from both.

This year, the grant will fund additional enforcement of motorcycle safety. In 1998, 204 motorcyclists in California were killed in traffic collisions; that number rose to 560 in 2008.

The Stockton Police Department's efforts will include additional patrols and strenuous enforcement of traffic violations associated with collisions involving motorcycles.

Stockton California Motorcycle Accident Attorney and Biker Lawyer

11/12/09

California Motorcycle Accident Attorney Norman Gregory Fernandez Supports the California Consumer Attorneys of California

Permalink 06:36:17 am, by Norman Gregory Fernandez, Esq. Email , 601 words   English (US)
Categories: Personal Injury, Biker Rights, General Legal, Editorial, Other, Courts

George Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:


Show your support of consumers' rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

11/03/09

It is About Time we get Health Care Reform in this Nation; With a Public Option.

Permalink 06:52:01 am, by Norman Gregory Fernandez, Esq. Email , 2368 words   English (US)
Categories: Articles, Biker Rights, General Legal, Editorial, Insurance, Regulations

We need health care reform with a public option now. ****March 25, 2010 Update - Reconcilliation bill approved by Sentate with a few changes, sent back to House, and approved by House. This phase of health care reform is compete.

****March 23, 2010 Update - Healthcare reform was signed into law by President Obama, history has been made.

****March 21, 2010 Update - History is made; the Senate Health Care bill was passed by the house. President Obama is expected to sign the bill.

****December 24, 2009 Update - The U.S. Senate has voted to reinvent the nation's health care system, passing a bill to guarantee health insurance for all Americans and rein in health care costs as proposed by President Obama. Now all that needs to happen is for the House and Senate to reconcile their bills. This thing looks like it will actually happen. No more denying coverage for pre-existing conditions, no more cancelling coverage when people need it the most. This is a good thing.

****December 19, 2009 Update - It appears that the United States Senate is on the eve of passing a historic bill that will revolutionize health care in this nation. Many of the things I wanted to see are not there. However, health insurance companies will no longer be able to wily nily deny coverage to people with pre-existing conditions. I will write another article once I have the specifics.

****October 21, 2009 Update – The United States Congress have voted to allow debate on a health car bill. Let's hope these insured Congressmen do the right thing!

****October 9, 2009 Update – The United States House of Representatives has passed a historic health care reform bill which includes the public option. Now it is up to the Senate to act on the bill, and the President to sign.

Well I try to stay away from topics like this on my Blog because I know for sure that some people because of their politics will get pissed off, and some will not. Some will support what I have to say, some won’t. At the least maybe this will get you thinking!

Let me start off by saying this; I am a Democrat, I am a Republican, I am an Independent, and I am an American.

My politics do not get in the way of what I believe is the right thing to do. I decide an issue on what I think is right or wrong, not by what a bunch of political cronies in a particular party say is the right thing to do. I think if all Americans starting thinking and doing what they think was best rather than what some political party tells them is best we would all be much better off. It may never happen but if all of you try it for yourself you will see the lunacy of political parties.

Now, unless you are Bill Gates, and have millions of dollars at your disposal to pay for catastrophic health care bills than maybe this article might make a little sense to you. If you are blinded by politics, still read on, maybe what I say will “break on through,” as quoted by Jim Morrison of the Doors.

You see I am a personal injury lawyer and attorney. I get many new clients that have half assed medical insurance coverage, or very good insurance. However, I also get new clients every week that have no health care insurance at all.

Many of these uninsured client’s literally have suffered for days, weeks, and even months without medical treatment, hoping that their injuries would heal on their own. I can only imagine the untold numbers of others who are suffering with medical ailments and have no insurance or viable way of obtaining medical care.

Out of desperation they call me because they know I can get them treatment for their injuries, even if they do not have health care insurance.

Health care reform to me is not about politics, it is not about profits for doctors, hospitals, medical providers, and medical insurance providers. (All of whom continue to make huge profits while the rest of the nation is in a depression) Health care reform to me is about right and wrong. Let me explain.

I personally know many people who have lost their jobs and their medical insurance before the present depression, and during the present economic depression. It has happened to me in the past!

If you have never lost your job and medical insurance in your life, you are either full of shit, or you are one in a billion; yes I said billion.

If you are an American worker who does not have a multi-million dollar inheritance, rich parents, or are rich yourself, you are going to lose your job and your insurance at some time or another. It is a simple fact of life.

No one can depend on having insurance for life the way the system is set up right now. Your healthcare and possibly life depend on the whim of your employer, or your ability to obtain and pay for individual healthcare plans. This is not acceptable any longer.

What are you supposed to do if you lose your job and your medical insurance? In the good old days you could simply get another job. Those days are pretty much over now.

With unemployment at 10% or more in some locations, and the nation mired in an economic depression, good jobs are hard to come by. Hell even college graduates from top institutions are having trouble finding jobs.

If you lose your job and insurance, the end result is that your sorry ass along with your innocent children and spouse, if they stay with you, may have no insurance to cover your healthcare if you get sick. This situation is a surreal nightmare for millions of our fellow citizens as I type this article. Hell it could be you!

If while you are uninsured due to no fault of your own, you get sick, and you need to go to an emergency room, which by law has to treat and stabilize you, then the rest of us have to pay for your sorry ass through higher taxes and health insurance costs, because the hospitals have to charge more to cover their losses in treating uninsured people.

In the end, it is cheaper just to make sure that there is universal coverage for everyone.

I am no communist, I sure the hell am no socialist, but when it comes to medical care, I believe that in the richest nation on earth, healthcare should be a right for all, not a privilege.

Now forget about politics, forget about what some rich congressman is telling you to believe because of your political party affiliations, forgot about hating certain political figures; what do you think is best for you and your family; the way it is now, or universal health care for all? At least try to be honest with yourself.

UNDER FEDERAL ERISA LAWS, AN INDIVIDUAL CANNOT SUE A HEALTH INSURANCE PROVIDER FOR FAILING TO PROVIDE COVERAGE; NO SHIT!

Now that I have got your attention, let me tell you about my father; this is a true story that happened last month in October, 2009.

My father just had a major arterial bypass surgery recently, and is presently in a nursing home for recovery. He has probably the best HMO/PPO health insurance on earth, with probably the most famous health insurance provider on the planet.

Until just recently, he was ordered by his doctor to not place any weight whatsoever on his legs, he was basically bedridden in the nursing home. He was and still is dependent upon the nurses and doctors there for care while he recovers.

On October 14, 2009, we found out that his health insurance provider had retroactively determined that he no longer needed to be in the nursing home as of October 10, 2009. In other words a man that is and was bedridden with no viable alternative for other care, was basically told by his insurance company that “we don’t give a shit about you, you are out of there. Oh and by the way, you owe for 4 days.” His health insurance provider made this determination even though 2 of my dad’s doctors ordered him to be placed in a nursing home to recover.

Some health insurance bureaucrat unilaterally decided that they knew what was best for my dad, rather than two of his treating physicians. We all know that this is a bunch of bullshit to save the health insurance company some money don’t we.

Under present ERISA exemptions, my father cannot sue his medical insurance provider for failure to cover the nursing home even though his insurance covers nursing home care, because he is in a group plan. 80% of all health care insurance in this nation is provided under a group plan. How come nobody is taking about the fact that health insurance providers cannot be sued by individuals for failing to provide that which they contract to provide? It is a big scam.

Luckily for my dad, he has an attorney for a son (me) who is pissed off, and the political climate is not good for this kind of bullshit decision on their part right now, especially considering the fact that congress is presently debating health care reform as I write this article.

The insurance company probably thought that my dad was some old Hispanic man (looking at his surname) that they could screw around. Who knows? After talking to them and telling them exactly what I intended to do, they miraculously reinstate his insurance and everything is fine now.

What if this was you or you did not have a son who was an attorney? You would be screwed, blued, and tattooed as they boot your sick ass on the street. You would be dead! Geez, I wonder what will happen to me if god forbid I am in the same boat as my dad, my daughters are not attorneys like me.

The healthcare reform changes being debated right now would prevent insurance companies from denying coverage based upon pre-existing conditions, they would prevent insurance companies from terminating coverage because of an illness, and they would prevent insurance companies from placing a lifetime cap on your insurance. It is because of health insurance greed and excesses that these changes need to be implemented in the first place.

How many of you reading this are not worried about anything I stated above? If you are not worried, you are probably full of shit and are lying to yourself, or are too dumb to realize it. I do not think even a billionaire would want to risk a catastrophic illness. The cost of healthcare is so high now; million dollar plus bills are not out of the question.

If you are poor, middle class, or even moderately rich, a catastrophic illness could destroy you financially. Even if you have the best health care insurance. The present system is a free market free for all and it sucks the big one. Health care today is about profits, not about quality medical care for all. Hell, I don't mind a man making a buck, but under the current system we are all being raped.

Imagine, you saved all of your money for years to buy a home, you have a nice car, your family is doing well, and then little Jenny gets sick, imagine having to lose everything and go bankrupt because of co-payments, no insurance, or your insurance company cutting you off. This is reality for millions of American’s right, it is not right, and it is bullshit.

It is time for healthcare reform.

We Need a Public Option

We need to have a public option just like Congress has. Yes Congress, the same folks that we vote into office to represent us. Why should we not get what they get? Are they better than the rest of us?

What is funny is that there are certain congressmen from a certain political party that all have great “lifetime” medical coverage for themselves and their family as a perk of office, and yet they are opposed to giving us universal healthcare; feature that! These people are so out of touch with the reality and exigency of the situation it is mind blowing. They might as well be from another planet. Their supporters support them along party line regardless of whether the healthcare reform will actually benefit them and their own family. This is truly bizarre to me.

It is kind of like not wearing a jacket in winter so that you will not freeze to death, because your enemy supports wearing the jacket; so you freeze to death! Makes no sense.

Now the public option is just that, an option. You can opt out and still use traditional insurance. Maybe a public option will make private insurance companies pull their collective heads out of the asses and compete on a more even playing field rather than monopolizing the market and making untold billions of dollars of profit each fiscal quarter, at our peril.

I have heard the “socialized medicine” sucks arguments, and the “in Canada they have to wait months” arguments, and they do concern me. Thank goodness we are not talking about a system like that. We are only talking about mandating that all people buy medical insurance, (just like we do with car insurance) and giving them an inexpensive public option if necessary.

Healthcare reform is about what is morally and ethically right. It is about what is right for the most powerful nation on earth. Persons from all political parties have been trying to get this done since Theodore Roosevelt was President to no avail.

The time for half assed excuses, political bullshit, and half measures is over. It is time for Health Care reform with a Public Option.

Call your congressman, write your congressman, this issue is a matter of national security, and could be a matter of life and death for you and your family if healthcare reform is not implemented.

I truly look forward to your comments on this subject, and debating the issue.

God bless you all.

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

10/30/09

What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

Permalink 05:32:23 pm, by Norman Gregory Fernandez, Esq. Email , 448 words   English (US)
Categories: News, Articles, Personal Injury, General Legal, Editorial, Other, Criminal Law

San Francisco to offer sanctuary to unlicensed driversOn November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

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

10/20/09

Billy Lane files a Motion to Reduce His Jail Sentence.

Permalink 05:00:11 am, by Norman Gregory Fernandez, Esq. Email , 282 words   English (US)
Categories: News, Personal Injury, Editorial, Other, Fatal Motorcycle Accident, Fatal Motorcycle Accident, Courts, Criminal Law

*** 10/25/09 Update - The Judge has rejected this motion. I guess you cannot blame someone for trying to get out of jail right?

Imprisoned celebrity motorcycle builder Billy Lane wants a judge to give his fatal crash victim’s family another chance to say what kind of punishment he should receive, in hopes of getting his six-year prison sentence reduced.

Lane, 39, was sentenced in August to six years in prison after pleading no contest to one count of vehicular homicide for crashing his pickup truck head-on into 56-year-old Gerald Morelock’s motorcycle while speeding past slow traffic in a no-pass zone on Sept. 4, 2006.

During sentencing, the victim’s brother and nephew declined to recommend a punishment, but asked the judge to impose a sentence that would use Lane’s celebrity status to help save the lives of young people through a foundation they plan to create in Morelock’s name.

However, Lane’s attorneys recently filed a motion claiming the men have since expressed that intense media and public scrutiny caused them to be “vague” about their feelings on a prison sentence for Lane.

“They were sufficiently overwhelmed by the experience that they did not fully express their feeling that Mr. Lane would better be able to benefit society if he were not incarcerated,” the defense motion says.

The attorneys want Circuit Judge Robert Burger to give the Morelocks another chance to be heard and to reduce Lane’s sentence if he sees fit.

No hearing on the motion has been set.

I must admit, this is one of the most bizzare defense motions I have ever heard. If it is granted I will be shocked.

California Motorcycle Accident Attorney and Biker Lawyer

10/19/09

Billy Lane Gets Six Years in Prison for Vehicular Manslaughter – A Follow Up.

Permalink 07:53:20 am, by Norman Gregory Fernandez, Esq. Email , 427 words   English (US)
Categories: News, Articles, Personal Injury, Biker Rights, General Legal, Editorial, Motorcycle Accidents, Fatal Motorcycle Accident, Fatal Motorcycle Accident, Courts

Custom Motorcycle Builder Billy Lane is sentenced to 6 years in prisonYou can read many of the articles I have written on the Billy Lane case below or by typing in Billy Lane in the search box on the sidebar to the right.

Billy Lane is a custom motorcycle builder who got famous on reality TV shows like Biker Build off on the Discovery Channel in the early 2000’s. He then went on to make regular appearances on the motorcycle event circuit at events such as, Sturgis, Daytona, etc.

Billy Lane got rich and famous as a biker off of bikers. Then Billy Lane did something really stupid; he got shit faced drunk. Then, while his blood alcohol level was twice the legal limit he decided to jump into a free SUV given to him to drive as a promotional item by Dodge, along with a lady who rode in the passenger seat, and proceeded to drive.

While driving intoxicated, he decided to cross a double yellow line and hit a biker named Gerry Morelock head on killing Gerry Morelock. Although Gerry Morelock himself had been drinking, he was in no way responsible for the accident or his death. His only mistake that day was being in the wrong place at the wrong time.

As a biker, I empathize with Gerry Morelock, because it could have been me; it could have been any biker on the road that day. When you have an asshole like Billy Lane crossing a double yellow and plowing into you head on it really does not matter who you are, you are dead. Gerry Morelock is dead. He is dead because Billy Lane decided to get drunk and drive.

I have heard commenter’s on my Biker Law Blog make the argument that we should not talk shit about Billy Lane because we have all drank alcohol and driven, so who are we to throw stones? I say bullshit. How many of us have got drunk then crossed a double yellow line and smashed into a fellow biker head on, killing him?

Billy Lane and Dodge reached settlements of civil cases brought by the family of Gerry Morelock well before Billy Lane’s criminal case was resolved.

So Billy Lane was sentenced to 6 years in the pokie, (prison) by a Vera, Florida Court. He was also placed on three years of probation following his incarceration, and the loss of his driver’s license for life. For basically murdering a man, he got off real light.

May Gerry Morelock rest in peace.

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

10/17/09

Breaking News- Anaheim, California - DUI Checkpoints and Patrols Scheduled for Today, Saturday, October 17th, 2009, and Sunday, October 18, 2009, and more!

Permalink 08:22:03 am, by Norman Gregory Fernandez, Esq. Email , 428 words   English (US)
Categories: News, Articles, Biker Rights, General Legal, Editorial, Regulations, EPA, Other, Criminal Law

Anaheim dui checkpoints and rousting bikers and motorcyclistThe following is directly from a press release from the Anaheim Police Department. It was not written by me.

### Beginning of Press Release.

The Anaheim Police Department host a total of 6 Sobriety and Drivers License checkpoints, starting with one on Harbor Boulevard near La Palma Park on Saturday, October 17, 2009 from 8:00 PM to 3:00 AM Sunday, October 18, 2009. In addition to checking for DUI drivers, officers will be checking those driving with suspended licenses. Safe driving pamphlets will be handed out to drivers screened at the checkpoint. Checkpoints are designed to bring DUI awareness to the most number of drivers.

The Anaheim Police Department has been awarded a DUI enforcement and awareness grant to combat DUI for a total of $205,115. Funding for this program is provided through a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. This funding will supplement the departments’ overall commitment to lower DUI related traffic collisions. These additional monies will fund additional sobriety checkpoints, DUI patrols and other efforts to help bring about a zero level of DUI in the city of Anaheim.

The additional saturation patrols funded by the grant will increase the number of officers in the field to help assist the program “Report Drunk Drivers: Call 9-1-1”. With the grant’s funding, Anaheim Police will add 4 additional officers to the field nearly every weekend during the next twelve months. These additional officers will be able to respond quicker to 9-1-1 calls by those reporting erratic drivers on our streets. New this time is the addition of the OTS Motorcycle Safety Campaign.

The Anaheim Police will conduct four Motorcycle Safety and Enforcement programs over the next year. The department will take to the streets and focus on the motorcycle rider. Officers plan on working with motorcycle shops, clubs and dealers in the area to first educate the rider and then ensure they are in compliance with the law. DUI and the proper use of helmets will be the first on the list as these are the primary causes of death and serious injury to the motorcycle riding public.

For any media questions, contact Sergeant Rick Martinez at (714) 497-6608 or email him at Rmartinez@anaheim.net

## End of Press Release.

Notice the part about the motorcycle safety and enforcement programs. It looks like the writing is on the wall in Anaheim and they are going to start rousting bikers, motorcycle riders, and shops. If this occurs, I say boycott Anaheim. We have a right to be on the street too.

California Motorcycle Accident Lawyer and Biker Attorney

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