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Prosecutors & Judges
Drunk and drugged driving is a crime that results in a tremendous loss life and can prove to be economically devastating – both to those individuals involved and to the community. Judges and prosecutors are leaders within their communities and are looked to for guidance on these issues. It is important that prosecutors and judges play an active role in community efforts to educate the public about impaired driving.
Prosecutors and judges play vital roles in identifying impaired drivers and preventing impaired driving crashes. Halting impaired driving does not conclude with the apprehension of impaired drivers. The roles of both judges and prosecutors shape the ultimate disposition of impaired driving cases and the consequences faced by those who drink and drive. These officials also have a key role to play in educating the public about the consequences of drinking and driving.
If these officials are not already a part of your Safe Communities and 3D coalitions, ensure that your local prosecutors and judges are aware of the high cost of impaired driving and to the penalty options available to them when charging or sentencing convicted impaired drivers.
Prosecutors and judges who are involved in 3D Prevention Month can participate in the following types of activities:
- Participate in mock crash demonstrations. After the emergency care providers have done their job and the impaired driver is arrested by law enforcement, the next step is to hold a mock hearing where charges are brought against the drinking driver and the potential penalties outlined.
- Invite students to observe real impaired driving arraignments and dispositional hearings.
- Speak to students, drivers’ education classes, civic groups and others about the consequences of being apprehended for drinking and driving.
- Provide tours of the courthouse and jail.
- Give media interviews and participate in call-in talk shows for radio and television.
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GEORGIA JUDGE TAILORS DUI SANCTIONS; RECIDIVISM DROPS
In the Rockdale County, Georgia, courtroom of Judge William F. Todd, Jr., impaired drivers received sanctions tailored specifically for them. For example, a first offender with no evidence of a drinking problem might typically be given a fine or sent to Alcoholics Anonymous. But in Judge Todd’s court, that same offender might be sentenced to two days in jail, a fine and DWI school. A repeat offender with a drinking problem would receive a longer jail sentence from Judge Todd, along with a heavier fine, participation in a treatment program, daily breath-alcohol testing, and close supervision by a probation officer.
While Judge Todd’s program is exemplary, it is not unique. Many other judges have instituted such tailored sanctioning programs successfully. However, Judge Todd’s program has been analyzed for its effectiveness by NHTSA.
After one year, only six percent of first offenders had another alcohol violation, compared to 11 percent in the neighboring jurisdiction.
To order Evaluation of an Individualized Sanctioning Program for DUI Offenders (DOT HS 808 842, December 1998) or for additional information contact:
- Amy Berning
Research and Evaluation Division
National Highway Traffic Safety
Administration
400 Seventh Street, SW
Washington, DC 20590
Phone: 202-366-5599
Fax: 202-366-7096
E-mail: aberning@nhtsa.dot.gov
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IMPAIRED DRIVERS SLIP THROUGH THE CRACKS |
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Problems and Solutions in DWI Enforcement Systems (DOT HS 808 666, January 1998, Item # 7P0098) looked at why many alcohol-impaired drivers are either undetected or unpunished. The report identifies where and how they "slip through the cracks" in the criminal justice system and suggests ways to close the loopholes. Researchers identified 28 significant problems and 50 recommendations to fix them, including:
- expanded training programs for police officers, prosecutors, judges, and administrative hearing officers;
- new or modified procedures for catching and processing suspected DWIs, adjudicating DWI cases, and sanctioning DWI offenders;
- additional equipment, facilities, and personnel for agencies involved in enforcing BAC laws;
- additional funding to support the operation of these agencies;
- new or modified laws on the conduct of criminal and administrative adjudicative proceedings; and
- focused public information programs to gain public support for the operation of DWI enforcement agencies.
Any jurisdiction looking to improve its enforcement and adjudication of its driving while intoxicated laws should take a look at the recommendations of this report, which is available on the Web at:
www.nhtsa.dot.gov/people/injury/alcohol/dwienforce/cover.htm.
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