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NOVEMBER 2024 Kunkel Case Files 724-438-3020 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com HOW TO HANDLE A TRAFFIC STOP IN PENNSYLVANIA
you are impaired. Field sobriety tests such as walking heel-to-toe on an imaginary straight line without using your arms for balance, standing on one leg without swaying or using your arms for balance, or tracking an object with your eyes can be difficult to perform for a healthy person in a controlled environment let alone on a cold night on the roadway with traffic passing you by. You are not legally required to perform any of the SFST, but your refusal to perform the tests will likely be used by the prosecution to argue that you refused the testing because you knew that you were impaired. Of course, you should inform the police if you have any medical issues that would prevent you from performing these tests, such as problems with your back or legs that make it difficult for you to walk or stand. You are not required to submit to roadside Breathalyzer testing. The police officer may also request that you submit to a Pre-Arrest Breath Test (PBT), a roadside portable device that police are authorized by statute to use to assist an officer in making a DUI arrest decision. The statute, however, states that a refusal of the PBT carries no penalty, so you can politely refuse this type of testing. Do not refuse a chemical test of blood or an official Breathalyzer test at the police station. Do not refuse chemical blood testing or an official Breathalyzer test unless you are prepared to lose your license for one year or 18 months (if you have previously refused to submit chemical or breath testing) when suspected of DUI. Under Pennsylvania’s implied consent law, drivers are deemed by law to have consented to one or more chemical tests of blood or breath. This type of license suspension is considered a civil penalty, and your license will be suspended no matter what happens in your criminal case.
The holidays are right around the corner, and there will be plenty of parties and other events where many of us will enjoy an alcoholic beverage with friends and family. Despite the festive time of year, law enforcement will undoubtedly be patrolling Pennsylvania highways with increased vigor looking for impaired drivers, so I thought it would be a good idea to review some important do’s and don’ts if you are pulled over after drinking this holiday season. First, keep in mind that while it is not illegal to drink and drive in Pennsylvania, it is illegal to drink and drive if you are impaired by alcohol or drugs to the extent that you cannot safely drive, operate, or be in actual physical control of a motor vehicle. The best advice I can offer then is to limit the amount of alcohol you consume or rely on a designated driver to take you home. If you are pulled over by police after you have been drinking, here are six tips to keep in mind. Pull over safely and stop. If you see a police cruiser’s flashing lights, you should immediately put your turn signal or flashers on, pull over in a safe and normal manner, and come to a complete stop. Stay in your vehicle unless asked to step out by the police. Once you see blue flashing lights in your rearview mirror, you should assume you are being video recorded by the police and the way you stopped the vehicle. Be polite at all times to the police officers. Remain calm, but do not volunteer any information or joke with the officer. Keep in mind that your conversation with the police is more than likely being recorded and will be used against you if you become argumentative, rude, or unreasonable. Do not answer questions about drinking or using other substances. You should produce your driver’s license, vehicle registration, and insurance card upon request. You are not required to answer any questions that may incriminate, such as “How much have you had to drink tonight?” or “What were you and your friends drinking?” It is acceptable to state, “I prefer not to answer any questions at this time,” or “I’d like to exercise my right to remain silent.” Always remain polite and respectful. You are not required to perform Standard Field Sobriety Testing. The police may ask you to step out of your vehicle to perform Standardized Field Sobriety Testing (“SFST”) to determine whether
Finally, if you are arrested for DUI, you should hire an experienced DUI defense attorney as soon as possible. We will meet with you for a free initial consultation and review your case with you to identify any defenses you may raise to fight the charges that you
face, explain the legal process and the timeline to process the cases, and mount an aggressive defense on your behalf.
–Greg Kunkel
www.KunkelLawFirm.com • 1 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
THE $93,750 SPUD Uncover Fabergé’s Unexpected Masterpiece
sale of a Fabergé potato, the world did a collective double-take. After all, who would have thought a potato — albeit one crafted by a master jeweler — would garner such attention and a hefty price tag to match? The bidding war was intense, with collectors and Fabergé
When you think of the name Fabergé, you probably imagine opulent, jewel-encrusted eggs that epitomize luxury and elegance. But did you know the famous Russian jeweler Peter Carl Fabergé, the mastermind behind the glittering eggs, also created a humble potato? And not just any potato, but one that fetched an astounding $93,750 at a Christie’s auction in 2016. Fabergé’s Glorious Spud In the late 19th and early 20th centuries, Peter Carl Fabergé was the go-to jeweler for Russian royalty. His intricate and lavish creations, particularly the famous Fabergé eggs, were commissioned by Tsars Alexander III and Nicholas II as Easter gifts for their wives and mothers. Each egg was a masterpiece, often containing hidden surprises like miniature portraits, mechanical wonders, expensive jewels, or even tiny replicas of royal palaces. But amidst these exquisite creations, Fabergé had a sense of humor and a knack for the unexpected. Enter the Fabergé potato — a far cry from the shimmering eggs but equally fascinating in its own right. This potato, crafted from pink agate, was a whimsical departure from his usual opulent fare. The Humble Potato’s Journey Fast-forward to 2016, and this extraordinary potato was again in the spotlight. When Christie’s auction house announced the
enthusiasts eager to own this unique piece of history. When the gavel finally came down, the potato had sold for a staggering $93,750. Not bad for a root vegetable! Why a Potato? You might wonder why Fabergé, a jeweler known for his elaborate and luxurious designs, chose to make a potato. Perhaps it was his way of showing artistry could be found in the simplest of things. Or maybe it was a playful nod to the significance of potatoes in Russian culture — a staple food that sustained many through tough times. Whatever the reason, Fabergé’s potato reminds us that even the most mundane objects can be transformed into something extraordinary with a bit of creativity and a touch of humor.
PECULIAR LAWS OF THE ANCIENT EMPIRE ROMAN RULES
Dress Codes and Party Fouls Beginning in around 215 BC, the Roman Republic began instituting what was known as sumptuary laws, which restricted the clothes people could wear, foods they could eat, and the maximum number of attendees at parties. They created these, in part, to reduce the costs of banquets, festivals, and other Roman ragers. Some examples were enacted in 213 BC when it became illegal for women to wear colorful dresses — unless they were celebrating a ritual sacrifice — to wear more than a half ounce of gold or even to ride around in carriages. However, they soon repealed these laws because they considered them antiquated . Shocking Statute Tough luck for those who like hanging out on tall metal poles — if a lightning strike killed someone in Rome, the law forbade families from burying them! This is because Romans believed lightning strikes were
divine retribution from the king of the Roman pantheon, Jupiter. See Ya Later, Gladiator! Romans “borrowed” the idea of gladiatorial games from their (conquered) neighbors, wherein people would fight — sometimes to the death — for the public’s amusement and began holding them back in 264 BC. However, because only 3 of every 5 people made it to their 20s at the time, only about 10% of those bouts involved actual fatalities. Many slaves, prisoners of war, and Christian martyrs fought as gladiators in the arena, but if they were already sentenced to execution, they had no hope of survival. One peculiar law involving gladiators was that they would fight until an injured combatant put down his shield and lifted his index finger to ask for mercy. At that point, it would come to an abrupt halt — though the emperor, if in attendance, would make the final decision.
While ancient Rome may be known for gladiators, grand conquests, and fashionable togas, a surprisingly intricate legal system kept their civilization in line. They had many laws — some familiar, others bizarre — that dictated the everyday lives of millions of Roman citizens, enslaved people, and soldiers across a vast empire. Here are three of the most outrageous and interesting laws Romans enacted as a republic and an empire.
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HELPING KIDS WITH ADHD THRIVE
TAKE A BREAK
STRATEGIES FOR SUPPORT AND EMPOWERMENT
It’s common for parents of children with attention-deficit/ hyperactivity disorder (ADHD) to sometimes feel frustrated and overwhelmed — and more than a little guilty for having these emotions. First and foremost, it’s perfectly understandable for any parent to experience hurdles as they work to help their child live a happy, healthy life. Although there are unique challenges to raising a youngster with ADHD, every day is an opportunity to take positive steps to help your child learn and grow. Here are four quick tips to help make the rough times a little smoother. Build a balanced routine. Helping your child stay on task with daily routines is critical to managing their ADHD journey. Are they hydrating regularly? Do they follow consistent meal and sleep schedules? Sometimes, staying consistent with the smallest things makes the biggest impact on your child’s well-being. Plan a digital detox. With everything so tech-based these days, there’s a good chance your child spends a lot of time in front of a screen. Set aside time throughout the week to interact with them in a digital-free environment — even if it’s just to chat about their day. This time is meant to help you build a stronger relationship
GREEK CHICKEN AND RICE
with your child, so try to avoid discussing anything that may cause conflict or a distraction.
Ingredients
• 2 cups chicken broth • 1 (14-oz) can diced tomatoes • 1 cup uncooked long-grain white rice • Juice of 1 lemon • 1/2 cup feta cheese • Salt and pepper, to taste
• 2 tbsp olive oil • 1 onion, diced
Find a community of support.
Participating in a support group is a fantastic way to connect with other parents, share concerns, and learn new ways to encourage your child’s growth and success. As a bonus,
• 2 cloves garlic, minced • 2 lbs boneless, skinless chicken breasts, cubed • 1 tsp dried oregano • 1 tsp dried thyme
connecting with parents whose experiences are similar to yours could lead to their children interacting with yours — which may go a long way in helping your child relate to other people and develop their social skills. Tailor your tools. Every child with ADHD is a unique individual with specific needs. A specialized mental health professional can help you craft a solid framework to address obstacles as they arise. Whether you need guidance on stress management or tips on sharpening your communication skills, utilizing the services of an empathetic therapist could provide you with the fresh perspective and game plan you need to help your young one thrive.
Directions 1. In a large skillet over medium heat, add olive oil and sauté onion and garlic until softened. 2. Add chicken, oregano, and thyme and cook until the chicken is no longer pink, about 3–4 minutes. 3. Pour in chicken broth, diced tomatoes, and rice. Bring to a boil, then reduce heat to low and cover. Simmer for 15 minutes or until the rice is cooked through. 4. Stir in the lemon juice and feta cheese, then season with salt and pepper.
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INSIDE THIS ISSUE
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How to Handle a Traffic Stop in Pennsylvania
Discover Fabergé’s Playful Potato Masterpiece
Ridiculous Rules From Ancient Rome
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Greek Chicken and Rice
Tailoring Your Child’s ADHD Journey
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Hollywood Ending in the ‘Rust’ Trial
Published by Newsletter Pro • www.NewsletterPro.com
HOLLYWOOD ENDING Alec Baldwin Walks Free After Case Dismissed
contributed to the swift decision. She was sentenced to 18 months in prison but has appealed, and what happened in July in Alec Baldwin’s trial may affect the outcome of that appeal. Hollywood Ending When the third day of Alec Baldwin’s involuntary manslaughter trial in New Mexico began, it became apparent that something was amiss. The defense attorneys had something important to bring to the court’s attention. Assistant District Attorney Erlinda Johnson was absent. As it turned out, she had resigned from the case after allegations that Santa Fe police, in conjunction with Special Prosecutor Kari Morrisey, had conspired to hide evidence from the defense. The evidence in question was a case of ammunition matching those retrieved from the set of “Rust.” The ammunition was given to Santa Fe police before the trial, but it was filed under a separate case number — even though
About three years ago, on Oct. 21, 2021, cinematographer Halyna Hutchins was shot and killed by a live round fired by actor Alec Baldwin on the set of the movie “Rust.” You might believe this would be an open-and-shut manslaughter case. However, just like the scenes Hutchins brilliantly captured on film, this scene was more complex and layered than you may expect. Baldwin’s trial was dismissed just three days after it began, on July 13, 2024. Ironically, but perhaps fittingly, Baldwin’s criminal case came to a dramatic, Hollywood-esque conclusion. Is the armorer to blame? Previously, in May, Hannah Gutierrez-Reed, the armorer for the film, was found guilty of involuntary manslaughter for her role in the fatal shooting of cinematographer Halyna Hutchins. The jury deliberated for just three hours before passing judgment; evidence revealing Gutierrez-Reed loaded the gun that killed Hutchins likely
Photo: Abhi Suryawanshi
the witness who handed in the evidence claimed it was relevant to the “Rust” trial. In light of these revelations, Santa Fe County District Court Judge Mary Marlowe Sommer dismissed the case with prejudice. Throughout the day, as the camera centered on Hollywood star-turned-defendant Alec Baldwin, viewers were treated to his wide range of emotions: first, annoyance, then sadness, and, finally, tearful exultation. This was his Hollywood ending.
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