Category Archives: General Public Interest

WHAT TO DO IF YOU GET PULLED OVER?

Posted on by

Knowing what to do in the event you get pulled over is very important. However, it is equally important to know the reasons for getting stopped by a law enforcement officer so as to avoid being pulled over in the first place.

Here are a few of the top reasons:

  1. Speeding. Clearly, driving above the speed limit is most likely going to catch the attention of the police, sheriff or C.H.P. Because it will take longer to react to an unexpected event, and the braking distances increase the faster one drives, this is the number one reason law enforcement pull over drivers as it obviously helps prevent accidents.
  2. Cell Phones. With the proliferation of mobile devices, nearly everyone is using a cell phone throughout the day and night. However, using a cell phone to text and/or talk with another person while driving a vehicle is another major reason you will get pulled over. And, to deny you were using the phone or to throw the phone on the seat next to you may not be as clever as it might seem; cell phones not only maintain their own records on the device, but can be traced to the cell towers to identify the time and location of our communications.
  3. Unsafe & Hazardous Driving. It should be no surprise that, among other things, following too closely; driving through a stop sign or red traffic signal; making an illegal U-turn; failing to yield to other vehicles; unsafe and/or improper lane changes; driving too slowly; not wearing a seat belt; and, failing to signal are at the top of the list of the various reasons for getting pulled over by law enforcement.
  4. Vehicle Equipment. At the top of the list of equipment violations are improperly (extremely) tinted windows; headlights that are inoperative (such as burned out); expired registration license plate stickers; and, having no license plate on the front bumper. These are vehicle equipment reasons officers make traffic stops.

 

Considerations:

Once you become aware an officer intends for you to stop your vehicle, you should cautiously pull over to a safe area of the road or freeway as soon as possible. When the vehicle is at rest, the motor should be turned off.

The officer will request your driver’s license, vehicle registration and proof of insurance. Being evasive or denying any wrongdoing when it is clear you violated the law is not likely to be in one’s best interest. Also, do not argue with the officer. Being polite as in most situations we face is generally the wisest decision.  By talking back to or arguing with an officer, it is likely the officer will be angered; and, being confrontational, probably will exacerbate the situation. Since an officer has discretion on how to proceed, there is little or no reason to get into a conflict with him/her. On the other hand, if the officer asks “Do you know why I stopped you,” it is noteworthy that anything you say can and will be used against you (see information below).

Some Relevant Laws:

The Fifth Amendment to the U.S. Constitution: This Amendment to the Constitution guarantees one the right to remain silent and to be free from self-incrimination. In the situation of a traffic stop, however, refusing to talk to an officer can result in unintended consequences. Ordinarily, a traffic stop is deemed an investigatory process; at the outset, you are not considered to be in custody and, therefore, there is no requirement to be admonished by law enforcement as to your rights. If you are asked to “voluntarily” come in to the police or sheriff’s station for questioning, you can refuse. On the other hand, once an individual is arrested, you will be taken into custody and, therefore, should obtain the advice of a criminal defense lawyer before making any statements. And, if the traffic stop escalates into an arrest, you should affirmatively invoke your Miranda rights under the Fifth Amendment and remain silent. However, it is important to do all of the above calmly and politely.

The Fourth Amendment to the U.S. Constitution: If an officer decides to detain you, there may be sufficient evidence to do so. If there is probable cause to make an arrest, however, the situation as noted earlier becomes one in which you are in “custody;” then, the officer must state (commonly referred to as the Miranda rights)  you have a right to remain silent; anything you say or do can and will be used against you in Court; you have a right to an attorney; if you cannot afford a lawyer, the court will appoint one. At the point of what can be characterized as a custodial interrogation, it is highly recommended you do not answer any questions nor voluntarily provide your own narrative of the facts without the prior advice of legal counsel.

This blog is not intended as legal advice. Each situation requires a proper and thorough evaluation of all of the facts and circumstances. It is noteworthy that there are many articles on the above subject matter. In addition, you can view more information by clicking the topic Probable Cause and Miranda rights.

CALIFORNIA NEW VACCINE LAW – WHAT TO KNOW

Posted on by

On June 30, 2016, Governor Brown signed SB 277 into law a vaccine bill that bans personal and religious exemptions for schoolchildren. Medical exemptions, such as for those children with physician-certified allergies and immune-system deficiencies, will be allowed for those entering day care and kindergarten; this law can be viewed by clicking the link to SB277

Accordingly, and effective July 1, 2016, California bans students from enrolling and, therefore, cannot enter a public or private school unless their family provides proof their child has been inoculated against ten (10) designated diseases.  Only two other states in the nation have such a law [West Virginia and Mississippi are the other two].

Previously, parents could obtain a Personal Belief Exemption (PBE) from the immunization requirements for personal and religious beliefs. Although they can no longer obtain such an exemption, any parent or guardian who filed such an exemption prior to January, 1, 2016, will have the benefit of and, therefore, the exemption will remain in effect until their child reaches Kindergarten or 7th grade.

There are three exceptions in which the subject immunizations are not required: (1) home-based private schools; (2) special education services specified in an individualized education program [IEP]; and, (3) students enrolled in an independent study program who do not receive classroom-based instruction

On July 1, 2016, a lawsuit was filed in the U.S. District Court in San Diego to obtain an injunction to stop the enforcement of the law. These opponents claim they are being denied their right to a public education, and the new law violates the U.S. Constitution and their right to equal protection and due process of law, particularly their right to exempt their children from one or all of the required vaccines because they have inherent risks and unintended consequences.

However, many preventable diseases, including whooping cough, mumps and measles, have risen due to an increasing number of individuals who have declined vaccinations, thereby deemed to negatively impact a growing rate of schoolchildren.

For a detailed recitation of the Communicable Disease Prevention and Control Law in California, click this link to the Health and Safety Code.

California Petty Theft Laws: Detention and Civil Demands

Posted on by

Unless specifically set forth as grounds for Grand Theft, the Petty Theft laws apply, as follows:

  •  Petty Theft is often referred to as shoplifting; as a general rule it takes place when one obtains property by theft, that involves a value less than nine hundred fifty dollars ($950);
  • A first conviction generally constitutes and is punished as a misdemeanor. Penal Code Section 490 provides for a fine for each violation of up to one thousand dollars ($1,000), or up to six (6) months in the county jail, or both;
  • The prosecutor (District Attorney or City Attorney) has the discretion to charge the defendant as an infraction if the person has no prior theft or theft-related conviction (Section 490.1);
  • In addition to other civil remedies, the merchant can make a civil demand and collect up to five hundred dollars ($500), plus costs. In addition, the store may collect the retail value of the merchandise;
  • Pursuant to 490.5 (f) (1) of the Penal Code, a merchant may detain a person for a reasonable time to conduct an investigation if the merchant has probable cause to believe the person of interest unlawfully attempted to take or has unlawfully taken merchandise from the premises of the store.
  • A reasonable amount of force not likely to cause great bodily harm may be used if it is necessary and, therefore it becomes, justifiable, to protect oneself and/or to prevent the person who has been detained from fleeing &/or the loss of the merchant’s property;
  • Following the above principles, the merchant may request the person who has been detained to voluntarily surrender the item in question, and if refused, is permitted to conduct a reasonable search to recover the same. This involves and is limited to handbags, packages, shopping bags and/or other property possessed by the detained person; this search does not, however, encompass any clothing worn. Crimes Against Property:

Although a merchant may demand attorney’s fees or threaten to cause harm to a person’s credit, they do not have the power to do so [attorney’s fees are prohibited in such a case, and because there has been no adjudication of money owed, they cannot report someone to a credit bureau]. Also, it may be deemed a violation of State extortion and Federal collection laws for a merchant to threaten criminal &/or civil action

The facts and circumstances differ in one case from another and, therefore, the information in this Blog is not intended as legal advice.

California Measure on November Ballot to Repeal Death Penalty

Posted on by

Residents of California over 18 years of age and a U.S. citizen who are not currently in prison or on parole for the conviction of a felony and not currently found mentally incompetent by a court will have an opportunity to vote in the November election whether to repeal California’s death penalty law.

If passed, the initiative is intended to repeal capital punishment and replace it with life in prison without parole. Proponents of the measure claim the initiative will reduce the number of inmates as well as lengthy appeals, thereby saving an alleged $150 million per year. In 2012, a similar proposal was barely defeated.

There are over 700 prisoners on Death Row in California, the state with the largest number in the nation. Since 1977 when California reinstated the death penalty, there have been only 13 executions. In January, 2006 and after our last execution, a federal judge concluded there were flaws in the lethal injection procedures along with inadequate training of prison staff and, therefore, the risk of an improper and painful execution was unjustifiable. Since that time, there has been an inadequate supply of single barbiturate (previously used three drug combination) injectable drugs, if any; Judges in the Federal Courts also have not approved new prison procedures and protocols

For an earlier Blog written by this attorney regarding this subject, click here:

Is There Gender Bias in The Movie and TV Industries?

Posted on by

On May 11, 2016, the Los Angeles Times reported a story relating to a previous request by the American Civil Liberties Union for the U.S. Equal Employment Opportunity Commission to investigate a pattern and practice of gender bias in the hiring of primarily male film and TV directors, and more recently to include producers, actors studio executives and agents.

The ACLU had referenced a University of Southern California study in which less than 2% of directors of the 2013 and 2014 top-grossing films were women. The LA Times reporter noted there were nearly a combined 50 new films announced for 2018 by Paramount Pictures and Twentieth Century Fox in which there was not even a single women director. Certainly, these statistics are quite telling, regardless of your position on the subject.

The challenge for the EEOC, and the filing of a civil law suit against and/or mediation involving this industry is complicated by the fact there are a great number of individuals in the hiring process, such as the Directors Guild of America, producers, agents, managers and studio executives.

 

CALIFORNIA SUPREME COURT RULES EMPLOYER MUST PROVIDE SEATS FOR EMPLOYEES

Posted on by

In a unanimous opinion, NYKEYA KILBY vs. CVS PHARMACY, INC., Case # S215614, on April 4, 2016, the Supreme Court of California held an employer must provide suitable seating for its employees as long as it is reasonable to do so in the particular work environment. In other words, the employer must provide seats for their employees:

  1. When the tasks being performed at the location the employee works (physical layout of work place) reasonably permit individuals to be seated;
  2. Utilizing a seat does not interfere with him/her performing any of the tasks that may require standing;
  3. And, it is the burden of the employer to establish the unavailability of suitable seats, rather than the obligation of an employee.

The underlying case arose when an employee at CVS was advised she had to stand while performing her duties and functions, which included operating a cash register, organizing and stocking shelves with products, as well as in front of and behind the sales counter, and cleaning the register. It is not questioned that certain functions, such as gathering shopping baskets, vacuuming, and removing trash are active duty tasks that cannot reasonably be performed while seated. In a companion case, a bank teller performing duties at his/her station, such as cashing checks, accepting deposits,  and processing withdrawals should be contrasted with the duties away from his/her window-counter, the latter including such tasks as escorting customers to the safe deposit boxes in the bank vault or assisting customers at an ATM machine.

The defense tried unsuccessfully to distinguish “standing” from “seated” tasks. However, the court stated:

“There is no principled reason for denying an employee a seat when he spends a substantial part of his work day at a single location performing tasks that could reasonably be done while seated merely because his job duties include other tasks that must be done standing.”

……

“Courts should look to the actual tasks performed, or reasonably expected to be performed, not to abstract characterizations, job titles or descriptions that may or may not reflect the actual work performed. Tasks performed with more frequency or for a longer duration would be more germane to the seating inquiry than tasks performed briefly or infrequently.”

The reasonableness standard allows for more flexibility; hence, an employee would be entitled to a seat if the duration and frequency of the seated task is not negligible (those tasks that are performed briefly or infrequently). Even when employees are not engaged in the active duties of their work but are required to stand at a specific location, an adequate number of suitable seats must be available in reasonable proximity to the work area for employees to use as long as it does not interfere with the performance of their tasks and duties.

Rather than utilizing an employer’s business judgment as to whether the work must be performed while standing, the Court concluded it is rather an objective inquiry that takes into consideration, but is not based solely upon, an employer’s reasonable expectations regarding customer service and the employer’s role in setting job duties. As such, however, it does not allow employers to arbitrarily define which are “standing” tasks.

Do you or someone you know work at a designated location with a suitable seat? If not, the next question is why not?

 

Do Corporations Follow the Golden Rule?

Posted on by

The “Golden Rule” is a principle or practice in which one has a moral and ethical desire to be truely concerned about others. A commonly used word to describe the concept is “selflessness.” This process and concept involves the situation in which an individual performs an activity, deed and/or an act without an expectation of any reward, compensation, incentive or reciprocal benefit, even though there is an associated cost involved. It is also referred to as the “Ethic of Reciprocity.” Although there is or may be an expense or price that is incurred, such as time invested, products or services delivered, money incurred, &/or inconvenience, it is far outweighed by the pleasure and achievement realized by doing good (enhancing the quality of life and welfare for others).

In more simple terms, it is “doing unto others as you would have them do unto you,” without any expectation of an external reward. This is a virtue and a moral excellence, above all other standards of behavior.

While this principle applies to individuals, what about private and public businesses? Do all corporations value the Ethic of Reciprocity or Golden Rule in their respective trade or business? Have you experienced a business or individual that can be described as morally bankrupt?

Interestingly, I have a personal experience that has been a crisis and sadly lacking in the Ethic of Reciprocity:  I continue to experience multiple deficiencies, defects and incompatibilities with a brand new computer with Windows 10 installed and Office 2016. After spending countless hours communicating with Microsoft technicians, even having escalated the problems all the way to Level 3, they had the audacity to close their files, yet they failed to resolve the constant flow of thousands of duplicate emails into my Outlook inbox (some as many as 20 of the identical email), the failure of the “search” bar to function, inconsistent spell check process, failure of the auto fill process,  including other defects and deficiencies. It strains credulity that I did not receive any reply to both fax and mail correspondence to their CEO, hoping that Microsoft would have an Executive Department interested in such problems.

What guiding principles we subscribe to, emulate, pursue and/or strive to achieve, whether as an individual, private or public business or corporation, defines who we are.  

Fortunately, there are countless great companies that excel in the delivery of goods and services. It is those individuals and businesses who can be proud of what they do and who they are. If you experience disappointment from an entity or business, it is hoped the Golden Rule will be followed and you will ultimately obtain satisfaction from someone associated with that company if you do not give up. Most importantly, only you can be the judge as to the standards you maintain, and those practices and principles you desire from others.

 

 

Why Vote – The Reasons Are Infinite

Posted on by

As we look ahead in 2016, the answer to the question seems obvious to most of us, yet there are still some who feel it makes no difference and, therefore, they do not vote.  Sadly, these individuals are often unaware of and not interested in what happens in their “world” since it does not fit their agenda (the things that matter to them). The majority of individuals who do vote, however, consider it  the single most important opportunity we have to provide a voice to the government that operates in cities, counties, and states as well as the federal government.

In the United States, we have a democracy and that means we have the ability and right to choose the leaders we elect and, thereby, each of them are intended to represent our opinions, interests, beliefs, and desires. Hence, the right to vote is a fundamental part of the fabric of our country. In contrast, there are some countries in which the right to vote is illusory at best;  the people do not get to elect their leaders.

No one can dispute that voting impacts nearly every single activity, function and part of our lives, including where, how and what we drive; the food that can be sold and what we eat; the water we drink and/or can use; the health insurance we purchase; the clothes we buy; the education we obtain; where we reside; the laws, rules and regulations that are enacted or repealed;  the occupational and professional licenses that are granted to individuals and businesses of infinite variety; the decisions made by our legal system (where judges are appointed or elected); along with the portion of the income we earn that is allocated to operate the respective city, county, state and federal government.

In summary, we should not take for granted the power and fundamental right we have to vote [as responsible participants in society], and in so doing provide a mandate for an existing system and/or bring about change. The most important corollary to this is to be thoroughly informed so the vote you make in an election reflects who and what you want.

 

 

2016 New California Laws

Posted on by

There are about 800 new California laws that went into effect on January 1, 2016. Here are a few noted by the following topics:

Driving Under the Influence – drivers convicted of a DUI (whether alcohol or drugs) in four California counties [Alameda, Los Angeles, Sacramento & Turlare], under an existing program that will remain in effect until July 1, 2017 will be required to install an ignition-interlock device (IID) on their cars. The IID registers alcohol on the driver’s breath, and is designed to prevent the vehicle from starting based on a pre-determined level of blood alcohol.

Earbuds – earphones, headsets or earbuds in both ears cannot be used while driving a vehicle or bicycle

Electronic Surveillance – the police, sheriff and law enforcement must first obtain a search warrant before accessing your e-mail, text, social media, data and other electronic information, unless it is determined to be an emergency situation.

Gun ban – those who have a CCW permit (individual who may legally carry a concealed weapon) will not be allowed to bring their guns on school and/or college campuses without advance permission from the school or campus authority.

Gun-violence restraining order – individuals who fear a family member could hurt their self or others can apply to the court for a gun-violence restraining order to limit the person’s access to firearms for up to one year

Medical marijuana rules – a statewide agency will now license and regulate all aspects of the cultivation, manufacture, transportation, storage, distribution and sale of medical marijuana.

Motor-voter registration – adults who apply for or renew a California driver’s license will automatically be registered to vote, although one can opt out if you do not want to be registered.

School Children – must be vaccinated to go to public school

Toy guns – are outlawed (can’t be displayed) in public unless brightly colored such as red, pink or yellow

Work Pay – equal pay is required for men & women. It is not less burdensome for a female employee to challenge her employer if there appears to be a disparity in the pay women receive in contrast to men performing similar work. Employers are also barred from prohibiting workers from talking about their &/or their co-workers’ pay in order to determine wage fairness. The minimum wage in California is now $10/hr. However, fewer minimum wage earners now work a full 40 hour work week as a result of the expanded wage, health, and benefit laws involved in operating a business.

This is a summary only and not intended to constitute legal advice. For the official webpage and guide of the Bills the California Legislature enacted in 2015, click: Bills Enacted in 2015

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews