Reading the newspaper this morning, I saw that a man from Indio out for an afternoon ride on his bicycle was hit by a water tanker truck. Robert Escovedo died on the scene on Eb Avenue and Jackson Street. The Indio police are investigating what happened.
Most bicyclists observe rules and regulations for a bicycle rider; some do not. For your information there are Bicycle Rules and Safety information located on the California DMV website: http://www.dmv.ca.gov/about/bicycle.htm.
Someone was not watching or paying attention to the surroundings. The bicyclist probably never had a chance, especially with such a large truck.
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According to the OC Register, a 21-year old Cal State Fullerton student was the cause of two San Bernardino sisters dying Monday morning. The CSUF student, Jessica Shekell, was driving west in the eastbound FasTrak lanes on the 91 Freeway when she collided with a 2009 Chevrolet Silverado. The driver, Sally Miguel, 44, died at the scene. Her sister, Patricia Miguel, 30, died shortly after at the Western Medical Center in Santa Ana. Two young nieces, ages 15 and 11, were in the back seat; they were treated for major and moderate injuries and then released. None of the San Bernardino passengers were wearing seatbelts.
Jessica Shekell was treated at UCI Medical Center in Orange. She is now facing charges of driving under the influence.
I am not representing either of these parties. But I can just image that no matter what happens, whether or not the family of the victims sue for wrongful death or whether or not the attorney representing the student can mitigate the damage of the criminal charges, it is a tragedy all around. No attorney in the world can bring back the life of the loved one, or completely take away the stain of criminal action.
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\\ tags: 91 Freeway, attorney, car accident, Drunk Driving, DUI, FasTrak, lawyer, Wrongful Death
Identity theft is becoming a big problem in California, especially in the Palm Springs - Palm Desert areas where many people vacation or live. Identity theft happens when someone unlawfully takes another person’s personal information and then uses that information to obtain loans, credit cards and access to bank accounts that are not theirs.
The Federal Trade Commission states that over nine million people are victims to identity theft in this country every year. Most people are not aware this is happening to them until they receive a ‘past-due’ bill or excessive fees on an account they did not use. It is interesting to note that many insurance companies cover identity theft on a homeowner’s policy. The Insurance Information Institute states that adding this to your policy costs between $25 and $50 a year – not much, considering what the consequences could be.
At the recent California’s Annual Identity Theft Summit, Governor Arnold Schwarzenegger said, “Identity theft is one of the fastest growing crimes in the country… It can happen to anybody… it doesn’t matter how big you are, how little you are, how famous you are, how unknown you are…”
In order to protect your identity, never give personal information to anyone on the telephone – no matter who they say they are, shred all documents that have sensitive information on them and keep a firewall or anti-spyware on your computer. If you believe your identity has been stolen, contact your bank and credit card company immediately.
On the flip side, it doesn’t take much to be accused of committing identity theft. Technology can put up walls and false fronts to hide the real culprits. If you have been accused of stealing the identity of another, it is important to consult with an knowledgeable criminal defense attorney immediately.
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\\ tags: attorney, Criminal Defense, identity theft, lawyer
The Auto Club’s monthly magazine had an excellent article about “The Fall and Rise of DUI”. It warned how driving under the influence of alcohol or drugs is once again on the rise in California. Alcohol-related deaths are up 49% in the last few years. California has made significant strides in the past to combat DUI. For example, California started Mothers against Drunk Driving (MADD) in 1980. But this latest trend is disturbing.
Palm Springs has some of the strictest DUI laws and penalties in the country. This includes up to one year in the Palm Springs County prison for a misdemeanor DUI or several years in the California State prison for a felony DUI. The circumstances surrounding the arrest determine how extensive the punishment will be – blood alcohol level of .20 percent or higher, failure to submit to a chemical test, having a child in the vehicle, etc. Keep in mind jail or prison time is not the only punishment. Palm Springs has fines that range from $390 to $1,000, mandatory attendance at an alcohol or drug program and suspension or revocation of your driver’s license – to name a few.
Finally, A DUI arrest in Palm Springs amounts to two separate cases against you – the criminal case in the courts and the DMV. Palm Springs also has the California “3-Strikes Law”. If you have two strikes already against you and you commit a felony crime, you may be looking at least 25 years to life in a California jail. No one arrested for driving under the influence should try to go to court without the presence of knowledgeable DUI attorney, particularly here in the Coachella Valley.
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\\ tags: 3 strikes, attorney, Drunk Driving, DUI, fine, jail time, lawyer, Palm Springs, penalty
A client stopped by my office yesterday to tell me he had a few drinks at a party and a police officer pulled him over on the way home in Palm Springs. He did not think he was drunk but the officer made him take several field sobriety tests. My client felt that this was unfair because he didn’t think he was showing any of the typical signs of intoxication, like slurring his words. But, according to Vehicle Code Section 23152a, “It is unlawful for any person who is under the influence of any alcoholic beverage or drug or under the combined influence of any alcoholic beverage, to drive a vehicle”. According to Vehicle Code Section 23152b, “It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle”.
He told me the police officer made him take a ‘Horizontal Gaze Nystagmus’ test. He had to follow the movement of the police officer’s pen. The police officer made him count backwards and touch his nose as well. He was under the impression that this was an infringement of his rights because he felt the police officer was on a fishing expedition, looking for any reason to arrest him for DUI. Unfortunately, when an officer suspects you of driving under the influence, he is perfectly in his right to test you. This is why I recommend that if you have been drinking, just don’t drive.
He was certainly scared; this had never happened to him before and he didn’t know what to expect. Fortunately in a case like his, it is typical to not receive any jail time, but there is a fine to pay between $300 and $1,000. It’s also likely that his car insurance premiums will increase and he’ll probably have to attend mandatory alcohol classes for 3 to 9 months.
The best course of action is to always avoid driving after drinking alcohol. But if you are pulled over, the next best thing you can do is to contact an experienced DUI lawyer immediately. Good legal help can mitigate or even prevent the damage that a DUI conviction can bring.
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\\ tags: attorney, Criminal Defense, Drunk Driving, DUI, lawyer
People in Indio participated in a Walk-A-Mile event to benefit domestic violence victims, specifically Terria Smith, a reporter at the Desert Sun. Terria was able to break the cycle of violence. Terria is one woman in four who was a domestic violence victim. In 2007, over 100 women died in California because of this. A study done by the United States Department of Justice indicates that the same partner also physically assaulted 81% of women stalked by the same partner.
No one has a right to hit another person. You do not have to be a victim; there are things to do, a safe place to go to, and people to help you. You must look for the warning signs, such as extreme jealousy, possessiveness, a bad temper.
There is help for you. Contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). The Palm Springs Police Department has the Crimes against persons unit (760-323-8144). They investigate all cases of abuse. Finally, I heard about the Shelter from the Storm, located in Palm Desert (760-674-0400).
Keep in mind that if you are in an abusive relationship, you do not need to put up with it, conversely, as a criminal defense lawyer I have seen many people falsely accused of domestic violence. Domestic violence is such a serious offense that you do not want to not address it without legal help. Find help, whether you are the abused, abuser or the falsely accused you can break the cycle with help!
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\\ tags: attorney, Criminal Defense, domestic violence, Indio, lawyer
A friend of mine who lives near Cathedral Canyon Drive and Dinah Shore Drive came into the office the other day. She said the area where she lives is dangerous for students who walk to and from Cathedral City High School. Too many people speed through the desert town and many teenagers find a need to tailgate. Even though the law requires drivers to operate a motor vehicle with reasonable care, too many cars speed through the neighborhood and there have been numerous accidents in the last year or so. The speed limit is 50 mph.
She wanted to know what she could do to change the speed limit in her neighborhood. I advised her that the City Council is considering speed changes as we speak. Statistics show that thousands of pedestrians die each year by negligent drivers. I told her that California requires all municipalities to conduct speed surveys on a regular basis because speed limits are not constant in Palm Springs.
Personal injury victims are hurt because of another person or driver. Most accidents occur between 3:00 and 4:00 p.m. – when children are leaving schools. My friend ended our conversation by telling me that her niece was one of the unlucky people to be involved in an accident in the neighborhood. I advised her to tell her niece not to depend on the insurance company to help her; she needs an experienced personal injury attorney to get her through this time and California statute gives her 2 years from the date of the accident to file a lawsuit.
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\\ tags: Auto Accidents, Cathedral City, Speeding
When someone you love dies from an illness, it is hard to cope; but, when someone dies because of wrongful death, it is devastating! California has laws to protect the surviving members of a victim of wrongful death. These same laws protect same sex partners rights in cases of negligence that results in death. A gay partner can be recognized as a surviving spouse in a wrongful death suit.
Eight years ago in San Francisco, Sharon Smith became the first same-sex partner to be recognized as the surviving spouse when her life partner died after two dogs attacked her. At the time, California’s wrongful death law limited recognition to legal spouses or blood relatives only. The judge at the trial, Judge Robertson, said, “Reading the wrongful death statute to exclude the plaintiff would unduly punish her for her sexual orientation. Such a reading has no place in our system of government, which has as one of its basic tenets equal protection for all.”
Today, California, Hawaii and Vermont are the only states that allow same-sex partners to sue for wrongful death. California Code of Civil Procedure §377.60 identifies the decedent’s surviving spouse, domestic partner and children as proper parties to bring a wrongful death. A domestic partner is defined as one who was in a registered domestic partner relationship that was established in accordance with requirements of the California Family Code.
An experienced wrongful death attorney will be able to guide you through the intricacies in bringing a case involving same sex partner rights. There is much misinformation and myth about the rights of same sex couples. Most reputable personal injury attorneys will not charge a fee for an initial consultation. It’s worth it to take the time to get your questions answered.
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\\ tags: California, gay couple rights, law firm, lawyer, same sex partner, Wrongful Death
I have always want to start a blog, but never seemed to be able to get around to setting one up. But as a self professed neophyte when it comes to technology, I have been blessed with great folks who are making my foray into blogging much easier. I want to make this blog as informative as possible without causing spontaneous narcolepsy. So as you will read in my future posts, I will be sharing my thoughts on recent events and the law that I think are interesting. I hope that you will find it interesting and applicable to you.
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\\ tags: attorney, law firm, lawyer
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