Biker and Motorcycle Related Legal Articles

Preface

I'd like to thank the contributors and followers of Blawg Review for the honor of allowing me to lead this year's Memorial Day tribute.

Memorial Day is a day that is set aside each year to honor those men and women who have lost their lives in the Service of the United States of America.

To honor these men and women is to honor not only the United States of America, but to honor the freedom for which the United States of America stands.

Above all, Memorial Day is a day is to remember those brave souls whose willing self sacrifice has given us all a chance to live free in the greatest nation on earth. God bless those men and women who have died in the service of the United States of America.

This year, 2007, our nation is at war both in Afghanistan, and in Iraq. There are strong opinions both for and against the war in Iraq. This Memorial Day, I ask that you set aside your political views, and honor those brave soldiers, who have given their lives in the service of this great nation.

Some may think of Memorial Day as just another 3 day holiday weekend. This is not the case. Many men and women have given their lives so that this nation that we love can be free.

This years Memorial Day Tribute on Blawg Review will continue, and be updated through the traditional Memorial Day which actually is on May 30 of each year. In this way I will try to bring to you as much information as possible.

Norman Gregory Fernandez, Memorial Day, 2007.

Memorial Day History

Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in our nation's service. Memorial Day was officially proclaimed on 5 May 1868 by General John Logan, national commander of the Grand Army of the Republic, in his General Order No. 11, and was first observed on 30 May 1868, when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery.

Battle Deaths

Many men and women have died defending this nation on the field of battle or "on duty" under the colors of our Flag. Here is a partial list of casualties of war through the years to illustrate the significance of the sacrifice of many for our country. These statistics are humbling in the face of the significance of their sacrifice. Over one million men and women have died in the service of the United States of America.

CNN provides us a look at the men and women who have given their lives in Iraq. Poignant as it may be, it is men and women such as these that we honor on Memorial Day. Please take the time to look at each person and remember their sacrifice for our nation.

We also pay tribute to those brave souls who have died in the service of their nation in Operation Enduring Freedom; the war Afghanistan.

KADDISH LIKE PRAYER FOR MEMORIAL DAY
“You who make harmony in the ultimate reaches of the universe, teach us to make harmony within ourselves, among ourselves — and peace for all the children of Abraham and all who dwell upon this planet. (Cong: Ah-mein, ahmin, ay-men.)”—Rabbi Arthur Waskow of Philadelphia’s Shalom Cener.

TAPS: The bugle call played in honor of our nations fallen. Of all the military bugle calls, none is so easily recognized or more apt to render emotion than the call Taps. The melody is both eloquent and haunting and the history of its origin is interesting and somewhat clouded in controversy. In the British Army, a similar call known as Last Post has been sounded over soldiers' graves since 1885, but the use of Taps is unique with the United States military, since the call is sounded at funerals, wreath-laying and memorial services. This is what a Taps and a Military Funeral Sounds like; turn up your speakers. While you are listening you can scroll down and read a tribute to those have fought, and who are buried at Arlington National Cemetery.

Through the generations, the courageous and selfless patriots of our Armed Forces have secured our liberty and borne its great and precious cost. When it has mattered most, patriots from every corner of our Nation have taken up arms to uphold the ideals that make our country a beacon of hope and freedom for the entire world. By answering the call of duty with valor and unrelenting determination, they have set a standard of courage and idealism that inspires us all. Prayer for Peace, Memorial Day, 2007
A Proclamation by the President of the United States of America. (Sorry George you got the date wrong; Memorial Day is May 30, 2007. We observe Memorial Day on May 28, 2007.)

A Short and Poignant Video on the True Meaning of Memorial Day

Rolling Thunder roars into Washington for the 20th time. No Memorial Day weekend in the capital is complete without the ritualistic rumble of motorcycles and bikers of Rolling Thunder. For 20 years now, the nonprofit group has led a “Ride for Freedom” along the National Mall, a full-throttle demonstration in support of soldiers held captive or missing in action. Veterans at the celebration were mostly from the Vietnam War, with a few elderly Korean War veterans on hand along with some younger veterans representing the wars in Iraq and Afghanistan.

The death of a soldier is an event that rarely goes without notice…and that is as it should be. Nonetheless, it is also quite troubling…and though we may not take the time to fully understand our reaction…in some primal way, it is known without analysis or discussion that the loss of a soldier requires a debt of gratitude since the life of each soldier is given in the service of the country we embrace. This unspoken, though well understood, sense of debt exists regardless of how one views the conflict that facilitates the loss of a soldier

Attorney Dan Nunley discusses Putting the Memory Back in Memorial Day on his Oklahoma Family Law Blog. He asks How many of us have specific plans to actively honor those who have given the ultimate sacrifice in service to our nation, and to remember our ancestors, our family members and loved ones who have passed on?

At the American Military Cemetery Henri-Chapelle in Belgium, near the little villages Homburg and Henri-Chapelle, covering fifty-seven acres, rest 7,992 American military Dead. Most of these men gave their lives during the Battle of the Bulge, the Hürtgen-Forest and the advance of the American Armed Forces into Germany during World War II. Their headstones are arranged in gentle arcs sweeping across a broad green lawn which slopes gently downhill.

My Memorial Day thoughts by 21 year Naval Aviator Jeff Huber;

PILE the bodies high at Austerlitz and Waterloo,
Shovel them under and let me work--
I am the grass; I cover all.

And pile them high at Gettysburg
And pile them high at Ypres and Verdun.
Shovel them under and let me work.
Two years, ten years, and passengers ask the conductor:
What place is this?
Where are we now?

I am the grass.
Let me work.

Grass -- Carl Sandburg

When War Was Heroic, Two Memorial Day Addresses by Oliver Wendell Holmes, Jr., brought to us by the Law Librarian Blog.

To begin to understand the full measure of the sacrifice we are here to honor, we must pause to appreciate our own blessings. Just for a moment, stop your mind from racing and soak in this moment in time. Breath in the fresh country air, feel the gentle breeze on your face, look at the green trees, think about the people around you, the relationships you cherish, all the things that make life so dear. Those we honor today will never enjoy any of these blessings again. Lt. Colonel Kurt Wheeler, United States Marine Corps, Retired -Memorial Day Address – New Woodstock, NY, 28 May 2007.

Peter Collier writes: “Memorial Day ain't what it used to be. Once we knew who and what to honor on Memorial Day: Those who had given all their tomorrows, as was said of the men who stormed the beaches of Normandy, for our todays. But in a world saturated with selfhood, where every death is by definition a death in vain, the notion of sacrifice today provokes puzzlement more often than admiration. We support the troops, of course, but we also believe that war, being hell, can easily touch them with an evil no cause for engagement can wash away. And in any case we are more comfortable supporting them as victims than as warriors.”

Bruce MacEwen has posted a Memorial Day picture on his "Adam Smith, Esq.: An inquiry into the economics of law firms blog that says it all.

A personal Memorial Day story about a Missing in Action bracelet can be found at the WonL: Bar Edition Blog.

From the Wayword Word Press, we learn about how Staff Sgt. Kyu Hyuk Chay enlisted in the U. S. Army, only a few credits short of finishing law school, and that he was killed in action in Afghanistan after serving a tour in Iraq.

Stephanie West Allen has posted several Memorial Day video links and a link to an audio rendition of taps on her idealawg this Memorial Day.

Professor James Edward Maule writes in his MauledAgain blog; “The other day as I was reading an article about the Ardennes Offensive, or as it is also known, the Battle of the Bulge, my attention turned to several facts to which I had not previously given much notice. In a period of slightly more than one month, U.S. military forces alone suffered more than eighty thousand casualties. On reflection, that’s not terribly surprising, considering the scale and suddenness of the German attack. What did surprise me was the shortage of replacements, a lack of sufficient personnel to replace those who had been killed, wounded, captured or who had gone missing.” This is a good read that puts Memorial Day 2007 into prospective.

Seth at Quizlaw tells us that; Section 6103 of Title V of the United States Code reads, in relevant part:
(a) The following are legal public holidays: … Memorial Day, the last Monday in May. This is the statutory authority for traditional Memorial Day being on May 30 rather than May 28.

Here is a video tribute to those brave souls who died for their country during and after the D-Day invasion in World War II, and are buried in the American National Cemetery in Normandy. Each marker represents a man who gave is life so that we may be free. This is the true face of Memorial Day. Turn up your sound so you can hear the background music which is called "Hymn for the Fallen.

Susan Cartier Liebel has posted a moving Memorial Day video on her Build A Solo Practice, LLC blog, which was created by 15 year old Lizzy Palmer. Susan states; “Regardless your view on the Iraq war, those serving our country deserve five minutes of our time and our respect.“

An article on the VDare Blog states that the United States of America has 164 national cemeteries, and 24 of them are outside of U.S. territory. At all 164 of them, ceremonies are scheduled on Memorial Day. Probably the quietest such ceremony will be that of the U.S. National Cemetery in Mexico City, a one-acre plot unknown to most Americans. It’s actually the oldest national cemetery outside U.S. territory. The article cites an article in The Arizona Republic which states that "Unlike other U.S.-run war cemeteries in Europe and the Philippines, it's the only place where the buried Americans are considered villains." Maybe it is time to close down this paticular U.S. National Cemetery and bring our troops home.

To close this Memorial Day 2007 tribute to those fallen hero’s who have died in the service of the United States of America, I would like to post a solemn tribute by Professor Stephen Bainbridge, a Law Professor at UCLA. He offers a Memoriam on his http://www.professorbainbridge.com blog, to his grandfather. Irwin Gottschall, of the 17th Cavalry, complete with a picture of his Grandfather. God be with Irwin Gottschall.

God bless those who have given their lives in the service of our Nation, and may God Bless The United States of America.

Everyone that reads my Blog knows that I do not ever condone riding your motorcycle while under the influence of alcohol or drugs.

Nonetheless there are bikers and motorcyclist who do in fact ride while under the influence of drugs or alcohol, and/or are accused of the same. These riders should be aware of what the Police look for in determining whether they are going to do a DWI/DUI stop of you while you are riding your motorcycle.

As you know or should know, everyone accused of a crime in the United States of America has the right to use an Attorney in their defense. If you cannot afford an attorney, one must be appointed for you. This right is guaranteed by the United States Constitution.

Texas DWI Lawyer Jamie Spencer has written an article about how the Police use visual cues to detect whether someone is riding their motorcycle while under the influence of alcohol or other illegal mind altering substances.

Among the factors that police officers use, he cites:

Excellent Cues

• Drifting during turn or curve
• Trouble with dismount
• Trouble with balance at stop
• Turning problems
• Inattentive to surroundings
• Inappropriate or unusual behavior
• Weaving

Good Cues

• Erratic movements while going straight
• Operating without lights at night
• Recklessness
• Following too closely
• Running stop light or sign
• Evasion
• Wrong way

I highly suggest that you check out Attorney Jamie Spencer’s article by clicking here now.

By Norman Gregory Fernandez, Esq., © 2007

I am posting the below video courtesy of youtube.com. This video clearly shows how quickly doing something stupid like speeding at speeds of 100 plus on a motorcycle, on Canyon Roads, can get you killed. The video clearly shows what a motorcyclist usually sees right before they are about to die. He got lucky.

This video personally really pisses me off because I ride the Angeles Crest Highway all of the time, and I observe sport motorcycle riders racing there each and every time I ride the Angeles Crest Highway. I have nothing against sport motorcycle riders. I have many sport motorcycle clients. I do have a bone to pick with riders of any type of motorcycle that are doing everything they can to give us bikers a bad name. Antics like this give fodder to the general public and the government to regulate motorcycles, and motorcycle riders. As usual, it is always the guys and gals that follow the law that get screwed.

If you want to race your motorcycle, join the AMA and do it legally. Take if off of the public roads!

The guy in the video is damm lucky to be alive. This video is a prime example of how not to ride a motorcycle, and how to get yourself killed on a motorcycle. The motorcycle rider in the video is clearly violating the law and risking the lives of others for a quick thrill.

I say it is time for all bikers whether they are cruiser motorcycle riders, sport motorcycle riders, touring motorcycle riders, etc., to band together to put these idiots who want to race on public roads out of business, before they put us out of business. There is nothing better than a little peer pressure to let these guys know that they are assholes and ruining it for the rest of us. We will all suffer due to the antics of a few bad bikers.

Look at the video and tell me what you think!

By Norman Gregory Fernandez, Esq., © 2007

I wrote an article about a California Superior Court ruling which found in favor of a man who has been challenging California’s mandatory helmet laws. You can read that article here.

The case was appealed by the California Highway Patrol. The Court of Appeals of California, 6th District, San Jose, overturned the previous California Superior Court ruling and found in favor of the California Highway Patrol.

You can read a newspaper article about the ruling by clicking here.

I have not had a chance to read the entire decision. The bottom line is that everyone who rides a motorcycle in the State of California is required to wear a DOT approved helmet.

Until I read the actual Court ruling, I will not offer my commentary with respect to the Court’s reasoning. Although I am still for a bikers right to choose whether to wear a helmet or not; the law in California requires everyone riding on a motorcycle to wear a helmet, or face the piper.

By Norman Gregory Fernandez, Esq., © 2007

I just read an interesting article on the freedom of motorcycling that was written by a life long biker from the great State of Arkansas name Barry Tudor.

I may not agree with everything that he wrote in his article, but nonetheless, it is a good article and deserves to be read.

I do agree with Barry that bikers should have the freedom of choice on Helmet issues, and that the powerful insurance lobby is doing everything they can to take away our freedom to ride as we choose, and to limit the horsepower on our motorcycles.

As I have stated in many of my articles; it is very hard to articulate in words, what it is like to ride a motorcycle, and to be a biker. The only way to really know is to get on a motorcycle and do some miles on the open road.

Barry’s attempt at articulating what it is like to ride Motorcycles and to be a Biker is good. I give his article my thumbs up, and recommend that you read it.

His take on helmet laws, and other attempts to legally limit our ability to be free in the wind also deserves to be read.

Without further ado, you may read Barry’s article on the Freedom of Motorcycling by clicking here now.

By Norman Gregory Fernandez, Esq., © 2007

I have seen this question posed many time in various places. I recently read someone pose the question again. I was thinking about posting my article on this subject in the Safety Tips section of this Blog, however, I decided to post my article in the Biker Laws section, because what you do could result in serious legal ramifications to you. This is however, a cross-over issue regarding legal and motorcycle safety.

Those of us who ride motorcycles have almost certainly been tailgated by a cager in a car or truck. It is not a fun experience, especially if they are driving close to the back of your motorcycle at high speed.

Now I must admit; the question that this article poses, does in fact make me chuckle, because I already know the standard bad assed biker responses that I will hear, such as; “I would throw ball bearings through their window;” “I would swing my homemade gauntlet at their windshield;” “I would flip them off as they passed by;” “I would let them pass, and then chase them down and kick their ass;” “I would turn my head and stare them down.” I even heard one biker say that he would throw pink confetti at them.

In reality, the vast majority of motorcycle rider riders would do none of the things that they boast that they would do. There are however, some bikers and motorcycle riders that would actually do the things mentioned above!

There is no set answer to the question I posed in this article, i.e. what would you do if a car or truck is tailgating you while you are riding your motorcycle.

I will offer my humble opinion and solution based upon my own real world experiences, and based upon common sense.

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