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Green Bay Packers Spencer Havner arrested following Motorcycle Accident

Written on March 16, 2010 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Celebrities, Criminal Law, Editorial, General Legal, In The Wind, Motorcycle Accidents, News, Other, Personal Injury

Green Bay Packers Spencer Havner Green 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

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Tags: biker attorney, biker lawyer, california highway patrol, california motorcyle accident lawyer, california motorycle accident attorney, Celebrities, chp, driving while under the influence, dui crash, Events, green bay packers, nevada california, News, Spencer Havner

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

Written on March 5, 2010 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Motorcycle Product Reviews, News, Other

Allen Dixon of Central Florida Choppers on the Biker Lawyer Blog Through 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

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Tags: allen dixon, biker attorney, biker lawyer, california motorcycle attorney, california motorycle accident attorney, Celebrities, central florida choppers, custom choppers, custom motorcycles, Events, motorcycle sales, News

The End Of The Road For American Chopper – Is the Biker Yuppie Craze Over?

Written on February 8, 2010 by Norman Gregory Fernandez in Articles, Celebrities, Editorial, Just BS, News, Other, Videos

** 2-11-10 Update – I watched the last American Chopper show and it sucked. There was no mention of the series being cancelled which leads me to believe that the series was cancelled by TLC without any advanced warning or planning. Otherwise they would have done some kind of end of series show.

One of my commenters, “Pirate” is right, this show bit the big one. He mentioned that the economy probably has a lot to do with the downturn in custom motorcycles, and even the Easy Rider show in his area. One of my other commentators “Guru” does not understand why motorcycles are not promoted more as a cheap way to save gas and commute.

Anyway I think that TLC did a disservice to watchers like me. They did not even respect us enough to do a final series show. I think that the Teutul’s disrespected us as well by thinking we would continue to watch a series where Paul Jr. and Mikey moped around town designing dog parks, and doing lame comedy routines while their audience wanted to see custom motorcycles being made.

Anyway that is it; I wonder if we will see any other motorcycle type of shows on cable?

Well the TV series American Chopper is suddenly coming to an end; the last show is this Thursday at 9:00pm EST on the Learning Channel.

Many of you may have read the article I wrote about the Teutul family lawsuit here.

I became aware of the fact that the show was ending when I saw a commercial on TLC announcing that the very last show would be this Thursday. I thought it was kind of odd that Paul Jr. was the one announcing the end of the show on the commercial since he was fired by his dad, (see below) and his is being sued by his dad.

I am sure that most of you know that American Chopper is or should I say, was, a very popular show on TLC about the Teutul family and their building custom motorcycles at Orange County Choppers in New York. The show also showcased some heavy duty family fighting.

I firmly believe it was TV shows like American Chopper, Biker Build-off, Motorcycle Mania, etc., that fueled the Yuppie motorcycle craze of the early 2000’s. Love the shows or hate them, they drove motorcycles into the mainstream, and made them more popular than ever.

Now it is almost impossible to find any of the reality based motorcycle shows that were running throughout the early 2000’s.

I myself was a regular watcher of America Chopper, and had it set to record on my digital video recorder automatically. I did not watch it for drama; I watched it because I thought the custom motorcycle build part of the show was pretty cool. I also watched other motorcycle reality TV shows when they were on. I believe that American Chopper is the last of the genre.

Some people may have thought that the show was BS, but in my humble opinion, it was a good watch, something better than let’s say watching some BS game show.

I have been riding motor powered mini-bikes and motorcycles since my dad put me on one at the age of 4 in 1967. I remember having to kick start (or push start) my motorcycles in the 1970’s, and early 80’s. I have been riding well before the yuppie craze started with motorcycles in the 2000’s.

Nonetheless I have nothing against yuppies. I believe the more people on motorcycles, the better. Anyway, getting back to American Choppers, I wonder if this will spell the end for Orange County Choppers. Who knows? Anyway, I will be watching on Thursday as I am sure will all of you, to see what happens, and bid a farewell to a show that gave me enjoyment.

Now I leave you with a clip of the reality that apparently tore the Teutul family apart, Paul Jr.’s firing. Maybe now these guys can pull their heads out of their asses and be a family again.

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Tags: american choppers, Articles, biker attorney, biker lawyer, california personal injury attorney, california personal injury lawyer, Celebrities, custom choppers, end of show, Events, finale, News, occ, orange county choppers, paul teutul

I am Getting Hitched on January 30, 2010; Another One Bites the Dust!

Written on January 14, 2010 by Norman Gregory Fernandez in Announcements, Articles, Editorial, Just BS, News, Other

Elizabeth and Norman Engagement Photo, Redondo Beach, CA, 1-17-2010 *** January 29, 2010 Update – Tomorrow is the big day. My thoughts; Am I crazy for doing this? stay tuned.

Well this is my first article of the year 2010. You may have been wondering why I have not posted anything lately; well it has been a hectic month, oh and by the way, I am getting married to my long time fiancé on January 30, 2010. (So long as she signs the 20 something page Prenuptial Agreement:))

First off this has been one hell of a busy month for me as soon as the New Year started.

My law firm handles many types of legal matters. I myself focus on Personal Injury and Family Law matters. My partners and associates handle other types of legal matters. Since the New Year the shit has hit the fan with work; I guess this is a good thing. I am preparing for a major motorcycle accident trial in Northern California, as I also help my other personal injury clients, and family law clients.

As fate would have it, all of this is happening on the month of my wedding. Geez Louise, I had no clue that getting married could be such a friggen nightmare with all of the planning and expenses. I will get to all of this below.

With respect to my bride to be Elizabeth, she is a real dang trooper I will tell you that. She stayed with me through probably one of the longest engagements in history, 9 years.

Heck, we have had our share of problems, and even broke up a few times, for some very short period’s time over the years. In the end, we just could not stay away from each other. We just had to be with each other. Don’t ask me to explain because I can’t.

How We Met

I met Elizabeth back in early 2001. I used to work out at Bally’s Gym in Chatsworth, CA many times per week. I was what you would call a serious gym rat. When I went to the gym I was very serious about my workouts, and tried to avoid talking to people, because it would interfere with my workouts. For this reason, I would go to the gym late at night about two hours before it closed at around 10:00pm during the week.

At the beginning of my weight lifting day workouts, I used to walk on the treadmill for 5 minutes in the cardio room 3 days per week. On my non weight lifting workout days, I would walk on the treadmill for 30 minutes per day 3 days per week.

While I was walking on the treadmill sometime in the year 2000 or 2001 one day, I noticed a good looking brunette in the mirror, sitting on a recumbent bike machine, peddling slowly, reading a magazine behind me. Since the treadmills were in front of the machine she was on, I saw her by looking at her through the mirror.

Elizabeth

It seemed like every day that I went to the gym, I saw this good looking brunette gal sitting on the recumbent bike machine, peddling slowly, reading magazines. She was in my eye as the old saying goes. I noticed that she seemed to know everyone at the gym, many gals and guys would stop by her and talk to her.

I cannot explain it but one day while I was looking at her in the mirror, I knew that we would be together. Mind you, at this point I had never even talked to her, let alone said hello to her. I just knew we were going to be together. Talk about fate; anyway.

One day I got off of the treadmill, and said hello to her as I walked by her. This went on for sometime, day by day. We would just say hello to each other.

Eventually, we started having small conversations. Turns out she is a French Babe, etc. (for those that know me, it is an inside joke ) I started to really like Elizabeth. At some point I could not wait to see her in the gym. I finally built up the nerve to ask her if she wanted to go out on a date. The rest is history.

Our First Date

When I asked Elizabeth to go out with me on a date, I told her that we would ride my motorcycle to a club in Hollywood. To my surprise she said yes. It takes a special kind of woman to get on the back of a motorcycle. I myself was always petrified to be a passenger on the back of a motorcycle. As it turns out, Elizabeth is a natural. Anyway, getting back to our first date………

Elizabeth

When I picked her up for our first date, she looked very nice indeed. She had on some high heel boots, and a nice outfit. She jumped on the back of my motorcycle like she belonged there.

We rode my motorcycle from Chatsworth to Hollywood, CA. During the ride I accidentally brushed my hand up against her leg while she was sitting behind me on the motorcycle. (At least that is what I told her)

When we got to the Rainbow in Hollywood, we shared our first kiss pretty much right after she got off the motorcycle. (I always told her after that date that she was a wild woman!) We had one hell of a fun first date, but I must say that I took my time courting Elizabeth. I was a perfect gentleman with her. That is probably why we are still together after all of this time.

By the way, the day after our first date I discovered that Elizabeth had melted her boots on my brand new Cobra Slash Cut Pipes on the motorcycle. I was sick to my stomach. I spent hours trying get the melted rubber off of the chrome. It never came off.

As it turns out, she had spent hundreds of dollars on those new boots just for our first date. I guess she was looking forward to going out just as much as I was.

Elizabeth at the Grand Canyon

Elizabeth has stuck with me through hell and back over the past 9 years. As you can read in many articles on here, she has faithfully stayed by my side and on the back of my motorcycle when most women would say “hell no.” She has ridden on the back of my various motorcycles well over a couple of hundred thousand miles over the years. She has worn my property patch, and been right in the thick of the motorcycle club world even though she is a normie; a normie meaning no experience with the motorcycle world until she met me.

Heck, I remember one time; Elizabeth had some kind of surgery. She was in pain. My brothers were doing the “Halfway Run” up to Fresno, CA. She was supposed to ride in the chase van with one of my brothers, instead, at the first gas stop; she jumped out and got on the back of my motorcycle. She absolutely could not stand not being on the back of my motorcycle. She is that kind of woman. Loyal no matter what.

I have put her through her paces. I would estimate that hundreds if not thousands of bikers and motorcyclist over the past nine years have met Elizabeth as she rode with me to all types of events and biker social settings. Who can forget the time she panicked when we went up on the scissor crane at the Hollister Rally. (She literally freaked out)

When most of my brothers are riding by themselves because their old ladies wanted to stay home, Elizabeth was always behind me on my bike. Anyone who rides with me knows we ride as a team.

Elizabeth and Norman

She has ridden with me through freezing cold, rain, blistering heat, for thousands and thousands of miles. She is a true shotgun rider and a trooper.

She was even by my side one time when my club was surrounded by another club at the Las Vegas Biker Fest in 2004. She was smart enough to get out of the middle of the circle. The club that surrounded us ending up becoming good friends of mine and we had a late dinner right after the incident. (Luckily one of my brothers put his hand out for a handshake but this is a whole other story)

Elizabeth has been that diamond gal that every man hopes to meet in his life. She is the angel on my shoulder when I want to do something stupid. She gives me encouragement, advice, and pushes me to be my best. The least I can do is marry her right?

As I sit here typing this article, I can literally think of what seems like unlimited times she has been there for me. When I was sick she was there for me, when I had some internet stalkers and whacko’s threatening me, she was there for me, when I expanded my law practice she was there for me. What more can a man want?

Now she is in law school herself. I think we would make a good husband and wife attorney team!

The Pending Marriage

My friends, brothers, and family who know me know that I am not a flashy type of guy. I would be satisfied with a simple wedding in Las Vegas with a few close friends and family.

I do not know what has happened, but my wedding has turned into the Barnum and Bailey circus. Hell, we have the fancy ceremony and reception location, all of the dang planning involved in that. Invitations, photographers, DJ, Officiant, Dress, Tuxedos, cake, guest list, diamond rings, flowers, this and that, even a dam cake topper and serving set.

Elizabeth at Neptune's Net

This is going to probably be one of the fanciest dang weddings of 2010. Our guest list is huge.

Guess who has to pay for all of this?

Hell I told Elizabeth, “I could buy a new top of the line Harley Davidson Touring Motorcycle for cash with what this damm wedding is going to cost me.” “I should just get the Harley.”

Then again, looking at her pictures above, I think she is worth it

So what can I say in 16 days, 6 hours, and 52 minutes as of the writing of this article, I will tie the knot; Mazeltov.

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Tags: Announcements, Events, getting hitched

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

Written on December 20, 2009 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Courts, Editorial, Education, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Other, Passenger Injuries, Personal Injury, Regulations

Tort Reform takes away your legal rights When 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.

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Tags: Articles, big business, california motorcyle accident lawyer, california motorycle accident attorney, california personal injury attorney, california personal injury lawyer, Celebrities, Events, insurance companies, News, norman gregory fernandez, tort reform

Billy Lane to Face 9 years in Jail as Part of Plea Bargain Deal

Written on June 8, 2009 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Celebrities, Courts, Criminal Law, Editorial, Fatal Motorcycle Accident, General Legal, News, Personal Injury

Billy Lane 2009 *** August 18, 2009 Update.

Billy Lane got 6 years in prison and probation after he gets out. Look for a new article on the subject soon.

*** June 17, 2009 Update.

Billy Lane’s plea of guilty to vehicular homicide was accepted by the Court last week. He will remain free until his next Court appearance on August 14, 2009, when he will be sentenced. It is said that he will probably avoid prison. Part of the plea deal mandates a lifetime suspension of his drivers license in Florida, however he could petition the Florida department of Highway Safety and Motor Vehicles for a hardship licence.

He faced up to 15 years in prison, however according to published reports his plea deal mitigates his maximum possible sentence to 9 years. He may also be sentenced to house arrest or probation.

In June 2002, motorcycle builder Billy Lane of Melbourne Beach, Florida was on top of the world. He sold custom-built motorcycles at $30,000 to $40,000 a piece. He gained fame and celebrity status through various reality TV shows. He was subsequently was invited as a featured guest to motorcycle shows and festivals all over the United States and beyond.

Now Billy Lane who is 39 years old, is facing up to nine years in prison on a single felony charge of vehicular homicide in connection with a Labor Day 2006 car crash that left a Gerry Morelock, a Melbourne Beach, Florida man, a motorcyclist, dead.

After several delays, Lane is expected in court Tuesday morning to change his not guilty plea to “no contest.” He would then be sentenced on Aug. 14, 2009, at 9:00am.

“We did get the written plea agreement in,” defense attorney Greg Eisenmenger told several newspapers. “Based on my review of it, I don’t anticipate any problems. I anticipate we are good to go Tuesday.”

Lane was charged two years ago with one count of DUI manslaughter in connection with the 2006 traffic accident in which Gerry Morelock, 56, died.

Police said Lane’s blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass slow traffic on State Road A1A south of Melbourne Beach, Florida. He crashed his Dodge pickup head on into Morelock’s small Yamaha motorcycle on Sept. 4, 2006, police said.

In light of ongoing legal discussions over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove that Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter.

Both charges are second-degree felonies in the State of Florida, punishable by up to 15 years in prison.

Billy Lane 2006 But under the terms of the plea deal, Eisenmenger said prosecutors will drop the DUI manslaughter charge. Instead, they will seek a nine-year prison term for the vehicular homicide charge, a term Lane is eligible for under state sentencing guidelines when his prior criminal record is considered.

Eisenmenger will seek a sentence that calls for no time in prison. “We believe there are mitigating factors in this case. . . . And we’re going to be presenting those to the court at sentencing,” he said.

Since the crash, Lane’s public persona has suffered, but he still seems to be popular at biker and motorcycle events.

A message on his motorcycle shop’s Web site says the shop is closed to the public, though merchandise is available for purchase online. Court records indicate that Lane’s Melbourne Beach, Florida home is going through foreclosure.

Lane reached a confidential out-of-court settlement on a wrongful death suit filed by Morelock’s family. Also, records show that Erin Derrick, a 22-year-old woman who was in the car with Lane at the time of the crash, is suing him for injuries she says have rendered her unable to work.

If Billy Lane does change his plea to no contest tomorrow, I will comment more on this issue at that time. Everyone who reads the Biker Law Blog knows how I feel about people who kill bikers and motorcyclist.

California Biker Lawyer Norman Gregory Fernandez, Esq., 2009

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Tags: alcohol related drunk driving, Articles, billy lane case update, california motorycle accident attorney, Celebrities, Criminal Law, drunk driving, Events, florida criminal law, Motorcycle Safety Tips, News

Two Great After Market Products for the Harley Davidson Detachable Tour Pak: (1) A 4.25 Inch Tour Pak Relocation Kit; and (2) Aluminum Docking Mounts to Replace the Stock Harley Davidson Plastic Docking Mounts; My Review!

Written on June 6, 2008 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Motorcycle Product Reviews, My Harley Davidson Electra Glide, News

California Biker Lawyer Norman Gregory Fernandez reviews 2 great products for Harley Davidson Motorcycles Anyone who has installed the Detachable Tour Pak Rack Kit on their Harley Davidson Motorcycle will soon find a couple of things that could be better.

You can read an article that I wrote about installing a Premium Tour Pak on my Electra Glide by clicking here now.

Tour Pak Relocation Kits

First off, anyone that rides a Harley Davidson Touring Motorcycle will notice that on a stock setup either with the detachable back rest, or standard or detachable tour pak, that it can become very cramped when you have a back seat passenger behind you.

I myself am not fat, nor is my old lady. As a matter of fact my old lady is skinny. Nonetheless we were cramped on my Electra Glide with the detachable sissy bar or the detachable tour pak installed.

I for one don’t mind feeling my old lady behind me on rides, however when you are on a long run doing 500 mile plus days, it is nice to be able to stretch out if you want to. As for her it is nice to not have me using her as a back rest if you get the drift!

I went looking for some way to move her back so that I could stretch out, and to make it comfortable for both of us on long motorcycle runs.

I found 3 after market solutions to relocate the tour pak back.

Kuryakyn makes a 2 inch tour pak relocation kit You can see it by clicking here. They state that it is not compatible with the Harley Davidson Detachable Tour Pak Rack so the Kuryakyn solution was not for me. Besides, I cannot see spending $199.00 for only 2 inches of room!

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The Dodge Answer to the Morelock Family Lawsuit in the Billy Lane Case!

Written on December 16, 2006 by Norman Gregory Fernandez in Articles, Celebrities, Criminal Law, Editorial, General Legal, In The Wind, Motorcycle Safety Tips, News, Personal Injury

Billy Lane

Mike Odom went to great lengths and a 3 hour ride to get a copy of the Dodge Answer to the Morelock Family Negligent Entrustment Case, related to the Billy Lane case.

You can see the full answer posted here on Mike Odom’s Blog.

I cannot comment on Florida law because I am not licensed to practice law in Florida, (I am licensed in California and before the United States Court Central District (Federal Court) but I can say this about the answer; I would expect the exact same kind of Answer to be filed in California!

In California, you are allowed to do a general denial to an unverified complaint. (Unverified means a complaint that is not signed under penalty of perjury). So if this was a California answer it would just be a general denial.

With respect to affirmative defenses; the general rule for all lawyers defending a case it to assert every and all potential affirmative defenses in your answer, because if you don’t you could lose them.

Basically what I am getting at is that the Answer that you see filed by Dodge in its present form looks like a standard answer that any competent lawyer would file on behalf of their client. With respect to litigation; after discovery is conducted it could very well be that the decedent’s (Morelock) family could do a motion for summary judgment or for a judgment on the pleadings with respect to certain or all of the affirmative defenses.

We will see how it all pans out. There very well could be a settlement of the case before or during trial.

I would expect Dodge to cross-complain against Billy Lane for equitable indemnity, (reimbursement) in this case. In California they would have to file a cross-complaint at the time their answer is filed. I do not know for sure if Dodge cross-complained against Billy Lane or not. Maybe Mike or others could chime in on this issue in the comments section.

I handle these types of cases in my own practice. This case could take up to two years or more to get through the legal system. We will see.

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Billy Lane, a Tragedy.

Written on September 28, 2006 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Car Accidents, Celebrities, Criminal Law, Editorial, General Legal, Motor Vehicle Accidents, Motorcycle Safety Tips, News, Personal Injury, Wrongful Death

Many of you probably already know that Custom Motorcycle Builder Billy Lane was involved in a motorcycle accident which claimed the life of Gerry V. Morelock, a 56 year old man who was just out riding his “Street Legal” Yamaha Scooter. It has been alleged that Billy Lane, while driving his custom-painted black Dodge Ram pickup on a suspended license, crossed over a double yellow line and slammmed head-on into Morelock who was just out for a ride, killing him instantly.

After toxicology reports came back showing the Billy Lane had a B.A.C. (blood alocohol content) of 0.192, more than twice the legal limit in Florida, Billy Lane was arrested and accused of drunk driving manslaughter in the death of the other biker. If convicted Billy Lane faces 15 years in prison.

You may wonder why I titled this editorial “Billy Lane, a Tragedy,” and not “Gerry V. Morelock” a tragedy.” The reason I titiled the editorial the way I did is because no one knows who Gerry V. Morelock is, whereas most bikers know who Billy Lane is.

By all accounts Gerry V. Morelock was a great guy, with a great family, and was just out for a ride on his Yamaha Scooter. He did not deserve to die the way he did. His death is a tragedy.

As a lawyer, I am not going to write an editorial about Billy Lane’s guilt. He is innocent until proven guilty in a Court of Law. If he is found guilty then all bet’s are off.

The irony of this story is that one biker killed another biker. I have read in places that Gerry V. Morelock was only riding a Street Legal Scooter, so that does not qualify him as a Biker; WRONG. He was riding on two wheels just like the rest of us. He did not deserve to die that day, he did nothing wrong. Gerry V. Morelock is and was a Biker and deserves the respect and sympathy of the rest of the Biker Community.

Billy Lane was a cager the day he caused the death of Gerry V. Morelock. He was a cager who is accused of drunk driving manslaughter, but also driving with a suspended license and other crimes.

We will have to wait for the Court System to pass judgment on Billy Lane. We all know how the biker community will treat Billy Lane, even if he is not found guilty. We do not like people who kill our own, even if he is one of our own.

So what is the editorial really about? It is about, Gerry V. Morelock, a Tragedy. He was a good and decent man, who was cut down due to no fault of his own, by a negligent cager who also happened to be a biker. He did not even have a chance.

The next time one of you wants to get drunk and put the keys into your car or motorcycle remember one thing; is your life really worth it? Is the life of another really worth it? Would not it be better to take a cab, get a ride from a friend, or even sleeping it off on the sidewalk be better than potentially killing another, and losing your own life and career over it?

Being a Biker Lawyer I get regular reports of Motorcycle Accidents and Motorcycle related injuires and deaths from all over the country. If just makes me sick to my stomach. Most people do not realize the carnage that is occuring to Bikers and Motorcyclist from all over country on a daily basis. It is not pretty. If you are a biker or a non biker; the next time you are riding in your cage, why don’t you take a couple of seconds and remember, the guy or gal on that motorcycle is a human being just like you.

Go in peace Gerry V. Morelock, and may god rest your soul. We in the biker community remember you. Although you were riding a Yamaha Scooter, you were a true biker!

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