AvinaLaw.com

Law Offices of Gabriel H. Avina

2013-05-18T10:30:00.000-07:00

Law Offices of Gabriel H. Avina - Filmed with Blackmagic Cinema Camera from Gabriel Avina on Vimeo.

California Traffic Violation Point System Break Down

2013-05-17T10:55:00.001-07:00

Los Angeles lawyer Gabriel H. Avina has been fighting traffic tickets for over 10 years and always tells his clients that dealing with most traffic violations is something most people can do without an attorney's help. However, in some circumstances it may be important for you to seek the representation of an attorney, such as in a situation where you will be out of town and cannot be present in court yourself, or in a case where there may be serious criminal charges, such as with a DUI.

Perhaps the most common reason to hire a lawyer to deal with a traffic violation is where you may face having multiple points on you record. Multiple points on your driving record may designate you as a negligent operator of a vehicle and could result in the DMV revoking or suspending your driver's license, if you amass a certain number of points over a period of time. Under California Vehicle Code Section 12810.5(a), the DMV will presume a driver is negligent if he or she adds to his or her record:

4 or more points in 12 months
6 or more points in 24 months
8 or more points in 36 months

Some common traffic violations do NOT result in any additional points on your driving record.

under Cal. Veh. Code Section 12810.3 cell phone violations of Cal. Veh. Code Section 23123, Section 23123.5, Section 23124.
under Cal. Veh. Code Section 12810.4 blocking a crosswalk or intersection violation of Cal. Veh. Code Section 22526
under Cal. Veh. Code Section 12810.2 seat belt violations of Cal. Veh. Section 27315

However, other common traffic violations do result in points on your driving record, so be aware and keep track of these. Check the DMV website break down of the California point system for negligent operator counts.

Call (323)299-1664 or email gabriel@avinalaw.com to set up a free consultation with Los Angeles personal injury and criminal defense attorney Gabriel H. Avina.

*For more information see our Criminal Defense page.

Why hire Gabriel H. Avina?

2013-05-10T00:17:00.003-07:00

Los Angeles Criminal Defense Attorney

2013-04-17T14:57:00.000-07:00

Gabriel H. Avina is an experienced and aggressive criminal defense attorney, who can help you handle a misdemeanor or felony charge. In his years as a criminal defense lawyer, Gabriel has handled many different types of criminal cases, from simple traffic violations and traffic trials to serious DUI charges, as well as criminal charges of graffiti and vandalism, assault and battery, or drugs and weapons offenses and more.

Gabriel can help you understand how California criminal courts work and can help you understand the process of a criminal case in California.

Whether you are already charged with a crime or are concerned that you may soon be charged and prosecuted, Gabriel can provide a criminal defense strategy that can make a huge difference in the outcome and the lasting consequences of your criminal case. Not only will he fight for you, but he knows how to get results, in any of the following types of cases:

Driving under the Influence (DUI) - California Vehicle Code Section 23152
Suspended License - California Vehicle Code Section 14601
Hit and Run - California Vehicle Code Section 20001
Traffic violations - California Vehicle Code
Vandalism - California Penal Code Sections 594-625c
Theft - California Penal Code Sections 484-502.9, also see Sections 466-469
Embezzlement - California Penal Code Sections 503 -515
Forgery and Counterfeiting - California Penal Code Sections 470 -483.5
Robbery - California Penal Code Sections 211-215
Burglary - California Penal Code Sections 458-464, also see Sections 466-469
Assault - California Penal Code Sections 240-248, especially 240-242
Battery - California Penal Code Sections 240-248, especially 243-244
Domestic violence - California Penal Code 240-248 (above), for spouses Sections 273.8 - 273.88
Sex Crimes - California Penal Code Sections 261-269, also see Section 243.4 in 240-248 (above)
Resisting arrest - California Penal Code Section 148a1
Evading the police - California Vehicle Code Section 2800.1

Drug offenses - California Health and Safety Code Sections 11350 -11356.5
Weapon offenses - California Penal Code Sections 17500 - 17515, also Sections 12001 - 12022.95
Petty Theft with a Prior - California Penal Code Section 666
Three Strikes - California Penal Code Section 667
Probation violation - California Penal Code Sections 1203-1203h

If you have been arrested or if you are facing criminal charges, Gabriel is ready and willing to consult you on your criminal case. Call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE CONSULTATION with Los Angeles criminal defense attorney Gabriel H. Avina.

California Traffic Violation Point System Break Down

2013-04-12T07:56:00.000-07:00

4 or more points in 12 months
6 or more points in 24 months
8 or more points in 36 months

Some common traffic violations do NOT result in any additional points on your driving record.

under Cal. Veh. Code Section 12810.3 cell phone violations of Cal. Veh. Code Section 23123, Section 23123.5, Section 23124.
under Cal. Veh. Code Section 12810.4 blocking a crosswalk or intersection violation of Cal. Veh. Code Section 22526
under Cal. Veh. Code Section 12810.2 seat belt violations of Cal. Veh. Section 27315

Resisting Arrest & Public Intoxication Charges Dismissed!

2013-04-09T17:37:00.000-07:00

On the eve of a four day jury trial, I finally was able to get the City Attorney for Santa Monica to completely dismiss the entire case against my client at the LAX Courthouse today.

Most attorneys would have convinced their client to accept the offer from the City Attorney, which was plead guilty to only one count of Resisting Arrest with no jail time, no probation and no fine. It's a good offer. I advised my client to not take it.

Why?

Because he was innocent. And as much as I tell prosecutors that my clients are innocent, I'm still always surprised by their cynical chuckles.

During the negotiations, it took me to actually explain my entire trial strategy to the City Attorney to get the proposed offer, which caused him to actually travel to the location of the incident, and to see for himself that the Santa Monica Police Department officer was lying in his police report.

Of course the City Attorney didn't explicitly acknowledge this fact. "There seems to be several discrepancies in the report," he said. "Discrepancies?" Pah. More like Constitutional violations. After informing the City Attorney that my client would reject the offer, the City Attorney then stated he would dismiss the entire case instead.

In other words, my client was right. He was innocent. And after several motions and 3 months of legal work, his case was completely dismissed.

This is what lawyers do. We fight. When other people laugh at your innocence, good lawyers prove you right.

If you need a lawyer, call me. I don't chuckle if you say that you're innocent. I listen. Then I fight.

Call 323-299-1664 for a FREE CONSULTATION!

Gabriel H. Avina's 10 Tips for Dealing with a Personal Injury Traffic Accident

2013-04-09T17:19:00.000-07:00

If you are in any kind of traffic accident (including a car accident, truck accident, motorcycle accident, or any other type of auto accident) and you may have a personal injury claim, then there are a few important things you should keep in mind. Los Angeles lawyer Gabriel H. Avina suggests that from the moment the accident occurs you should:

Stop and exchange information with other parties involved in the accident. Stopping at the scene of an accident in which you were involved is required by law under California Vehicle Code Section 20001. At this time you should get driver license, contact, and insurance information from the other parties involved.
Get the contact information of any witnesses if possible. If you believe that liability for the accident will be an issue, and especially in the case of a personal injury, it can be very important to have witnesses to the accident.
See a doctor for treatment. Pay attention to how you feel physically immediately after the accident, the next day, the next week, and even over the next months. Sometimes injuries that seem minor at first can develop into more serious conditions. See a doctor for any injuries or health concerns.
Save any documentation related to the accident. This includes any information you may have, such as contact or other information from the other parties involved, a police report, any information from witnesses, photographs of damages to your vehicle, photographs of injuries, estimates or bills from repairs shops, or doctor's reports or bills.
Consult attorneys for advice. If you have injuries that require medical care, then it may be in your best interest to hire a lawyer to help you recover medical costs. Although automobile insurance companies provide good liability coverage and adequate compensation for property damage in most cases, this is not often the case with physical injuries. Talking to different attorneys about your case can help you decide whether you want to move forward with a personal injury case. Many attorneys provide free consultations.
Don't feel too rushed to hire an attorney. While there are time limitations on when you can enforce your rights, and it is important to bring your claim before these time limitations expire (see # 9 below), it is also very important that you do not to feel too rushed in making a decision.
Hire an attorney who you feel comfortable with. It is important that you hire an attorney who makes you feel comfortable. This means that you should have a lawyer who you feel comfortable talking to, who listens to your concerns, and who provides you with legal explanations that you understand. The California State Bar provides a guide to help you choose an attorney.
Keep in mind that attorneys usually take personal injury cases on a contingency agreement. A contingency fee agreement means that your attorney will be paid a percentage of what the award is if you win in court, or what the settlement is if the matter settles out of court. However, if you lose your case, then your attorney will receive no fee. (But also keep in mind, that regardless of your attorney's compensation, there also may be fees to be paid to the court and possibly other litigation expenses. This is an important conversation to have with an attorney who you are considering hiring.)
Keep in mind the relevant statutes of limitations for your claim. While you have time to decide whether to pursue your personal injury claim, it is also important not to forget about the time limitations imposed by law, known as statutes of limitations. If you do not bring your personal injury case within these deadlines, you can miss your opportunity for compensation. Relevant statues of limitations in California that may apply to personal injury claims include:

2 years from the date of the injury for most personal injury claims under California Code of Civil Procedure Section 335.1
6 months for a personal injury claims against the government under California Government Code Section 911.2

Have patience. If you do decide to hire a lawyer to help you with your personal injury claim, this can be a long process. The exact time that a case may take to resolve depends on the specific facts of the case and how the opposing party responds to the claim. Depending on how the case progresses, the lifespan of a personal injury claim may include: investigation or gathering information for your claim, negotiating with insurance, filing a complaint, settlement conferences, pretrial motions, preparing for trial, and enforcing a favorable judgment.

Call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE CONSULTATION with Los Angeles personal injury lawyer Gabriel H. Avina.

*For more information see our Personal Injury page.

Judge Sandra Thompson Dismissed 2nd DUI because 4th Amendment Violation!

2013-03-13T14:57:00.000-07:00

Today, Judge Sandra Thompson of the the Torrance Courthouse granted a 1538.5 Motion to Dismiss for a police officer's unreasonable search and seizure. By doing this, Judge Thompson confirmed all of our rights against overzealous police officers who think they can pull you over just because you drift in your own lane. She affirmed that you do in fact have a reasonable expectation of privacy.

Specifically, my client was not speeding, and after spending several months attempting to obtain the video footage from the patrol car, I argued a motion that displayed how the only reason that the officer pulled over my client was because of a slight drifting within his own lane. Guess what? This is not illegal. This is not a basis to stop a driver.

Unfortunately, most lawyers won't file and argue a 1538.5 Motion to Dismiss as part of their normal representation. I do. Some lawyers might even charge a lot more money for this type of motion. I don't. This is why you should call Law Offices of Gabriel H. Avina before deciding which lawyer to represent you.

The case law that I argued was People v. Perez (1985) 175 CA3d Supp. 8, 221 CR 776. Perez concluded that in such cases where no traffic laws have been violated, a stop will be justified in California only where the weaving within the lane is “pronounced” and occurs over a substantial distance.

Motorcycle Accidents are Different Than Car Accidents!

2013-03-01T10:44:00.001-08:00

Los Angeles Motorcycle Accident Personal Injury Attorney

Motorcycle accidents are different from most personal injury accidents. Not only are motorcycle accident causes and liability sometimes different than other types of accidents, but also the type and extent of property damage and personal injury that result from motorcycle accidents differ from other types of accidents. Property damage to motorcycles and personal injury to the rider can often be more extensive than other types of accidents.

If you have been injured in a traffic accident, legal representation can help you recover
adequate compensation for your injuries. If you have been injured in a motorcycle accident, then a lawyer who understands motorcycles can better understand how your motorcycle accident occurred and the extent of the damage to your motorcycle.

Los Angeles lawyer Gabriel H. Avina has been riding motorcycles since before he could drive a car. Starting on dirt bikes as a kid, Gabriel now owns only motorcycles, which he rides daily. As an attorney who rides motorcycles himself and has been involved in motorcycle accidents himself, Gabriel understands motorcycle accident issues, such as liability, mechanical and structural damage to motorcycles, and the extent of injuries to the rider that can occur.

If you would like more information, call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE consultation with Los Angeles personal injury attorney Gabriel H. Avina.

Honest Officer, I Was Engaging My Voice-operated Phone - The New Textlaw!

2013-02-28T13:29:00.000-08:00

As many may have already heard, since January 1, 2013, the driving while texting law has been amended with a possible defense.

Now, I'm no fan of police officers pulling anyone over simply because they claim they saw a driver texting someone. In my criminal defense experience, much too often police officers use texting as a pretext to pull someone over when they lack any other legal basis.

However, as an avid motorcyclist, my higher viewpoint than most vehicles allows me to see just how much of a problem texting has become. Everyone is texting. Kids, adults, seniors. Everyone. Lately, every ride I take involves honking at someone who is furiously texting away, only occasionally looking up at the road. Scary stuff.

That's why unlike a lot of critics, I don't see the amended text law as such a problem. Specifically, the amended law added no texting, "unless the electronic wireless communications device is specifically designed and configured to allow voiceoperated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving." Vehicle Code Sec. 23123.5

Will officers still stop you for texting? Of course. But now you have a defense. Now when you exercise your rights to have a traffic trial, you can explain to the judge that you just ended a voice call and were not in fact texting. Additionally, law enforcement can still cite and pull over the reckless text-attics who treat driving as incidental to their texting. Overall, it etches a middle ground that leaves no one completely happy, but does try navigating the practical applications of contemporary technology.

UC Berkeley Agrees to Settle with Photographer

2012-07-20T10:11:00.000-07:00

According to the San Francisco Chronicle, the University of California, Berkeley has agreed to settle with David Morse, a photographer, for $162,500.00. David Morse was arrested by the UC Berkeley police when he was photographing a protest which took place outside the University Chancellor, Robert Birgeneau's, mansion.

Morse said that he was illegally detained and his camera and photographs were illegally seized by university police. Without admitting guilt or fault, the University of California Berkeley has agreed to settle with David Morse. Also, a part of the settlement the University will be changing their procedures towards journalists and photographers, and train their police officers to better handle situations by training them to not target journalists and photographers.

Deposition Tips

2012-06-05T11:08:00.000-07:00

A party chooses to hold a deposition in hopes of obtaining valuable information to use in their case. Depositions are comprised of questions and answers, where the party who requested the deposition usually asks the questions and the opposing party answers. Depositions have to be under oath and are recorded through audiotape and/or video recording. Understandably so, one may not know what to expect at a deposition, especially if he/she has never been to one. However, there is no reason to worry. We, at the Law Offices of Gabriel H. Avina, have come up with a few tips on what to expect in order to help you through the deposition process.

The deposition starts out with the person operating the recording device stating:

His/her name and business address;
His/her employer's name and business address;
Date, time, and place of the deposition;
Name of the case;

Your name;
Who's deposition is being taken; and
If there are any stipulations of the parties.

Remember you will be under oath, so the administration of the oath will be recorded.
After the preliminary statements are taken and you have taken the oath, the questions regarding the case will begin.
As long as the deposition does not take an extraordinarily long time, the time for how long they can last varies, so be prepare to be in a deposition for an hour or two.
After the questioning has finished, concluding remarks are given by the operator and the deposition will be over.
When the deposition is over, if you want a copy of the deposition you may request a transcript.

For more information you can visit our Personal Injury and Criminal Defense pages.

George Zimmerman's Bond Revoked: Credibility and Impeachment

2012-06-01T13:51:00.000-07:00

This afternoon news outlets have reported that George Zimmerman's bond has been revoked for deceiving the court regarding his finances and the fact that Zimmerman possesses a second passport.

Los Angeles attorney Gabriel H. Avina says that this incident could be significant as the prosecution of George Zimmerman moves forward because it could be used by prosecutors in future proceedings to impeach Zimmerman.

Impeachment in legal proceedings is the process of discrediting the a witness, for example by catching that witness in a lie or demonstrating that the witness has been untruthful in the past. When an attorney impeaches a witness during questioning before the court, this results in undermining the credibility of the witness in the eyes of those charged with determining the facts of a case (either the jury or the judge in a bench trial). When the credibility of a witness is undermined, this casts doubt on the accuracy or authenticity of the evidence from that witness.

As George Zimmerman's case moves forward, the prosecution may be able to find ways to use the misrepresentations of Zimmerman to the court in this bond incident to impeach Zimmerman's credibility before the court or before a jury. The prosecution could use this incident as a useful tool to cast doubt on Zimmerman's version of events in this case.

Los Angeles Motorcycle Accident Personal Injury Attorney

2012-06-01T09:59:00.001-07:00

Motorcycle accidents are different from most personal injury accidents. Not only are motorcycle accident causes and liability sometimes different than other types of accidents, but also the type and extent of property damage and personal injury that result from motorcycle accidents differ from other types of accidents. Property damage to motorcycles and personal injury to the rider can often be more extensive than other types of accidents.

If you have been injured in a traffic accident, legal representation can help you recover adequate compensation for your injuries. If you have been injured in a motorcycle accident, then a lawyer who understands motorcycles can better understand how your motorcycle accident occurred and the extent of the damage to your motorcycle.

Los Angeles lawyer Gabriel H. Avina has been riding motorcycles since before he could drive a car. Starting on dirt bikes as a kid, Gabriel now owns only motorcycles, which he rides daily. As an attorney who rides motorcycles himself and has been involved in motorcycle accidents himself, Gabriel understands motorcycle accident issues, such as liability, mechanical and structural damage to motorcycles, and the extent of injuries to the rider that can occur.

If you would like more information, call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE consultation with Los Angeles personal injury attorney Gabriel H. Avina.

*For more information see our Personal Injury page.

Our First Amendment Right to Record Police Officers

2012-05-29T14:57:00.001-07:00

In the last couple years, issues of whether individuals have a constitutional right record police officers, and whether the police may prevent such recordings or later destroy recordings, has become increasingly prominent.

The Department of Justice (DOJ) Civil Rights Division has affirmed the First, Fourth, and Fourteenth Amendment rights of citizens to record police officers in the public discharge of their duties. In an opinion letter issued on May 14, 2012 in regard to the ongoing litigation in Sharp v. Baltimore City Police Department, the DOJ stated that the individual right to record officers who are publicly executing their duties is a First Amendment right. Relying on Glik v. Cunniffe, the DOJ letter states “Recording governmental officers engaged in public duties is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of law enforcement officers.” (DOJ letter, page 2.)

Also in this letter, the DOJ and set forth recommendations for police policies to give law enforcement officers clear guidelines to allow them to perform their duties without violating this right. According to the DOJ opinion letter, with regard to the recordings of private citizens, police policies should:

Affirmatively state that individuals have a First Amendment right to record police officers;
Include examples of the places where individuals can lawfully record police activity, for example individuals not only have the right to record in public parks and public spaces (like sidewalks, streets and locations of public protests,) but also the right to record on private property where an individual has a right to be present (including, but not limited to his or her home);
Include examples of the type of police activity that may be recorded;
Advise officers that they "may not threaten, intimidate, or otherwise discourage an individual from recording police officer enforcement activity or intentionally block or obstruct cameras or recording devices" (DOJ letter, page 5);
Instruct officers that they must not search and seize a camera or recording device without a warrant, except in limited circumstances (DOJ letter, page 5);
Instruct officers that even if a warrantless seizure of a camera or recording device is permitted (because there is probable cause to believe that the device holds a contraband or evidence of a crime, there is a exigency or exception to the warrant requirement, and seizure is for a limited time period), there can be no search of the recording device without a warrant (DOJ letter, page 9).
Prohibit officers from "destroying recording devices or cameras and deleting recordings or photographs under any circumstances"(DOJ letter, page 5);
Define and provide examples for the narrow limitations of the First Amendment right to record: "A person may record public police activity unless the person engaged in actions that jeopardize the safety of the officer, the suspect, of others in the vicinity, violate the law, or incite others to violate the law" (DOJ letter, page 6).
Include other provisions to clarify the role of the officer's supervisor, the guidelines for consent to searches, seizures under exigent circumstances, among other things.

Read the rest of the May 14, 2012 DOJ opinion letter from Sharp v. Baltimore City Police Department for more information. This is an area of law that will continue to develop.

In addition, here is some background information on the litigation Sharp v. Baltimore City Police Department. On May 15, 2010, Christopher Sharp recorded his friends' violent police encounter at the Preakness with his cellphone, and the Baltimore police seized and searched the phone. Christopher Sharp filed against a complaint the Baltimore Police Department, and this litigation is ongoing.

If you need legal representation call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE CONSULTATION with Los Angeles attorney Gabriel H. Avina.

*For more information see our Criminal Defense page.

California Jury Instructions are a Free Online Legal Resource

2012-05-24T12:49:00.000-07:00

If you are involved in civil or criminal case, Los Angeles lawyer Gabriel H. Avina recommends the California Jury Instructions as a good and FREE resource to help you understand the law. The jury instruction forms are composed by the Judicial Council of California to be a concise and plain language description of the law as applied to all types of civil and criminal cases. The court uses these jury instruction forms as templates to instruct each jury before deliberation on the law as applied to the case that jury heard.

Since these jury instruction forms are a plain language description of the issues that a jury ultimately decides, they are a good reference to understand the legal and factual issues that are important to your case. Judges and attorneys routinely use these forms as a reference for both civil and criminal cases.

These forms are also a rich legal resource because below the template instructions there are also notes on “Directions for Use” and “Sources and Authority,” which explain how the instructions should be understood and used, as well as references to the related statutes and case law.

The Jury Instruction Forms from Judicial Council of Californian can be found FREE online on the California Courts website.

The civil jury instructions include forms that cover personal injury topics for car accidents, motorcycle accidents, pain and suffering, and negligence, among other topics. These civil forms also include topics in contract law, insurance law, discrimination law , civil rights, damages and more. The criminal jury instructions cover felony criminal cases and misdemeanor criminal cases, including Driving Under the Influence (DUI).

If you need legal representation call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE CONSULTATION with Los Angeles attorney Gabriel H. Avina.

*For more information see our Criminal Defense page.

Los Angeles Personal Injury Lawyer

2012-05-22T14:46:00.000-07:00

Los Angeles lawyer Gabriel H. Avina is experienced in practicing personal injury law and can help you successfully litigate or settle your personal injury case, including injuries that result from any of the following:

car accident

truck accident

motorcycle accident

pedestrian accident

bicycle accident

As soon as an accident happens, you should keep your rights in mind. Even an injury that does not seem bad immediately after the accident, can later develop into a more serious injury than you could have anticipated. According to Los Angeles lawyer Gabriel H. Avina, starting immediately after an accident, there are a number of steps you can take to preserve your personal injury claim:

1. As required in all traffic accidents, exchange information with the other parties involved in the accident.
2. Use a cellphone or other camera to take photos to document your injuries or property damage.
3. Consult a doctor.
4. Consult an attorney to get personalized advice that specifically fits the facts of your accident and your personal injury claim.

Gabriel H. Avina not only has helped numerous clients involved in auto accidents successfully recover so that they are compensated for their personal injuries, but he has litigated his own personal injury. Gabriel understands the challenges and concerns that arise as both a personal injury lawyer and a personal injury plaintiff.

Call (323)299-1664 or email gabriel@avinalaw.com to set up a free consultation with Los Angeles personal injury attorney Gabriel H. Avina.

Why the Florida Law in Trayvon Martin's murder is not the Problem.

2012-03-21T17:30:00.000-07:00

It's hard not to get angry about the homicide of Trayvon Martin. After all, some stupid guy shot a kid and seems to have gotten away with it for now. But one thing to note about the Florida gun happy law is that it is not the problem. The problem is that the police department simply misinterpreted the law.

Here's the Florida law:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony." Florida Penal Code 776.013

First, it is clear that George Zimmerman is stupid and crazy. No question. But was he "not engaged in an unlawful activity?" No! Imagine Trayvon Martin as a blonde teenage girl. And some 28 year old guy starts following her with an armed gun and approaches her. If she ended up dead, would the Officer have arrested Zimmerman? Absolutely. So what makes Trayvon different? He's a black kid. And for the Officer to not suspect something from the end result of Trayvon's death is more revealing of the Officer's prejudices than what actually happened.

Second, the Florida law clearly states that Zimmerman, "has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death..." Here too, the Officer's misinterpretation of the law illustrates his incompetence. The operative word is "reasonable". That means that the conduct covered by the deadly result must have not been unreasonable.

For example, Zimmerman couldn't have shot Tryvon because he believes all black people with hoodies are bad or up to no good. This would be unreasonable, thereby eliminating the protection of the Florida Statute. But that's exactly what happened. Rather than conduct a thorough investigation, the Police Department simply accepted Zimmerman's account of what happened and didn't second guess how "unreasonable" Zimmerman's account was.

Again, this is not a failing of the gun crazy Florida law. It's the fault of a Police Department that lacks the common sense needed to interpret the law and the backbone to contradict the initial investigation by the reporting Police Officer.

So why hasn't Zimmerman been arrested yet? Because everybody wants to save face. The Officer, the Police Department, the Mayor.

Black kids be damned.

The Importance of Seeing your Doctor after an Accident

2012-02-03T10:06:00.000-08:00

Many prospective clients come to me with severe personal injuries and want to recover what they are entitled to from an accident several weeks after an accident.

Here's the problem - they never went to a doctor or sought medical care after the accident. This is a mistake. If you are involved in a car or motorcycle accident, you must see a medical professional. Sure, you may feel fine at first or even okay after a few days. But many injuries take longer to surface and manifest themselves. This is especially true with auto accidents that cause some type of nerve damage.

Trying to "tough it out" will only preclude you from a significant portions of the pain and suffering compensation that you are entitled to. The insurance company for the driver who was texting when he rear-ended you does not care about you. The insurance company will try to pay out as little as possible and if you do not have your injuries documents, you will not get all the compensation you are entitled to.

Go see your doctor. Even if you don't think it's a bad injury.

*For more tips visit our Personal Injury page.

Muhammad Ali is 70! Happy Birthday.

2012-01-17T18:12:00.000-08:00

For those who don't know, Muhammad Ali is the greatest athlete of all time. It's not even up for debate. It's a fact. The man not only fought some of the biggest and hardest punchers in the history of boxing, he also took on a racist society and the U.S. Supreme Court. And won!

Check out Time's Photo Gallery on his 70th Birthday.

Happy New Year!

2011-12-31T12:02:00.001-08:00

Don't forget, if stopped because of a suspected DUI, or if you believe you may have consumed too many drinks, don't consent to the field sobriety test or breathalyzer test at the scene.

These tests are designed to give the officer enough evidence to arrest. However, DO take the breathalyzer test at the police station if arrested.

Drive safe and have a happy new year.

Merry Christmas from Terry Gilliam in 1968!

2011-12-23T10:46:00.001-08:00

For those who don't know, Terry Gilliam was an American ex-repatriate in the 60's who did the animations for Monty Python. Here is one such video.

Happy Holidays,

Check out the Belgium anti-smoking ad campaign!

2011-11-25T18:28:00.001-08:00

This is how a Belgium anti-smoking campaign gets adults to stop smoking.

Dell Streak 7 Wi-Fi 16GB Tablet $159.99 shipped at BestBuy!

2011-11-25T02:45:00.001-08:00

Dell Streak 7 Wi-Fi 16GB Tablet $159.99 shipped at BestBuy!

Sony Cyber-Shot DSC-TX10 16.2MP / 4x Zoom Waterproof Digital Camera $169 at Amazon!

2011-11-25T00:53:00.001-08:00