Thanks to the MANY who have made our roads safer.

Traffic fatalities are at an all time low. That's great news. I am grateful for the efforts of those who have worked hard to make our roads safer and, yes, counted among them are the men and women of law enforcement. But, let's not exaggerate their contributions, especially when doing so tends to suggest that more aggressive enforcement of traffic laws is the one and only solution to the insurmountable problem presented by the inherent dangerousness of millions of large one to two ton vessels of steel and glass whooshing by each other at high rates of speed with soft-shelled humans inside. Keep in mind that more aggressive enforcement of laws leads us further and further into a police state where our privacy rapidly erodes. Losing sight of, and otherwise foresaking, the most cherished values of this great land is an insidious problem that rivals traffic fatalities. The idea that, in the name of further reducing traffic fatalities, we should look toward aggressive enforcement of traffic laws and checkpoints as the only solution to the problem of traffic fatalities is a tragedy unto itself.

Yes, law enforcement officers face risks and are paid relatively little for the challenging and vital nature of their work. No question about it. However, let's not forget the countless others who work hard to reduce traffic fatalities. A spokesperson for the CHP, Daniel Barba, perhaps without intending to do so, completely disregarded the important efforts of the auto industry for making safer cars, the traffic engineers for designing safer roads, the caltrans workers for building and clearing those roads, the EMS personnel for providing triage, the Firefighters for their vital work, the members of the medical profession for their contributions, the tow truck drivers for clearing disabled vehicles, and the many common carriers (such as cab drivers) for offering alternatives to driving. All of these folks deserve some of the credit for reduced traffic fatalties, if not a good deal of it. Nevertheless, the CHP seems quite willing to claim all of the credit where it states that seatbelt usage, speeding, and DUI are THE 3 leading factors resulting in traffic fatalities, and that they and they alone have an impact on the reduced instances of these dangerous behaviors. It is without question that law enforcement serves to deter dangerous behaviors by their ongoing enforcement efforts, and their visibility on the roadways. Their education campaigns are likely beneficial as well. And it may very well be that more of these activities will further reduce traffic fatalities. What concerns me, and hopefully concerns you, is that mindless support of aggressive law enforcement diminishes our freedom; the very freedom that hundreds of thousands of Americans have died on the battlefield to defend.

The Wrong Kind of Sticker?

A couple of months ago, I cited a real world example of the usefulness of a certain sticker that I make available free at my office, and for sale on ivlawyer.com. The stickers in the photo are next to the front door of a house that was recently searched by the police pursuant to a warrant. It happens that neither the "Back the Badge" sticker, nor the American flag, deterred law enforcement from obtaining the warrant, nor executing the search. I can't say I'm surprised. On a related topic, I do sometimes wonder if the CHP's 11-99 Foundation license plate frames help lead-footed Mercedes drivers escape traffic stops and tickets. Apparently, for an $1,800 donation, you get a license plate frame and a special wallet and a badge which is perfect for handing to a CHP officer who pulls you over for speeding. $1,800!? Is this another example of rich people buying favor with the police? It is little wonder that those license plate frames are only seen on very expensive cars. Granted the organization provides assistance to the families of CHP officers in need, but is it really working toward the greater benefit of public safety and good government? If the wealthy folks who can afford to give $1,800 to the families of CHP officers (who, by the way, are already indirectly and directly compensated through pretty decent benefits packages by the California taxpayer) really care so much about the families of fallen CHP officers, can't they care, instead, in private? Or is their real motive to get out of speeding tickets by publicly displaying their support of this organization? Is their confidence that they won't get either pulled over or cited for speeding putting the rest of us at risk?

The Whine Country

Caught between the CHP, who want to want to discourage drinking and driving and the winemakers, who are saying they want to prevent limos, vans, and buses from bringing them literally busloads of customers (some a little too tipsy for their tastes; no pun intended), are the wine tourists. Interestingly, the winemakers are now speaking out against their most enthusiastic customers; those who show up in limos, buses, and vans to get their drink on. Gasp! Can you believe that people who choose to travel from other parts of the state to taste wine are, for the most part, actually quite fond of getting drunk? Those that make their living selling fermented grape juice, at a healthy profit per unit sold, are really complaining that these genuinely enthusiastic members of their customer base are showing up by the busload.
It's unbelievable. It seems that winemakers should be happy that their sales are now soaring in the wake of the hit movie Sideways, rather than whining about some of the predictable pitfalls associated with successfully peddling alcohol; an addictive and oft-abused substance. And, considering the findings of a recent study at Caltech, which shows that peoples' taste in wine is highly correlated with price, it would seem that the industry might want to count their blessings. While there are some oenophiles who go to tasting rooms to check out the latest releases and actually speak "intelligently" about them as they swirl tiny amounts of them in their glasses, roll them around their palates for a minute or two only to spit them out, the majority of their sales are to the people who like the sensation created by gulping these alcoholic beverages in copious amounts much more than they enjoy the "complex" flavors associated with them.
It is truly unfortunate that the winemakers, in an effort to uphold their phoney image of catering primarily to the sophisticated connoisseurs, are speaking out so stridently against the best DUI prevention mechanism of all: designated drivers.

Yes, I actually was wearing my seatbelt!

Well intentioned members of law enforcement are often quick to point out that persons injured in car accidents were not wearing their seatbelts. Doing so, they probably believe, will increase seatbelt usage. And it might. The problem is sometimes they speak too soon and misinform the public. I am aware of multiple cases where the local CHP has blamed lack of seatbelt usage, at least in part, for the accidents' associated injuries. In certain of these cases, as in the recent one cited above, there were seatbelt shaped abrasions across the abdomens of the accident victims. I am increasingly concerned about this pattern of misinformation because it may distort the true safety record of vehicles involved in these accidents. Consider that if an injury to a vehicle occupant is blamed on lack of seatbelt usage, when they were actually wearing their seatbelt, the true causes of the injury may not actually be investigated. I suggest, therefore, that members of law enforcement be more circumspect before they write in their accident reports, or state to the media, that the injured occupants weren't wearing their seatbelts unless they really know that to be true. A careful investigation by a trained accident investigator should be able to answer this question. I think doing so will work in favor of auto-safety and will not risk hurting the feelings of persons whose bodies already hurt (i.e., by implying that their own carelessness caused their injuries in cases where that is not true).