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MARCH 2024 Kunkel Case Files 724-438-3020 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com Attorney Kunkel Earns ARIDE Testing Certification
Enhanced Expertise in DUI Defense
If you are stopped by a Pennsylvania State Trooper on suspicion of driving under the influence of alcohol and/or a controlled substance, you will likely be asked to submit to a Standard Field Sobriety Testing (SFST). These tests are designed to determine if a driver is impaired due to the use of alcohol. The trooper may also assess an individual using Advanced Roadside Impaired Driving Enforcement, or ARIDE, to ascertain the signs and symptoms related to drugs, alcohol, or a combination of the two. Most troopers are now certified in both SFST and ARIDE and have completed courses developed by the National Highway Traffic Safety Administration (NHTSA). In the spring of 2022, I successfully completed the NHTSA course on administering SFST testing, the same training that law enforcement officers in Pennsylvania and around the nation receive to detect impaired driving. The SFST training covered the phases of a drunk driving investigation and provided detailed instructions on each, including the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. The training was hands-on, and students participated in two live workshops with impaired volunteers who agreed to undergo SFST testing. At the end of the session, I passed the same written and live proficiency examinations required for police officers to be certified to administer field sobriety tests. “The intense training included a review of SFST testing procedures, including signs and symptomatology, physiology of drugs and drug combinations, as well as courtroom testimony and report writing.” ”
a former Georgia police officer who has trained thousands of law enforcement officers in administering SFST and ARIDE tests on impaired drivers. The intense training included a review of SFST testing procedures, including signs and symptomology, physiology of drugs and drug combinations, as well as courtroom testimony and report writing. After concluding this training, I once again passed both a written examination as well as a proficiency test on the SFST testing and obtained my certification in ARIDE. I believe that SFST and ARIDE training certifications are absolutely critical to my ability to defend clients charged with DUI. By reviewing the police reports and any videos of the traffic stop, I can immediately identify whether a police officer followed the correct procedures prior to making an arrest. Identifying officers’ failures to adhere to proper testing procedures allows me to challenge the probable cause to arrest, as well as effectively
cross-examine police officers who deviate from standardized testing and scoring.
As always, if you have a family member or friend who has been charged with DUI, please tell them to call our office and schedule a no- obligation DUI strategy session to review their case.
–Greg Kunkel
In October 2023, I traveled to Nashville, Tennessee, to attend an NHTSA-approved training on ARIDE. The course instructor was
www.KunkelLawFirm.com • 1 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
How Someone Under 21 Can Legally Consume Alcohol WHEN MINORS ARE ALLOWED TO IMBIBE
When it comes to drinking age requirements, the U.S. is strict for a Western country. The National Minimum Drinking Age Act was enacted in 1984, which raised the minimum age for alcohol consumption from 18 to 21. It also set a precedent for the age requirement for other substances. The Food and Drug Administration (FDA) banned tobacco purchase for anyone under 21, and recreational cannabis is similarly age-restricted. While the law dictates that people under 21 can’t consume alcohol, that’s not the whole story. There are many exemptions nationwide, with every state having unique age requirement laws. Even counties can have special restrictions. American Indian reservations have independent sovereignty, so they don’t follow American laws at all. Religious Ceremonies and Services Currently, 26 states allow for religious exemptions for underage alcohol consumption. Alcohol is commonly used in many religious services; for example, Christian communion often involves a sip of wine. These legal loopholes are why priests aren’t arrested every Sunday. States that don’t have laws for religious exemptions never generally enforce the alcohol requirement on religious organizations, so they are practically legal. Medicinal Purposes People use alcohol for more than just recreation: it’s often used for medicinal purposes, too. For example, cough syrup uses it to break down ingredients. It is thus legal for medicinal purposes in 16 states, including Wyoming and Utah. Isopropyl and rubbing alcohol are distinct from the ethyl alcohol used in spirits, so they aren’t regulated similarly. Drinking for Education Alcohol is a culinary mainstay for many cultures, and many dishes include alcohol as an essential component — tiramisu, coq au vin, and flambé, to name a few. For minors interested in pursuing a culinary career, preventing them from accessing alcohol can be detrimental to their education. So, many states allow students enrolled in the culinary arts — including brewing, enology (the study of wines), and hospitality — to consume alcohol for educational purposes. For example, in Florida, students can drink as much as they want as long they’re on campus and have specific curriculums. Undercover Imbibing Minors can work for law enforcement. If they’re going undercover to expose illegal activities, there’s a good chance they’ll be offered
alcohol or put into situations where drinking is advisable. In Hawaii and Michigan, undercover agents are allowed to purchase or consume alcohol so long as it pertains to their assignment. With Family Some parents prefer that their children drink at home for various reasons. A few argue it discourages drunk driving and other risky behavior. Others just like to share a beverage with their children at dinner. Regardless of the reasons, several states allow underage drinking in the presence of a family member or guardian. The details of this exception vary widely. For example, some stipulate that a family member must provide the alcohol, like in New Mexico. Many states restrict alcohol to home use only, such as in Nebraska. Texas and other states allow the exemption in any location, such as restaurants. Drinking is distinct from possession, in case things weren’t complicated enough. In 19 states, minors can possess alcohol with parental consent. Other states, like Utah, prohibit alcohol possession at all times. Other Complexities The law is always nuanced, but few are as complex as the tangled web of alcohol restrictions. States like Pennsylvania restrict the drinking age and require sellers to fulfill strict requirements, like only selling beer and wine under 5.7% alcohol. Meanwhile, Louisianians sell daiquiris from drive-thrus (so long as they don’t have straws). The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws. “The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws.” ”
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
TAKE A BREAK
BIGFOOT IS AN ENDANGERED SPECIES!? A Washington County’s Unique Hunting Ban Most people don’t consider the legality of Bigfoot hunting, but in Washington state, it’s part of the law. In Skamania County, it’s illegal to kill the mythological ape. Should someone murder the creature, they’d face a stiff penalty. Bigfoot — sometimes called Sasquatch — is an elusive ape-like cryptid said to roam the forests of North America. It allegedly has reddish-brown fur, a gorilla-like body, and its namesake big feet. Some claim Bigfoot is the “missing link” between walking apes and our ancestors, who walked on all fours. Most scientists dispute the claim, saying that any ancestor this old likely would’ve adapted or gone extinct. Bigfoot was first spotted in California in 1958, and most sightings since occur in Washington state. Per every 100,000 people, 9.12 sightings are in the Evergreen State. That’s a third more often than its neighbor Oregon, the runner-up at 6.06. If there were a Bigfoot capital of the world, it’d be in Washington. On April 1, 1969, the Skamania County legislature enacted Ordinance 1969-01, the first law prohibiting the killing of Bigfoot. Anyone convicted of murdering the cryptid would be classified as a felon and imprisoned for five years. While modified decades later, it set an important precedent: Bigfoot is a protected species. Tourism picked up shortly after that. Bigfoot mania officially hit the U.S. in the 1970s as directors released films like “Sasquatch, the Legend of Bigfoot.” New Bigfoot enthusiasts started to visit Washington in droves, hoping to be the first to find proof of its existence. While locals appreciated the influx of cash from tourism, they didn’t appreciate the influx of guns from Bigfoot hunters. County legislatures enacted a new ordinance in 1984. It further clarified the regulations on Bigfoot and designated the ape as an endangered species. As such, hunting Bigfoot with the intent to kill is illegal. However, the ordinance softened the penalty for hunting Bigfoot, lowering the penalty for poachers to a year in prison or a fine of up to $1,000. Every law has some logic; no matter how frivolous it may seem, there’s a reason why lawmakers went through the trouble. While this law may seem unnecessary, it protects “Bigfoot” and the Skamania County citizens alike.
Chipotle-Inspired Chicken Burrito Bowl Inspired by EasyChickenRecipes.com
Ingredients
• 2 boneless chicken breasts • 2 tbsp olive oil • 1 tsp paprika • 1 tsp cumin • 1/2 tsp chili pepper • 1/2 tsp salt • 1/2 tsp pepper • 1 cup white or brown rice, cooked • 2 cups shredded romaine lettuce • 1 cup canned corn
• 1 cup canned black beans • 1 avocado, cubed • 1/4 cup sour cream • 1/4 cup shredded cheese For Salsa • 1 tbsp chopped cilantro • 1/2 tomato, chopped
• 1/2 onion, chopped • 2 tbsp white vinegar • 4 tbsp lime juice • Salt, to taste
Directions 1. Cut chicken into bite-size pieces. In a medium-size bowl, add chicken, olive oil, paprika, cumin, chili pepper, salt, and pepper. Mix until chicken is evenly coated. 2. In a skillet over medium heat, cook chicken for 7 minutes or until cooked through. Set aside on a plate. 3. In a large bowl, layer the rice, lettuce, corn, beans, and cooked chicken. 4. In a separate bowl, mix together salsa ingredients, then pour over the chicken mixture. 5. Top with avocado, sour cream, and cheddar cheese. Enjoy!
www.KunkelLawFirm.com • 3 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Kunkel Law Firm 724-438-3020
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INSIDE THIS ISSUE
1 2 3
How Attorney Kunkel’s Certification Enhances DUI Defense
When Minors Can Drink
Chipotle-Inspired Chicken Burrito Bowl
Why Bigfoot Is a Protected Species in Washington
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The Marketing Campaign That Cost Red Bull Over $6 Million
Published by Newsletter Pro • www.NewsletterPro.com
MARKETING CAMPAIGN DISPROVED IN COURT RED BULL DOESN’T GIVE YOU WINGS
For decades, Red Bull has run the marketing campaign that its energy drink gives people wings. Most assume it’s a joke, an exaggeration of the beverage’s stimulating effects. The courts disagreed. A group of Red Bull drinkers in 2014 filed a class action lawsuit against the Austrian company, accusing them of false advertising. Despite the company’s claims, they alleged that the drink does not give you wings. To be more specific, the suit alleged that the ad campaign uses flying imagery to convey that the beverage is better than other caffeinated drinks. While the brand’s messaging claims it improves response times and concentration, the suit alleges the beverage isn’t much more effective than a cup of coffee. Red Bull settled for over $6 million. They also agreed to compensate customers who were disappointed about the drink’s wingless results. Such claimants could receive $10 or
a voucher for $15 of Red Bull products. But before you go writing a letter to Red Bull for your voucher, know that customers are no longer eligible for this compensation. In Red Bull’s words, they settled to “avoid the cost and distraction of litigation,” noting that their ad campaigns and can labels “have always been truthful and accurate.” Red Bull denied any wrongdoing. What Red Bull did was tread the line between false advertising and “puffery,” the legal term for extravagant claims about a product. The law allows for some lofty claims — such as “World’s Best Coffee” — so long as they are opinions. “Red Bull gives you wings” sounds like a factual statement, so it doesn’t fall under puffery. The energy drink company has continued using the slogan in its marketing in event sponsorship and TV ads. So, while Red Bull may not actually give you wings, it did pay out a lot of money in a court settlement over the claim.
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
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