The Trucker Newspaper - December 1, 2019

14 • December 1-14, 2019 Perspective
Here we are already in December.
The Christmas season is upon us. Now we
start hearing Christmas songs such as “Here
Comes Santa Claus.”
And, of course, we hear the story “’Twas The
Night Before Christmas.”
Let’s just look at that story and see how it can
relate to Christ’s birth.
First, let’s just say:
“’Twas the night of Christmas and all thru
the town not a creature was stirring not even the
sheep in the field.
“The shepherds were watching the sheep and
trying to catch some sleep when all of a sudden
the angels appeared.
“The shepherds arose to see what was going
on and were astonished to hear that a baby was
born.
“The angels told them the baby was in a
manger.
“So, they hurried to see what all the fuss was
over such a birth.
“They ran to the stable and opened the door.
“There they saw Mary and Joseph with the
baby they adored.
“As the angels sang and their song filled the
air, the shepherds watched with amazement to see
this gift that came in the world that Holy Night.
“And as the angels left, they proclaimed to all,
‘Peace on Earth and good will to all for tonight
was born the Savior of all.’
“All the fancy ribbons and bows and all the
decorations we enjoy are not answers for Christmas.
Christ was the perfect gift that night so long
ago and still is today.
“So, as we prepare for His coming this Christmas,
let’s sing with the angels, declare the glory
of the Lord and rejoice knowing that ‘Once Upon
A Midnight Clear’ Christ was born, and the first
to greet Him were the shepherds—not the rich
and powerful—but the hard-working shepherds
from the fields.
“And just as we look to the rooftop for Santa’s
sleigh and all the presents under the tree, let’s
look to the heavens and listen for the angels to
sing again as we receive the perfect present in our
life.”
I remember years ago a program on TV called
“Dragnet.”
It was a very special Christmas story that I
want to share with you.
In this episode, it was Christmas, and Sgt. Joe
Friday was called to a church about the Baby Jesus
being stolen from the manger scene.
No one had any idea of how, when or who
could have done such a thing at Christmas.
There were no clues, and no one saw anything.
A few people were questioned, but no one
knew anything.
After many hours and no clues, a little boy
pulling a little red wagon came into the church.
He pulled the wagon all the way to the manger
scene as the pastor and Sgt. Friday watched
the scene unfold. The little boy took Baby Jesus
out of the wagon and placed Him back where he
belonged.
As they watched, Sgt. Friday walked over and
asked the little boy where he found Baby Jesus.
The reply the little boy gave was amazing to
both the pastor and Sgt. Joe Friday.
He said, “Oh, I found Baby Jesus right here,
and I promised Him that if I got a little red wagon
for Christmas that He would be the first to ride in
my wagon. So, I took Him for a ride and now He
needs to be here for Christmas Day.”
What a perfect “thank you, Jesus.”
How many of us would share the “first” of our
gift with the Perfect Gift to our world?
MERRY CHRISTMAS
Best of the roads and all gears forward in
Jesus.
Rev. Marilou Coins 8
THETRUCKER.COM
It’s December, a time for carols, songs and remembering God’s perfect gift to us
Rev. Marilou Coins
Chaplain’s
Corner
©2019 FOTOSEARCH
Chaplain Marilou suggests as we celebrate
Christmas that just as we look to the
rooftop for Santa’s sleigh and all the presents
under the tree, let’s look to the heavens
and listen for the angels to sing again
as we receive the perfect present in our life.
When you get bored at a Christmas party, think before asking a lawyer an off-handed question
Brad Klepper
exclusive to the trucker
Ask the
Attorney
If you are willing to entertain the farfetched
notion that lawyers have friends,
you may also believe that, occasionally, we
get invited to social function. At this time of
year, that well could be a Christmas party.
When attending such an event, one of the
most common questions we get asked, other
than will you draft my will (the answer is
no), is the difference between misdemeanors
and felonies.
Before I answer that question, I should
point out that there are civil infractions as
well. For what it is worth, civil infractions
are non-criminal charges filed by a city, county,
state or federal government and usually
are punishable with only a fine. Things like
minor offenses such as speeding 1 to 10 mph
over the limit are often civil infractions.
In order to be convicted of a civil infraction,
the state must show by the “preponderance
of the evidence” that you committed the
offense. This simply means it is more likely
than not that an offense happened and you
committed the offense. This is the weakest
standard of proof for a conviction. In most
states, if you are charged with a civil infraction,
you have no right to a trial by jury. The
case is usually heard before a judge who renders
a verdict.
The next level of offenses are misdemeanors.
Misdemeanors are criminal
charges that are more serious then civil infractions
but not as serious as felonies. A
misdemeanor may result in jail time of less
than one year and bigger fines. If you have
been charged with a misdemeanor, the state
must show “beyond a reasonable doubt” that
you committed the crime. Put simply, this
means that a reasonable person would have
no doubt that you committed the crime. A
conviction of a misdemeanor results in a
criminal record, and aside from jail time and
fines, is punishable by probation and even
driver’s license revocation.
In addition, some misdemeanors may be
classified as sex offenses, and a resulting conviction
can require the defendant to register
as a sex offender and to notify the police department
of their home address. These convictions
may also prohibit an offender from
approaching schools, parks or children. Some
states have petty offenses or minor misdemeanors
punished with a fine, but jail time
can also be included.
Persons charged with a misdemeanor
have no right to an attorney if a conviction
does not result in jail time. They also do not
have a right to a probable cause hearing or a
right to a grand jury.
This brings us to felonies. Felonies are
the more serious criminal charges and have
jail time of one year or longer, the largest
fines and can even result in your being put to
death (in some states). The legal standard for
conviction for felonies is the same as misdemeanors,
“beyond a reasonable doubt.” Felonies
are the types of crimes they make movies
about. They include acts of murder, robbery,
arson and sexual assault. Conviction of a felony
will result in jail time. For some “minor”
felonies, you may be lucky and just be put
on probation, pay fines, court costs, restitution
or even perform community service. For
the more serious felonies, the death penalty
may come into play; however, this usually
requires the death of another person before
the prosecutor will make it part of their case.
If you are convicted of a felony, you will
lose some very valuable rights. These include
the right to possess a firearm, to be on
a jury or to vote in some states. In the event
you are unfortunate enough to find yourself
arrested and charged with a felony, seek legal
counsel.
By the time I finish this discussion, people
who asked me the question have a little
spittle in the corner of their mouths, and
their eyes have glazed over. Trust me, nothing
kills a vibe faster than asking a lawyer a
legal question in a social setting. Interestingly,
I can’t recall the last time I was invited
to a dinner party.
Brad Klepper is president of Interstate
Trucker Ltd., a law firm entirely dedicated
to legal defense of the nation’s commercial
drivers. Interstate Trucker represents truck
drivers throughout the 48 states on both
moving and nonmoving violations. Brad is
also president of Driver’s Legal Plan, which
allows member drivers access to his firm’s
services at discounted rates. He is a lawyer
that has focused on transportation law and
the trucking industry in particular. He works
©2019 FOTOSEARCH
If you asked a lawyer a question about misdemeanors
and felonies, you might want to
be prepared for a boring and lengthy answer.
to answer your legal questions about trucking
and life over the road.
For more information, contact him at (800)
333-DRIVE (3748) or interstatetrucker.com
and driverslegtalplan.com. 8