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Media Coverage; I was on NBC Last Night

Written on October 20, 2010 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Editorial, General Legal, Motorcycle Safety Tips, News, Riding Attire

In the Parking lot at NBC Studios for Interview and Ride Video

I gave an interview on motorcycle safety at the NBC studios last month. You can read an article about it by clicking here. The video is embedded below.

The actual story was aired on TV yesterday on multiple timeslots. You can read their story by clicking here. The video is embedded below.

The gist of the story was about motorcycle safety inflatable air vest’s and jacket’s. I gave an interview about the legal aspects about the devices.

I was questioned as to why these types of devices were not mandatory in the State of California, and whether I thought they should be.

In the interview I told NBC that I did not think that these devices should be mandatory because among other things they require attachment to the motorcycle, and the attachment point could fail causing a rider to remain attached to the motorcycle in a crash.

I also told NBC that they jury was still out on whether these things actually provide protection when you go down since they take .5 seconds or more to inflate.

Hell you can see in the crash video at the beginning of their story, that the poor guy who hit the car turning left in front of him would not have been saved with this device on the initial impact. It might have helped once he flew off of the bike, who knows.

I told NBC that I would not want to be the crash dummy for such a device.

I gave at least a 20 minute interview and was asked many questions.

They ended up cutting out the legal aspects of this device out of the entire story and relegated me to 2 quotes and an honorable mention. They also did a write up for their website.

They also got some action shots of my riding my Harley Davidson Electra Glide at the beginning. During one shot, the photographer was riding on the back shooting over my shoulder.

I did not think this story was every going to air. I found out that it was on the air, when my father called me and told me he saw it on TV.

With respect to the airbag device, I might just get a vest for my gal and I. When it comes to safety it is better to be safe than sorry.

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Tags: airbag jacket, airbag vest, biker attorney, biker lawyer, california motorcycle accident attorney, california motorycle accident attorney, motorcycle airbag, nbc, nbc news, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez

The Truth about Wearing Motorcycle Club Patches in Lancaster, California

Written on October 16, 2010 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Criminal Law, Editorial, Education, General Legal, News, Regulations

Biker Attorney Norman Gregory Fernandez on the way home from a ride to the Grand Canyon

Many of you may have read news stories or heard rumors that it is now illegal to fly motorcycle club patches in the California cities of Lancaster, and Palmdale.

Here is the real scoop.

It is true that on September 28, 2010 the Lancaster city council enacted an anti-gang ordinance that I and other legal scholars believe is blatantly unconstitutional.

However, it was flat out stated on the record by Mayor R. Rex Perris, and the City Council members, that this law only applies to members of criminal street gangs, not law abiding motorcycle clubs simply flying their colors. I will discuss this more below.

The law states in part that members of criminal street gangs are prohibited from attending city-sponsored events; appearing at public locations; or congregating on front porches with the intent to intimidate or commit a crime.

I happen to know that a local chapter of a major motorcycle club attended an official Lancaster street festival type of function at the invitation of one of the registered vendors about two weeks before this so-called URGENCY ordinance was passed by Lancaster.

I received first hand information from members of the club at the scene of the incident, while it was happening that club members were asked to leave by Los Angeles County Sheriff’s deputies notwithstanding the fact that they did nothing wrong.

Further, members of the same club who were wearing “cuts,” which are vests with the motorcycle club patch on, were asked to leave an establishment, while members with “soft patches,” shirts with club insignia on them, were allowed to stay for a short time, then also asked to leave for no reason whatsoever other than what they were wearing.

It was fairly obvious to me that Mayor Perris and his cronies, created this unconstitutional ordinance, simply to discriminate against members of a couple of particular motorcycle clubs.

Mayor Perris confirmed my suspicions at the city council meeting.

You have to understand, this is happening in “free America.” These guys were doing nothing wrong except exercising their constitutional right to freedom of speech and freedom of association guaranteed to them by the 1st Amendment of the United States Constitution.

So no matter what good old attorney and Mayor of Lancaster R. Rex Perris says, I knew this ordinance was enacted specifically to roust members of motorcycle clubs, and to prevent them from attending public functions.

Hell, Commandant Perris could also discriminate against anyone with this ordinance. All that has to be alleged is that this person looks like a street gang member, get it.

Most people discriminated against under this ordinance would probably just leave the event, and do nothing about it.

I was asked by motorcycle club members to be present at the city counsel meeting where this travesty was enacted, and to speak at the city counsel meeting wherein the anti gang ordinance was on the agenda to be voted on.

Since I am a motorcycle accident attorney and a biker’s rights attorney, I was allowed to speak first, before non-attorney’s. Another attorney spoke after me, saying what I said in a different way.

I told the city council and Mayor Perris that the law which they sought to enact was unconstitutional on its face, and it is subject to strict scrutiny under constitutional law, which means it, must be narrowly tailored to meet a compelling government interest.

In my legal opinion, the language of the Lancaster ordinance is vague, unduly broad, and will give unfettered discretion to law enforcement, and Commandant Perris, to exclude whoever they want from Lancaster public functions. In my legal opinion, it is unconstitutional.

Hell Mayor Perris is an attorney, he knows full well that this law probably would not pass constitutional muster, he and their city attorney flat out admitted that they may have to re-write the ordinance before they enacted it.

The only reason that this was an urgency ordinance is because Mayor Perris wanted to make sure that no low class motorcycle club members would show up for a Lancaster street festival that was to take place about a week after they enacted this ordinance.

It blows my mind that this could happen in a city in the United States of America, but it did.

Oh, I forgot to mention, that there were no less than 20 Los Angeles County Deputies present at the city counsel meeting. Hell, as I walked by after giving my speech one deputy in particular was staring me down in an intimidating way as though I had did something wrong by speaking at the meeting.

What I joke; I am a 47 year old attorney and officer of the Court who was wearing a suit that night, and exercising my constitutional right to speak.

I guess no one told him that I also represent law enforcement victims of motorcycle accidents too. I do not discriminate.

As far as which club members should be careful in Lancaster right now, until we get this law thrown out; all motorcycle club members, whose clubs have been cited by the F.B.I., and the California Department of Justice, as criminal gangs. To be frank, anyone with a patch will probably get rousted. If you do, give me a call immediately!

As far as I know, a person would need to be convicted beyond a reasonable doubt of being in a criminal street gang, before someone could say or allege that they are in a criminal street gang.

The trouble with the Lancaster ordinance is that club members will be excluded from public events, without ever being convicted of a crime.

You and I all know that 99.99% of all motorcycle club members are simply guys and gals who enjoy being a part of a motorcycle club, riding together, partying together, and having a good time.

Hell do you want to talk about controversy, even the KKK, the Nazi’s, the Black Panther’s and every other fringe groups have been allowed to associate, to gather in public, and to speak. This is the essence of the 1st Amendment to our constitution.

Commandant Perris wants to discriminate against members of motorcycle clubs, many of which are military veterans such as myself. (I am a veteran is the United States Air Force and the California Air National Guard.)

What Lancaster has done is flat out Un-American. Who does Mayor Rex Perris think he is thinking that he can get away with banning anyone he and his cronies deem unfit to be in their city? This is not Communist China, this is America Rex Perris. You may think you have gotten away with it; we will see you in Court.

Every club, and pretty much organization in the nation, may have a few rouge members who commit crimes. This does not mean everyone in the club or organization is guilty by association.

If this were true we could call the United States Senate a criminal street gang, or even the Los Angeles County Sheriff’s Department.

It is lunacy to make all guilty for the criminal acts of a few.

I wonder how many employees of WalMart have been convicted of crimes; is WalMart a criminal organization?

Anyway, you have not heard the last of this issue. Whether it is me, or another law firm, we will test this ordinance through the legal process in Court.

By California Motorcycle Accident Attorney, and Bikers Rights Lawyer, Norman Gregory Fernandez, Esq., © October 16, 2010

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Tags: anti gang ordiance, biker attorney, biker discrimination, biker lawyer, california motorcycle accident attorney, california motorycle accident attorney, cut, discrimination, lancaster, mc members, motorcycle clubs, norman gregory fernandez, patches

You Should Always Keep an Emergency Information Form in Your Wallet at All Times (I.C.E. Card)

Written on September 27, 2010 by Norman Gregory Fernandez in Articles, California Motorcycle Accident, Car Accidents, Editorial, Education, In The Wind, Motor Vehicle Accidents, Motorcycle Safety Tips, Passenger Injuries, Riding Your Motorcycle

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

I always recommend keeping an Emergency Information Form, or I.C.E. card (In Case of Emergency) card in you, and your loved ones wallets, purses, or on your person at all times.

Why? Because you never know when you will have a life or death emergency.

Having an I.C.E. card can not only mean the difference between life and death for you or a loved one in an emergency, it will also allow emergency responders to contact your family or whoever you designate as your emergency contacts in case you are unable to communicate.

An Emergency Information Card is ideal for:

Children
Elderly persons
Motorcycle Riders
Participants of risky activities
Anyone with serious medical conditions or allergies

However, even if you are not in the above categories, an Emergency Information Card may god forbid help you one day. Everyone should carry one.

It is one of those things that you never think that you will need until you actually need it. It can save your life.

My law firm has created an Emergency Information Form that can be filled in online and printed, a blank form can be printed and filled in by hand, it can be saved to your computer for later use, or you may even email it to your family and friends so that they can create their own Emergency Contact Form.

To go my law firm Emergency Information Form Click Here now. You may fill in the form on your computer, and then click the print button to print the form.

You may print in on one or two pages, or print the form two sided on one piece of paper. You may also use your printer or a copy machine to reduce the size of the printed form if you like.

Then simply fold it up and stick it in your wallet, purse, or somewhere where an emergency responder can find it.

I myself have one of these cards in my wallet, and I also keep an “In case of Emergency” contact in my cell phone. The problem with the cell phone is that if it is broken up on the side of the road, it is useless.

I am glad that I could provide this service for you. Hopefully like motorcycle or car insurance, you will never need it!

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © September 2010

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Tags: california motorcycle accident attorney, california motorcycle accident lawyer, california motorycle accident attorney, emergency information card, Emergency Information Form, I.C.E. Card, In Case of Emergency Card

I Replaced my Harley Davidson Advanced Sound System with a state of the art Sony Stereo System; Here is My Review.

Written on June 6, 2010 by Norman Gregory Fernandez in Articles, Demonstrations, Editorial, Education, Motorcycle Product Reviews, My Harley Davidson Electra Glide, Videos

Biketronics Harley Davidson Sony Stereo System on Motorcycle 1

Norman's Sony Stereo - Biketronic's setup

See Video Review Below!

Background

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

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

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

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

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

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

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

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

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

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

The Biketronics Article and Review Continues below the two videos.

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

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

Research

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

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