Tag Archive: california motorcycle attorney

Rancho Cordova California CHP Captain Arrested in Suspected DUI Motorcycle Crash

Scene of CHP Officer DUI Motorcycle Accident

Scene of CHP Officer DUI Motorcycle Accident

PLACERVILLE – California

A captain with the California Highway Patrol has been arrested for suspected drunken driving after crashing his Harley-Davidson motorcycle in El Dorado County.

A CHP accident report obtained indicates that Robert D. Patrick, 47, was arrested late Friday night, and then released for treatment of moderate injuries related to the motorcycle accident, at Sutter Roseville Medical Center.

According to the report, Patrick was riding a 2008 Harley-Davidson Fatboy southbound on Mt. Aukum Road south of Fairplay Road when he failed to negotiate a curve. The motorcycle traveled onto the dirt shoulder and overturned.

The report stated that due to Patrick’s level of injuries, his level of sobriety was undetermined and subject to further investigation. Patrick was released from the hospital Saturday.

Patrick is a 25-year CHP veteran and commander of special operations at the CHP’s Valley Division office in Rancho Cordova, according to CHP Asst. Chief Ken Hill, who is Patrick’s immediate boss.

Hill indicated that the investigating officers gave Patrick no special courtesy because of his position with the CHP.

“I can assure you we handled it the way we would with any citizen. There was no preferential treatment,” Hill said.

Hill said an internal CHP investigation was underway in addition to the criminal case that will be handled by the El Dorado County District Attorney.

Hill said appropriate action would be taken at the conclusion, but that a DUI conviction would not necessarily end Patrick’s career with the CHP.

For the record I do not think anyone should be riding motorcycles after drinking any alcoholic beverage, because it is flat out too dangerous.

I have friends who regularly drink a beer or two and then ride. I always tell them that it is a big mistake. It is better to wait until you are done riding, before you drink.

The case of CHP Officer Robert D. Patrick is a horrendous example of the pot calling the kettle black. I wonder how many people Officer Patrick has busted in his career for drinking and driving.

I am quite sure he also knows how alcohol affects a person’s ability to drive, let alone ride a motorcycle.

Officer Patrick is innocent until proven guilty. However, if he is found guilty of DUI on a motorcycle, his ass should be fired. We do not need officers breaking the laws we hire them to enforce.

You can read a copy of the CHP Report by Clicking Here Now.

California Motorcycle Accident Attorney and Biker Lawyer

Share

Riding with the Right Gear

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

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography

You have bought a new motorcycle, taken a motorcycle safety course and are ready to hit the open road.

What else can you do to help protect yourself? Wear the right gear – an approved helmet, face or eye protection and protective clothing.

Helmet

Accidents can happen to anyone. According to the Motorcycle Safety Foundation (MSF-USA), one out of every five motorcycle accidents results in head or neck injuries. These injuries can be reduced by wearing an approved helmet. I know they may not look cool, but they can save your life.

There are two primary types of helmets – three-quarters and full face. They provide different levels of coverage. To make sure that you get the most protection from your helmet, make sure that it meets U. S. Department of Transportation and state standards, that it fits snugly all the way around your head, and that it has no obvious defects such as cracks, loose padding or frayed straps.

Whatever type of helmet you chose, be sure to that it fastened securely while riding or it may fly off your head in an accident.

Eye and face protection

When riding, you will be faced with wind, dust, dirt, rain, insects and debris thrown up by other vehicles, you can protect yourself from these by wearing a face shield, googles, or good sunglasses. A plastic shatter-resistant face sheild will also help protect your face in the event of an accident, and goggles will protect your eyes if you’re not wearing a face shield.

To be effective, your eye and face protection must:

  • Be free of scratches
  • Be resistant to penetration
  • Afford a clear view to either side
  • Fasten securely so it will not blow off
  • Allow air to pass through to alleviate fogging
  • Permit enough room for sunglasses or eyeglasses if needed

Protective clothing

The right clothing will help protect you in an accident, as well as providing protection from heat, cold, debris and hot and moving parts of your motorcycle.

Jacket and pants should cover arms and legs completely and fit snugly enough to keep from flapping in the wind. Leather is the best protection but sturdy synthetic materials are a good alternative. Boots or shoes should cover your ankles. Soles should be hard and slip-resistant; tuck laces in so they don’t get caught on your motorcycle. Gloves will give you a better grip and help protect your hands in an accident.

Wear the appropriate clothing for the weather you’ll be experiencing. If you’re too hot or too cold, you may not be able to control your motorcycle as well.

There are plenty of things on the highway that can cause you trouble. Making sure you have the right gear will help
ensure that you have adequate protection should an accident occur.

California Motorcycle Accident Lawyer and Biker Attorney

Share

Why I like Riding Motorcycles

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

The main reason I like riding motorcycles is the feeling I get when I open my Harley Davidson Electra Glide up on the open road.

To be frank, I enjoy riding virtually any brand, make, or model motorcycle on the open road. I just happen to presently ride an Electra Glide.

There is no real way to describe the feeling I get when I ride my motorcycle, except to say that it is it is basically like meditation, or even psychotherapy.

If I am stressed out, taking my motorcycle out for a ride will calm me down.

As for me, I am a long distance rider. This means that I put 10-20k miles or more on my motorcycle every year.

I know many guys who bar hop or event hop on their motorcycles, some just ride on the weekends; hell that is all right too. Whatever floats your boat if you know what I mean?

I really like the fact that many women are also riding their own motorcycles these days. The more riders the merrier.

All bikers and motorcyclist all basically share the same kind of experience when riding; we feel the wind on our face and body, we know what it feels like to crack the throttle on a powerful machine that we ride on and not in, and we all experience the utter freedom and thrill of riding a motorcycle on the open road. City traffic kind of sucks, but once we get on the open road, it is the ultimate.

No cager or person who does not ride will ever understand the feeling of riding a motorcycle, and what a rush it really is.

Another added benefit of being a biker and a motorcyclist is that most if not all bikers and motorcyclist are amongst the most gracious, giving, and all around cool people you are ever going to meet.

You might see a tough looking guy in leathers with a big beard, a real scary looking dude, and yet the guy will turn out to be the nicest guy you will ever meet.

Most bikers will bend over backwards to help each other in times of need, in a way no biker or motorcyclist will ordinarily ever get to experience.

I kind of feel sorry for people who do not ride motorcycles; they will never know the experience of going to a motorcycle rally and having 1000’s of instant friends.

So there it is. I am grateful to be a biker.

By Biker Lawyer and Motorcycle Accident Attorney Norman Gregory Fernandez, © March 3, 2011

Share

An Open Challenge to Any California Attorney Advertising That They Handle Motorcycle Accident Cases!

Norman Gregory Fernandez at the 2nd to last official Hollister Motorcycle Rally

Norman Gregory Fernandez at the 2nd to last official Hollister Motorcycle Rally

*** 9/15/10 Update – I have heard from no other attorney in the State of California who advertises that they handle motorcycle accident cases, and who rides. I issued this challenge almost a month ago. I must conclude that there is some false and misleading advertising going on aimed at Bikers by other attorneys who claim that they are “lawyers who ride.”

If you have had a motorcycle accident in the State of California, and you are looking into hiring someone besides myself to handle your case, make sure you check them out. You are now on notice!

***9/2/10 Update – As expected not one California attorney has accepted my challenge to meet me on a motorcycle ride anywhere in the State of California. Stay tuned. I am going to push this issue. There are a whole bunch of shysters out there advertising that they are lawyers who ride trying to get your business in motorcycle accident cases. There must be at least one out there who really rides right?

I challenge any California Attorney who advertises that they handle motorcycle accident cases to join me on a real motorcycle ride. That’s right a real motorcycle ride.

I will meet you anywhere in the State of California for a motorcycle ride, and I will buy you lunch.

If you are in fact a California Attorney who advertises that you handle motorcycle accident cases, and you actually really ride motorcycles like me, I will mention you here on the Biker Law Blog.

The only caveat’s are that you must have had a valid motorcycle endorsement on your California driver’s license before the date of this challenge; if it is your firm, you cannot push out an associate who rides, it must be you; you cannot hire an associate who rides after the challenge; and your advertisements must have existed prior to this challenge.

In other words, you have to actually do and be what you say you are in your advertisements on the date of this challenge.

We get about a million hits per month here on the Biker Law Blog so imagine all of the free advertising you will get simply by proving that you actually ride motorcycles like you advertise that you do.

You see I am flat out sick and tired of seeing all of the false and misleading advertising aimed at bikers and motorcyclist.

There are some firms that advertise in major motorcycle rags claiming that they are attorney’s who really ride or that they are the original attorney’s who ride, bla bla bla.

I say proof talks, bullshit walks, and enough is enough.

You would not hire a dentist to perform knee surgery on you, and you should not be hiring an attorney who does not ride motorcycles to represent you in a motorcycle accident case.

It just does not make sense to hire someone who does not know the first thing about riding motorcycles, or the bias and prejudice we face as bikers and motorcyclist face in the courtroom, to handle your motorcycle accident case.

Don’t sell yourself short by hiring an attorney to handle your motorcycle accident case, simply because they might have a fancy ad proclaiming that they ride motorcycles. Make sure they really ride motorcycles like they say they do!

So there it is; are there are real attorney’s here in California that ride motorcycles, and who advertise that they ride motorcycles, besides me? I would be shocked if there were more than one that I know of!

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

Share

Custom Motorcycle chopper sales crash in tough economy; now may be the time to get a deal if you can afford it.

Allen Dixon of Central Florida Choppers on the Biker Lawyer BlogThrough the open door at Central Florida Choppers near downtown Orlando, Allen Dixon can hear the rumble and roar of motorcycles traveling up and down Interstate 4.

It is, after all, Bike Week, and Dixon makes his living building motorcycles.

But right now, he isn’t building many. The recession has sent the market for choppers — long, raked-out custom cycles with Harley-Davidson-style engines and tall “ape hanger” handlebars — straight into the Dumpster.

“The $40,000 and $50,000 bikes are gone for now,” said Dixon. 46. “If anyone is buying, its bikes in the $20,000 to $30,000 range, and there’s very little of that right now.”

The downturn has also affected the used market. “Most guys are trying to sell their bikes. I can’t build you one for what they’re selling theirs for. I’ve got one in here right now — the guy probably paid $25,000 for it, and he said if I can get $10,000 for it, sell it.

“A lot of shops — a lot of shops — have fallen by the wayside. But we’re still here, still have the lights on. We’re struggling, but we’re still here.”

Many of us got an introduction to choppers 40 years ago with the release of the film Easy Rider, which had stars Peter Fonda and Dennis Hopper biking across the country, for a while with Jack Nicholson squeezed on the back of Fonda’s bike.

Those bikes were built by California customizer Ben Hardy from retired Harley-Davidson police cycles. Hardy also built some of the bikes used several years earlier in The Wild Angels, one of a series of drive-in movies based loosely on the Hell’s Angels motorcycle gang that helped cement the idea that chopper riders were nonconformists at best, and trouble at worst.

This was also when Japanese-built motorcycles began to make major strides in the business of building large motorcycles. As owners sought to customize their motorcycles, the chopper industry grew, but promptly receded to the point where only dedicated chopper owners kept the business going.

A major resurgence came in 2002 when American Chopper debuted on the Discovery Channel, featuring the bike-building Teutul family from New York. Television also made stars of other chopper builders, including Jesse James, who founded West Coast Choppers in his mother’s garage in 1992 and is now a major personality married to actress Sandra Bullock.

Now, American Chopper has been canceled, the Teutuls are involved in million-dollar interfamily lawsuits, and Dixon feels the pain.

“The motorcycle market is flooded,” he says. “That’s the honest truth. But there are still a few guys out there who want to ride something special.”

That’s where Dixon comes in. He and the customer design the bike in advance.

“It’s something we create together and make it one of a kind. Sure, you can go down to the store and buy a motorcycle, but if you ride it to Daytona this week, you’ll probably see hundreds of bikes just like yours. The only difference is the rider and paint.”

Owning something no one else has appeals to John Argall, a cabinetmaker and chopper rider: “To design something myself and see it built, and know that no one else has a bike like it — that’s what I like.”

Argall’s bike, which Dixon built, is red with black trim — skulls, mostly — and is powered by a V-Twin S&S engine.

And unlike a lot of chopper riders, Argall rides his regularly, not just on weekends. “It’s comfortable. After all, it was built especially for me, so everything fits just right.”

Central Florida Choppers is obviously good at what it does: Trophies from motorcycle shows line the walls of the office.

Likely adding to the challenge for chopper builders such as Dixon is that Honda and Harley-Davidson have entered the chopper market — sort of, at least.

Two years ago, Harley introduced the Rocker, a raked-out, chopper-looking motorcycle that started at $17,295. And in 2009, Honda introduced the 2010 Fury, which has the V-Twin engine that looks like a Harley motor, plus lengthened front forks. The Fury starts at $12,995, and Honda offers about $3,000 worth of options and accessories.

Bikes like those, Dixon says, are merely amusing to dedicated chopper riders. “[They've] been trying to look like us for years, copying the look, the sound, everything. Honda will sell as many Furys that all look alike to anyone who buys them.”

And they are selling, says Kirby Mullins, owner of Seminole PowerSports, a Honda dealer.

“Its heck of a buy for $12,995,” he says, “and you have Honda reliability and a warranty backing it up.”

Also, the wheelbase of the Fury — the distance from the center of the rear wheel to the center of the front wheel — is just short enough so that many insurance companies don’t consider it a true chopper. Insuring a chopper, Mullins says, can get expensive, largely because many of them can’t be repaired easily with off-the-shelf parts.

Mullins agreed that the motorcycle market in general — the chopper market in particular — is going through some tough times.

“I’ve never really understood the chopper market,” Mullins says. “It seems like a lot of people have spent $30,000 or $40,000 on a custom chopper, then a year later, they’re trying to sell them for $15,000.”

“It’s like the boat market,” Dixon says. “No one really has to have a boat, unless you make your living fishing. And no one really has to have a chopper.”

But some people want one anyway, and for those customers, the door is still open, the lights are still on at Central Florida Choppers.

California Motorcycle Accident Attorney and California Biker Lawyer Website

Share

California Helmet Law Ruled Unconstitutional! NOTICE THIS DECISION HAS BEEN OVERRULED!

Norman Gregory Fernandez, Esq. ******UPDATE 5/18/2007, THE BELOW CASE HAS BEEN OVERRULED BY THE STATE APPEALS COURT IN FAVOR OF THE CHP. YOU CAN READ MY NEW ARTICLE ABOUT THIS CASE BY CLICKING HERE!

A Superior Court Judge for the County of Santa Cruz has ruled that California’s Helmet Law is unconstitutional because it is vague and ambiguous.

The gist of the Court’s ruling is that the law cannot be uniformly enforced throughout the State the way it is written, so it is therefore unconstitutional.

Click here to see the actual Court Ruling which in Adobe PDF format.

I have heard that certain Police agencies are continuing to write helmet violation tickets notwithstanding the ruling from Santa Cruz.

You can bet that the State will appeal the ruling.

I am advocate of a biker’s right to chose as to whether they want wear a helmet when they ride a motorcycle or not. There are valid arguments for wearing helmets and not wearing helmets.

Notwithstanding the Court’s ruling, it is safe to say they if you decide to “not wear a helmet” while riding your motorcycle; you will probably still receive a ticket. The Court ruling will no doubt give you a legal basis for challenging the ticket in Court. The bottom line is whether you have the time and resources for challenging a helmet law violation using the Court’s ruling as a basis for your defense.

Norman Gregory Fernandez, Esq. , Copyright 2006.

Share
Share


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 on the About Me Tab on Top to find out more about me

I created this site to provide information to the motorcycle and biker community, as well as general California Personal Injury, and Family Law Information to all.

On BikerLawBlog.com you will find Biker and Motorcycle Legal Articles, News, Links, Safety Tips, Personal Injury, Family Law, and more.

If you wish to contact me or submit articles, you may do so by clicking on the Contact Us button above, or by clicking here now