Politics Anyone? Please Say No!!
by Danny Foster, Esq.
Ah how delightful that another presidential election year is in full swing. Another chance for our deeply held political and personal beliefs to be on wide display via our bumper stickers, yard signs, baseball caps and especially on our social media pages. It warms my heart to see the respectful and mature interactions amongst the opposing candidates and their supporters. I’m sure that when you notice a political posting that you disagree with on Facebook you simply scroll past that post or register a polite comment. Surely no one would risk social alienation just to let their Facebook friend know that their presidential pick was a complete lunatic, criminal, or lunatic-criminal. After all we live in the United States of America where we are known for our civility, especially when it comes to presidential politics. Being nasty toward our friends and relatives who hold different political beliefs would be asinine and something none of us would engage in, right? Right? Hello? Hello?
Wouldn’t that be refreshing if we could maturely and professionally debate our political positions and rationally discuss things without it being the cause of stress, frustration and at times violence? Who knows, maybe that will happen at some time in the future; it certainly isn’t happening in this election cycle. So as much as I had wanted to explain my political opinion I was reminded, politely by my law partners, that it would be “frowned on” and maybe expressing my political thoughts might just likely alienate half the potential readers of this fine publication. My partners urged restraint. “No one wants to hear your political position Danny” one of them said. “Who do you think you are, Bill Maher?” Another griped. “Leave the good citizens of the Cherry Creek region alone, they have suffered enough with your thought-provoking pieces over the years. Can’t you just tell them about our law firm?” That comment came from my brother and partner David Foster who has had to listen to me for my entire life. Thanks David!
So I have heeded their advice and decided to scratch the political endorsements and move straight to the top five things people ask me as a lawyer and what advice I generally provide. It’s not as fun as politics, but probably a lot more helpful.
1) If I am pulled over by the police and they think I have been drinking, what do I do?
Assuming you decided to drink and drive instead of hailing an Uber then you have opted to be penny-wise and pound foolish. It’s so cheap to hail a Lyft, Uber or cab that it makes no financial sense to risk a DUI. But if you are pulled over remember: do NOT admit to drinking (you have a right to remain silent), do NOT take the voluntary roadside tests (you have a right to decline these tests), and if you choose to take a chemical test, insist on the BLOOD test. There are obviously many arguments about whether or not to refuse the chemical test, but for a first offense the best decision is to take the blood test. It should be noted that a refusal to take a test can lead to a one-year revocation of your license. If you refuse and lose your license you may be eligible for a license with an interlock after two-months of not driving. The sanctions for a blood alcohol test above .08 comes with a license suspension, but you may be eligible for license with interlock after one-month. This analysis becomes more complicated with multiple offenses and any criminal conviction. So the choice is yours!
Also, it’s always a smart idea to be polite to the police. They are only doing their job, and trust me, you will never, ever win an argument with a police officer on the side of the road. You are NOT entitled to an attorney during their DUI investigation. So be smart, be polite, keep your mouth shut, and if you choose to take a chemical test, remember: Blood Test. The second you are released from custody call your lawyer!
2) Should I discuss my personal injury case with a lawyer, even if it’s a small injury?
Yes you should. Call your attorney first before you give any statements to the insurance company. And be sure to get yourself checked out by medical personnel as soon as possible. It is also critical to remember that when you are selecting what type of auto insurance to buy, always select medical payment coverage, and always maximize your uninsured/underinsured motorist coverage. Trust me in case of a catastrophic accident you will be glad you did.
3) While we are discussing a personal injury case, why isn’t my face on billboards and on TV advertising for personal injury?
Well that is a loaded question. First of all the point of advertising is to obtain clients. Using my face could have the opposite effect; I couldn’t possibly compete with the chiseled jaws and manly-men already advertising on the TV, bus benches and urinals. The second point is that I have deliberately chosen to not go down that road. While all attorneys are allowed to advertise, I think that type of advertising demeans the profession and makes personal injury attorneys look clownish. We are in the business of helping people who are going through some of the worst situations they may ever face, and I don’t want to disrespect our very important job by looking like a stereotypical ambulance chaser. I hope one day all personal injury attorneys trust their work product and referrals for business instead of bombarding us with ads 24 hours a day. But the data shows the advertising will only increase. Sorry folks!
4) I don’t have a will or medical power of attorney, is this a big deal?
Um yes! Especially if you have children. Get that Will completed and signed as soon as possible. Don’t wait for a catastrophic event to start considering your estate planning. Even if you have few assets you need to get this done. It’s easy, relatively inexpensive based on your needs, and can literally save your life or the life of your children. No more excuses! Get that Will done. And while you’re at it, get scheduled for that colonoscopy already!
5) What’s the best way to get out of jury service?
I can’t even count the number of times I’ve been asked this question. My answer is always the same “why would you want to get out of jury service?” Jury service is a remarkable accomplishment of our American justice system that is truly unique to our country. While other countries also have a jury system, even the most democratic among these countries don’t have the power of our jury system. If you are trying to wiggle out of jury service by intentionally misrepresenting your belief system then you’re not only subjecting yourself to contempt, but you are missing out on an amazing opportunity to participate in the greatest justice system on earth.
So speaking of the greatest political system on earth I’d like to formally endorse the next president of the United States . . . (I apparently surpassed my word count, I’ll let you know in December).
Danny is a managing partner of Foster, Graham, Milstein & Calisher (FGMC). His practice focuses on personal injury. The law firm of FGMC, located in Cherry Creek, is a full service law firm focusing on: criminal defense, personal injury, real estate, litigation, liquor licensing, construction law, tax/estate planning, bankruptcy and zoning. This article does not create an attorney-client relationship and is for informational use only (what do you expect from an attorney!)
