2017 madd nebraska court monitoring briefing · 2019-09-30 · 1 2017 madd nebraska court...

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2017 MADD Nebraska Court Monitoring Briefing

Introduction States can have strong laws and tough enforcement but without consistent outcomes in the court system the message that drunk driving is a serious crime may get lost. The court system is our society’s mechanism for determining an individual’s guilt or innocence. It also sets the parameters of an offender’s punishment, restitution and rehabilitation. Over the past two years, the number of drunk driving deaths nationwide has increased after years of steady decline. Despite a cultural shift in America since Mothers Against Drunk Driving® (MADD) was founded in 1980, drunk driving still remains the biggest killer on our nation’s roadways. More than 10,000 people were killed in drunk driving crashes in 2015.

MADD believes there will come a day when there are No More Victims® of drunk driving. MADD’s guiding force to achieve this goal is the Campaign to Eliminate Drunk Driving — supporting high-visibility law enforcement, advocating for ignition interlocks for all drunk driving offenders, pushing for development of advanced vehicle technology and drawing upon public support for these initiatives.

A Look at Drunk Driving in Nebraska In 2017, 30 percent of fatal crashes were alcohol-related in Nebraska. This number is down slightly from the average of 35 percent of the previous four years (2013-2016). The number of DUI Arrests have decreased from 10,718 in 2012 to 6,877 in 2017 while the Alcohol Related Fatal Crashes and Fatalities has varied over the years.

Year DUI Arrests DUI Convictions Alcohol Related Fatal Crashes

Alcohol Related Fatalities

2011 12,207 10,549 49 51

2012 10,718 9,528 81 87

2013 9,343 8,703 65 70

2014 8,617 7,576 75 78

2015 8,199 7,136 71 81

2016 7,311 6,594 73 81

2017 6,877 6,203 63 71

MADD Nebraska and Highway Safety Advocates can work on reducing the number of alcohol-related motor vehicle crashes on state roadways by addressing the number of arrests and convictions for all offenses. Court monitoring is intended to enhance transparency and accountability within the criminal justice system and reduce the likelihood of repeat drunk driving offenses. Studies show that consistently placing an observer in the courtroom has a positive effect on case disposition. Standardized reporting used by court monitors contributes to an increase in information that can result

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in higher conviction rates. When monitors cannot be in court, they collect data through online records in a process called data mining.

The Case for Court Monitoring Research has shown that first-time DUI offenders have driven drunk an average of 87 times before they are arrested (Zader, Krawchuk, Moore, 1997). The primary reason drivers continue to drive drunk is because they can. Nationally, about one-third of all drivers arrested for DUI have had a previous drunk driving conviction, which is similar to Nebraska’s rate. Across the country, DUI cases are often handled inconsistently, amended to a lesser charge, or simply dismissed by the justice system. MADD Nebraska advocates for swift and equitable treatment for all DUI cases. MADD’s Court Monitoring Program (CMP) was designed to ensure that DUI arrests are prosecuted, unwarranted dismissals are decreased and justice is achieved. Goals of the CMP are to:

• Compile pertinent information on how DUI court cases are handled from county to county.

• Share mutual concerns about the outcomes of criminal cases with professionals in the legal arena.

• Report information gathered by trained volunteers to relevant entities and community members to ensure the system can be maintained and improved.

To achieve these goals, MADD Nebraska utilized trained volunteers to observe court procedures and collect pertinent information in DUI cases. Types of data collected included offense type, age and gender of the offender and sanctions imposed. MADD also worked closely with law enforcement, prosecutors and vested partners to relay data collected from the court monitoring program to show trends, patterns and behaviors when it comes to drunk driving enforcement and prosecution in those counties.

County Selection The fifteen priority counties included in the MADD Court Monitoring Evaluation and Education Project account for 1,400,872 residents or 74% of the Nebraska population. The fifteen counties are: Adams, Buffalo, Dodge, Douglas, Gage, Hall, Lancaster, Lincoln, Madison, Platte, Saline, Sarpy, Saunders, Washington and York. These counties were identified by the Nebraska Office of Highway Safety (NOHS) as having either a high crash rate for alcohol, speed and/or alcohol use by youth.

The target population consists of offenders arrested for DUI. It is imperative that courts take a strong look at the effectiveness of DUI adjudication and how those actions contribute to the progress in reducing impaired driving fatalities and recidivism. Residents will benefit from a court monitoring program focused on the criminal justice system and sentencing outcomes. MADD Nebraska worked closely with law enforcement, prosecutors, court personnel, and vested partners to collect data. Information will illustrate trends, patterns, and behaviors surrounding impaired driving enforcement and prosecution.

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Quantitative Data Collection Court Monitoring Program data were obtained from two sources: court trial forms, completed by MADD Nebraska staff and volunteers, and the Nebraska Trial Courts Case Search System database, hereafter called Justice. CMP volunteers included concerned community members, college students interested in volunteering and/or requiring internship hours for a class, and retired adults. Data from the court trial forms were collected from four categories: 1) case information, 2) charges, 3) sanctions/sentence and 4) comments. Examples of case information included defendant name, date of birth and name and location of court. Charges recorded included the original charge, final charge, amended, and arresting agency. Examples of sanctions/sentences imposed included jail time, fines, ignition interlock, license suspension/revocation, and probation. Information collected by court program monitors were verified by MADD Nebraska CMP staff through records accessed from Justice. This database provided a detailed record of each DUI case presented to the court. Case information, charges, and sanctions imposed were available through the Justice system. Data obtained from the Justice database was compared to information recorded on the court trial form to assure accuracy of data collection by court program monitors. Case files with Case Year 2017 were utilized for the data collection. Close to one hundred percent of all cases were included in the analysis if a county had 300 or fewer DUI arrests in the year of interest for analysis. If a county had more than 300 DUI arrests (i.e., Hall County) a random number of cases, for a total of close to 300 were chosen for analysis for expedited data analysis.

Data Analysis Data from closed and misdemeanor DUI cases with sanctions imposed were entered into Microsoft Excel spreadsheets for analysis. Variables of interest for this report included rulings, number and type of amended cases, length of case, offender age and gender, offense type, and sanctions imposed. Data was reported by frequencies, percentages, and averages.

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Case Analysis for all 15 Counties: Adams, Buffalo, Dodge, Douglas, Gage, Hall,

Lancaster, Lincoln, Madison, Platte, Saline, Sarpy, Saunders, Washington and

York

Statewide there were 6,877 arrests recorded by NDOT – Office of Highway Safety.

MADD analyzed 2,430 DUI cases that occurred in 2017. This represents 35% of the

total cases. These cases were primarily misdemeanor charges, unless the individual

was charged with a DUI 3rd .15+ or higher – those are considered felony offenses in the

state of Nebraska. Of the 2,430 cases, 2,309 were closed and adjudicated by the time

this report was printed. A total of 92 cases had bench warrants and 29 were still open

and in the process of going through the judicial system.

Year 2017

# of Cases Analyzed 2,430

# of Cases Adjudicated* 2,309

# of Bench Warrants 92

# of Open Cases 29 *Numbers do not include Bench Warrant or Open Cases

2,4302,309

92 290

500

1,000

1,500

2,000

2,500

3,000

Cases Analyzed Adjudicated* Bench Warrant Open Cases

Totals

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Adjudication Summary for all 15 Counties in 2017:

Below is a breakdown of the findings for the 2,309 closed cases. Fifty five percent of the

offenders pled and were found guilty of the original DUI charge. Thirty four percent of

the offenders pled and were found guilty of an amended DUI charge. MADD believes

that all who are charged with DUI offenses should be prosecuted as charged, rather

than be allowed to negotiate to a lesser offense, especially a non-alcohol related

offense.

# of Cases 2017

Guilty Pleas to Original Charge 1,273

Not Guilty Pleas to Original Charge 5

Guilty Pleas to Amended DUI Charge 792

Not Guilty Pleas to Amended DUI Charge 0

Pleas to Non DUI Charge 154

Dismissed 81

Transferred 4

55%

0%

34%

0%7%

4% 0%

Adjudication Summary for all 15 Counties

Guilty Pleas to Original Charge Not Guilty Pleas to Original Charge

Guilty Pleas to Amended DUI Charge Not Guilty Pleas to Amended DUI Charge

Pleas to Non DUI Charge Dismissed

Transferred

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County Demographics 2017:

The table below shows a comprehensive count for all fifteen counties, including gender and age breakdowns. Total counts and the overall average age are also included.

County Males Females 16-20 years

21-25 years

26-39 years

40+ years

Average Age

Adams ( n=119) 97 22 8 39 36 36 34

Buffalo (n=168) 130 38 13 42 77 36 33

Dodge (n=151) 119 32 10 39 61 41 34

Douglas (n=332) 246 86 11 60 164 97 34

Gage (n=75) 59 16 0 22 27 26 35

Hall (n=361) 291 70 39 79 144 99 33

Lancaster (n=341) 264 77 17 90 159 75 33

Lincoln (n=170) 131 39 8 30 77 55 36

Madison (n=138) 100 38 8 30 55 45 35

Phelps (n=23) 19 4 1 3 10 9 39

Platte (n=129) 107 22 4 31 51 43 36

Sarpy (n=227) 180 47 12 47 103 65 34

Saunders (n=65) 56 9 2 11 22 30 38

Washington (n=88) 64 24 3 14 35 36 37

York (n=43) 31 12 0 3 19 21 39

Totals (n=2,430) 1894 536 136 540 1040 714 35

n=number of cases analyzed

78%

22%

Males vs Females

Males Females

0

500

1000

1500

16-20 years 21-25 years 26-39 years 40+ years

Average Age of Offender

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DUI Conviction Rates 2017:

The average conviction rate for all fifteen counties was 87%. Douglas and Lancaster Counties had the highest conviction rates at 94% and 95%. Phelps County had the lowest rate at 68%. Data included in this report was retrieved from Justice only and open, dismissed, bench warrant and cases transferred to Juvenile court were excluded from analysis to capture sanctioning practices of adjudicated DUI cases only.

County 2017 Conviction Rate

Adams ( n=116) 75%

Buffalo (n=158) 89%

Dodge (n=142) 95%

Douglas (n=320) 94%

Gage (n=70) 93%

Hall (n=336) 85%

Lancaster (n=328) 96%

Lincoln (n=162) 88%

Madison (n=123) 90%

Phelps (n=22) 68%

Platte (n=124) 87%

Sarpy (n=217) 90%

Saunders (n=64) 80%

Washington (n=87) 91%

York (n=40) 78%

Totals (n=2,309) 87%

n=adjudicated cases

0%

20%

40%

60%

80%

100%

120%

2017 Conviction Rates

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Case Length 2017:

The average time it took for a DUI case to be adjudicated, from arrest date to conviction date, for the fifteen counties was 148 days. The range ran from 103 days in Dodge County to 197 days in Sarpy County.

193 192

103

134144

131

190

121138 144

128

197181

118 112

148

0

50

100

150

200

250

Average Length of Case (days)

County Average Length of Case (days)

Adams ( n=116) 193

Buffalo (n=158) 192

Dodge (n=142) 103

Douglas (n=320) 134

Gage (n=70) 144

Hall (n=336) 131

Lancaster (n=328) 190

Lincoln (n=162) 121

Madison (n=123) 138

Phelps (n=22) 144

Platte (n=124) 128

Sarpy (n=217) 197

Saunders (n=64) 181

Washington (n=87) 118

York (n=40) 112

Totals (n=2,309) 148 Days

n=adjudicated cases

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DUI Amended Cases 2017:

The total percentage of amended cases for all fifteen Counties was 41%. The proportion of total amended cases ranged from less than 1% in Lancaster County to 68% in York County.

County

Total Amended

Cases

Percent of Amended

Cases

Amended to a Lesser DUI

Charge

Amended to a Higher DUI

Charge

Amended to a Non-DUI Charge

Adams ( n=116) 57 49% 21 0 18

Buffalo (n=158) 86 54% 77 0 9

Dodge (n=142) 68 48% 61 0 7

Douglas (n=320) 174 54% 159 1 14

Gage (n=70) 10 14% 8 0 2

Hall (n=336) 129 38% 87 19 23

Lancaster (n=328) 23 1% 17 2 4

Lincoln (n=162) 71 44% 58 0 13

Madison (n=123) 61 50% 51 0 10

Phelps (n=22) 14 64% 8 0 6

Platte (n=124) 51 41% 39 1 11

Sarpy (n=217) 106 49% 91 3 12

Saunders (n=64) 32 50% 19 2 11

Washington (n=87) 33 38% 26 0 7

York (n=40) 27 68% 20 0 7

Totals (n=2,309) 942 41% 742 28 154

n=adjudicated cases

49%54%

48%54%

14%

38%

1%

44%50%

64%

41%

49% 50%

38%

68%

0%

10%

20%

30%

40%

50%

60%

70%

80%

Percent of Amended Cases

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Ignition Interlock 2017

In Nebraska, ignition Interlock installation became mandatory for all those convicted of

DUI in 2013. Ignition interlocks save lives by requiring convicted drunk drivers to prove

they are sober before their car will start. Ignition interlocks are proven effective — on

average, ignition interlocks reduce repeat drunk driving offenses by 67 percent.

County Ignition Interlock Ordered %

Adams ( n=87) 79 91%

Buffalo (n=141) 138 98%

Dodge (n=135) 125 93%

Douglas (n=302) 294 97%

Gage (n=65) 65 100%

Hall (n=287) 283 99%

Lancaster (n=315) 312 99%

Lincoln (n=142) 127 89%

Madison (n=111) 94 85%

Phelps (n=15) 13 86%

Platte (n=108) 107 99%

Sarpy (n=196) 184 94%

Saunders (n=51) 49 96%

Washington (n=79) 74 64%

York (n=31) 30 99%

Totals (n=2,065) 1,974 96%

n= guilty cases

91%98%

93%97% 100% 99% 99%

89%85% 86%

99%94% 96%

64%

99%

0%

20%

40%

60%

80%

100%

120%

% of Ignition Interlock Devices Ordered

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County Overview Breakdown:

The following pages breakdown each of the 15 counties in detail, showing

Demographics, Age Range, Case Information, Adjudication Summary and Amended

Case Information. DUI offense and sanction details are also included for each county.

Fourteen sanctions imposed for DUI offenders for each county were recorded. The

sanctions included: Fines, Fees, Jail, Probation, Revoked License, Impound License,

Interlock, Victim Impact Panel, Attitudinal Dynamics, AA, Alcohol Education, Community

Service, House Arrest and Immobilize Vehicle. The following data regarding sanctions

imposed in each county were based on data from the Justice system only.

Consequently, some of the data presented, or lack thereof, may not be a complete

representation of the sanction practices in each county. There may be additional

sanctions included in probation orders and MADD is not able to access those records.

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Adams County Overview 2017 Demographics:

Males 97

Females 22

Age Range of Offender:

16 – 20 years 8

21 – 25 years 39

26 – 39 years 36

40+ years 36

Average Age of Offender 34

Case Information:

Cases Analyzed 119

Adjudicated* 116

Bench Warrant 3

Open Cases 0

Average Length of Case* 193 Days

*Numbers do not include Bench Warrant Cases or Open Cases

Adjudication Summary:

Guilty Pleas to Original Charge 48





Dismissed 8

Transferred 0

Amended Case Information:

Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 13

DUI 1st .15+ 2 29

DUI 2nd 2 3 1

DUI 2nd .15+ 1 2

DUI 3rd

DUI 3rd .15+

DUI 4th 1 1 1

DUI 4th .15+ 1

DUI 5th

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Adams County Overview page 2 DUI 1st DUI 1st .15+

Cases found guilty: 70 Cases found guilty: 7

Sanction Average/Range Sanction Average/Range

Fine $500 Fine $500

Fees (Average) $85 Fees (Average) $178

Jail 17 cases; 7-60 days Jail 4 cases; 2-14 days

Probation 24 cases; 6 mo. to court 29 cases; 6-12 months

Probation 1 case; 6 mo. to court 4 cases; 12 months

Revoked License 68 cases; 60-180 days Revoked License 7 cases; 6-12 months

Impound License Impound License

Interlock 65 Interlock 6

Victim Impact Panel 39 Victim Impact Panel 3

Attitudinal Dynamics 17 Attitudinal Dynamics 1

AA 2 AA

Alcohol Education Alcohol Education

Community Service 15 Community Service 1 case; 120 hours

House Arrest House Arrest

Immobilize Vehicle Immobilize Vehicle

DUI 2nd DUI 2nd .15+



Fine $500 Fine $1,000


Jail 1 case; 30 days Jail 4 cases; 30-365 days

Probation 3 cases; 12-18 months Probation 1 case; 24 mo. to court 4 cases; 18 mo. – 15 yrs

Revoked License 3 cases; 18 months Revoked License 4 cases; 18 mo-15 years



Victim Impact Panel Victim Impact Panel 1

Attitudinal Dynamics Attitudinal Dynamics

AA AA

Alcohol Education 1 Alcohol Education

Community Service 1 case; 240 hours Community Service



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Adams County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine


Jail 2 cases; 30-120 days Jail 36 months

Probation 2 cases; 24 months Probation

Revoked License 2 cases; 2-10 years Revoked License 15 years


Interlock 2 Interlock

Victim Impact Panel 2 Victim Impact Panel

Attitudinal Dynamics 2 Attitudinal Dynamics

AA AA


Community Service Community Service



DUI 4th Sanctions DUI 4th .15+



Fine Fine

Fees (Average) Fees (Average)

Jail Jail

Probation Probation

Revoked License Revoked License


Interlock Interlock

Victim Impact Panel Victim Impact Panel


AA AA





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Buffalo County Overview 2017 Demographics:

Males 130

Females 38


16 – 20 years 13

21 – 25 years 42

26 – 39 years 77

40+ years 36


Case Information:

Cases Analyzed 168

Adjudicated* 158

Bench Warrant 9

Open Cases 0









Dismissed 7

Transferred 1


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 8

DUI 1st .15+ 38

DUI 2nd 1 4

DUI 2nd .15+ 3 8 15

DUI 3rd 1

DUI 3rd .15+ 3 3

DUI 4th

DUI 4th .15+ 2

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Buffalo County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500



Probation 17 cases; 5-18 months 55 cases; 6-12 months to court

Probation 8 cases; 8-24 months 7 cases; 6-12 months to court

Revoked License 84 cases; 60-180 days Revoked License 23 cases; 60-365 days





AA 5 AA 5

Alcohol Education 39 Alcohol Education 7







Fine $500 Fine $1,000



Probation 13 cases; 12-18 months 1 case; 12 months to court

Probation 2 cases; 12-18 months

Revoked License 21 cases; 18 months Revoked License 5 cases; 18 months-3yrs





AA 8 AA 1





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Buffalo County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine $1,000

Fees (Average) $499 Fees (Average) $2,440

Jail 7 cases; 27-30 days Jail 2 cases; 3-32 months

Probation 6 cases; 18-24 months 1 case; 18 months to court

Probation 1 case; 5 years

Revoked License 7 cases; 2-5 years Revoked License 2 cases; 5-15 years





AA 4 AA





DUI 4th DUI 4th .15+



Fine Fine $1,000

Fees (Average) Fees (Average) $580

Jail Jail 1 case; 2-4 years

Probation Probation 1 case; 18 months

Revoked License Revoked License 2 cases; 15 years


Interlock Interlock 2



AA AA





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Dodge County Overview 2017 Demographics:

Males 119

Females 32


16 – 20 years 10

21 – 25 years 39

26 – 39 years 61

40+ years 41


Case Information:

Cases Analyzed 151

Adjudicated* 142

Bench Warrant 8

Open Cases 1









Dismissed 0

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 5

DUI 1st .15+ 33

DUI 2nd 1 5

DUI 2nd .15+ 1 3 11

DUI 3rd 1 1

DUI 3rd .15+ 6

DUI 4th 1

DUI 4th .15+

DUI 5th

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Dodge County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500


Jail 30 cases; 7 days Jail 8 cases; 2-60 days

Probation 60 cases; 6-18 months Probation 7 cases; 6-12 months

Revoked License 87 cases; 60 -180 days Revoked License 13 cases; 60-365 days





AA 1 AA


Community Service 57 cases; 60 hours Community Service 5 cases; 60-120 hours






Fine $500 Fine $1,000



Probation 16 cases; 12 months Probation 2 cases; 18 months

Revoked License 14 cases; 12-18 months Revoked License 7 cases; 1-3 years





AA AA


Community Service 4 cases; 240 hours Community Service



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Dodge County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine

Fees (Average) $634 Fees (Average)

Jail 9 cases; 30-240 days Jail

Probation 6 cases; 18-24 months Probation

Revoked License 9 cases; 2-15 years Revoked License





AA 1 AA








Fine Fine


Jail 1 case; 1 year Jail

Probation 1 case; 18 months Probation

Revoked License 1 case; 15 years Revoked License





AA AA





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Douglas County Overview 2017 Demographics:

Males 246

Females 86


16 – 20 years 11

21 – 25 years 60

26 – 39 years 164

40+ years 97


Case Information:

Cases Analyzed 332

Adjudicated* 320

Bench Warrant 12

Open Cases 0









Dismissed 3

Transferred 1


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 12

DUI 1st .15+ 2 55 1

DUI 2nd 5

DUI 2nd .15+ 10 9 55

DUI 3rd 1 7

DUI 3rd .15+

DUI 4th

DUI 4th .15+ 1 8 4

DUI 5th 1

DUI 5th .15+ 1 2

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Douglas County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500




Revoked License 117 cases; 60-365 days Revoked License 23 cases; 2-12 months





AA 2 AA 2


Community Service 3 cases; 8-120 hours Community Service 2 cases; 120 hours






Fine $500 Fine $1,000




Revoked License 76 cases; 6-54 months Revoked License 51 cases; 60 days-7years





AA 3 AA 1


Community Service Community Service 2 cases; 20-40 hours



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Douglas County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine $1,000


Jail 9 cases; 30-180 days Jail 9 cases; 60 days-3 yrs

Probation 8 cases; 18-36 months Probation 6 cases; 18 months-3yrs

Revoked License 9 cases; 2-15 years Revoked License 9 cases; 5-15 years





AA 1 AA








Fine $2,000 Fine $2,000


Jail 7 cases; 90 days-18mo Jail 5 cases; 1-6 years

Probation 6 cases; 18 months-5yrs Probation 1 case; 4 years

Revoked License 8 cases; 15 yrs Revoked License 4 cases; 15 years





AA AA





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Douglas County Overview page 4 DUI 5th DUI 5th .15+



Fine Fine


Jail Jail 2 cases; 5-10 years

Probation Probation






AA AA





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Gage County Overview 2017 Demographics:

Males 59

Females 16


16 – 20 years 0

21 – 25 years 22

26 – 39 years 27

40+ years 26


Case Information:

Cases Analyzed 75

Adjudicated* 70

Bench Warrant 2

Open Cases 3









Dismissed 3

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 1st 1

DUI 1st .15+ 3

DUI 2nd 1 1

DUI 2nd .15+ 1

DUI 3rd 2

DUI 3rd .15+

DUI 4th 1

DUI 4th .15+

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Gage County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500



Probation 33 cases; 6-18 months Probation 6 months

Revoked License 54 cases; 2-18 months Revoked License 1 year





AA AA


Community Service 1 case; 240 hours Community Service 120 hours

House Arrest 2 cases; 14 days House Arrest





Fine $500 Fine




Revoked License 9 cases; 18 months Revoked License





AA AA





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Gage County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine


Jail 90 days Jail

Probation 24 months Probation

Revoked License 10 years Revoked License





AA AA








Fine Fine


Jail Jail

Probation Probation



Interlock Interlock



AA AA





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Hall County Overview 2017 Demographics:

Males 291

Females 70


16 – 20 years 39

21 – 25 years 79

26 – 39 years 144

40+ years 99


Case Information:

Cases Analyzed 361

Adjudicated* 336

Bench Warrant 16

Open Cases 9









Dismissed 25

Transferred 1


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 5th

DUI 1st 20 14 1

DUI 1st .15+ 38

DUI 2nd 1 14 4

DUI 2nd .15+ 1 3 14

DUI 3rd 1 1

DUI 3rd .15+ 3 4

DUI 4th 1 4

DUI 4th .15+ 1

DUI 5th .15+ 1

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Hall County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500



Probation 117 cases; 6-12 mo to court 46 cases; 6-24 months

Probation 2 cases; 6-9 mo to court 21 cases; 6-18 months

Revoked License 193 cases; 60-365 days Revoked License 28 cases; 365 days





AA AA 1


Community Service 1 case; 100 hours Community Service 4 cases; 120 hours






Fine $500 Fine $1,000



Probation 1 case; 12 months to court 20 cases; 6-24 months

Probation 10 cases; 9-24 months

Revoked License 36 cases; 18 months Revoked License 14 cases; 18-60 months



Victim Impact Panel Victim Impact Panel 1


AA 3 AA 1





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Hall County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine


Jail 12 cases; 1-5 months Jail


Revoked License 12 cases; 2 - 15 years Revoked License





AA AA








Fine 0 Fine $2,000


Jail 2 cases; 90 -180 days Jail 3 cases; 120 days–4yrs

Probation 1 case; 36 months Probation 2 cases; 36-60 months

Revoked License 1 case; 15 years Revoked License 3 cases; 15 years





AA AA





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Hall County Overview page 4 DUI 5th DUI 5th .15+



Fine $2,000 Fine

Fees (Average) $2,992 Fees (Average)

Jail 180 days Jail

Probation 5 years Probation






AA AA





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Lancaster County Overview 2017 Demographics:

Males 264

Females 77


16 – 20 years 17

21 – 25 years 90

26 – 39 years 159

40+ years 75


Case Information:

Cases Analyzed 341

Adjudicated* 328

Bench Warrant 11

Open Cases 2









Dismissed 9

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 4

DUI 1st .15+ 5

DUI 2nd 2 2

DUI 2nd .15+ 2 3

DUI 3rd 2

DUI 3rd .15+

DUI 4th 1

DUI 4th .15+ 1 1

DUI 5th

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Lancaster County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500


Jail 26 cases; 7-30 days Jail 8 cases; 2 - 14 days

Probation 15 cases; 6-12 months Probation 3 cases; 12 months

Revoked License 121 cases; 60-365 days Revoked License 50 cases; 1 year





AA AA


Community Service 4 cases; 50 hours Community Service 1 case; 120 hours

House Arrest 81 cases; 7-14 days House Arrest 42 cases; 2-14 days





Fine $500 Fine $1,000



Probation 8 cases; 18 months Probation 52 cases; 24 months

Revoked License 44 cases; 18 months Revoked License 74 cases; 3 mo-3 yrs





AA AA 1


Community Service 2 cases; 50-240 hours Community Service 2 cases; 100 hours

House Arrest 32 cases; 10-45 days House Arrest 46 cases; 3-58 days


34

Lancaster County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine









AA AA



House Arrest 9 cases; 30 days House Arrest





Fine $1,000 Fine $2,000


Jail 3 cases; 12-32 months Jail 300 days

Probation Probation 4 years

Revoked License 3 cases; 15 years Revoked License 15 years





AA AA





35

Lancaster County Overview page 4 DUI 5th DUI 5th .15+



Fine $2,000 Fine


Jail 2 cases; 180d ays-8yrs Jail


Revoked License 2 cases; 15 years Revoked License





AA AA





36

Lincoln County Overview 2017 Demographics:

Males 131

Females 39


16 – 20 years 8

21 – 25 years 30

26 – 39 years 77

40+ years 55


Case Information:

Cases Analyzed 170

Adjudicated* 162

Bench Warrant 3

Open Cases 5









Dismissed 5

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 11

DUI 1st .15+ 2 24

DUI 2nd 3

DUI 2nd .15+ 2 4 2

DUI 3rd 2 2 4

DUI 3rd .15+ 2 4 3

DUI 4th

DUI 4th .15+ 1 2

DUI 5th

DUI 5th .15+ 1 1 1

37

Lincoln County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500



Probation 8 cases; 1-2 months to court

42 cases; 6-12 months Probation 12 cases; 6-18 months






AA AA








Fine $500 Fine $1,000



Probation 7 cases; 18 months Probation 6 cases; 18-24 months






AA AA





38

Lincoln County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine $1,000



Probation 5 cases; 18-24 months 1 case; 1 month to court

Probation 2 cases; 2 – 5 years

Revoked License 7 cases; 60 days-15 yrs Revoked License 3 cases; 5-15 years





AA AA








Fine $2,000 Fine $2,000


Jail 90 days Jail 1 case; 120 days

Probation 24 months Probation 2 cases; 2-3 years

Revoked License 15 years Revoked License 2 cases; 15 year





AA AA





39

Madison County Overview 2017 Demographics:

Males 100

Females 38


16 – 20 years 8

21 – 25 years 30

26 – 39 years 55

40+ years 45


Case Information:

Cases Analyzed 138

Adjudicated* 123

Bench Warrant 13

Open Cases 2









Dismissed 2

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 9

DUI 1st .15+ 21

DUI 2nd 8

DUI 2nd .15+ 1 4 5 9

DUI 3rd 2

DUI 3rd .15+ 1

DUI 4th

DUI 4th .15+ 1

DUI 5th

40

Madison County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500









AA 11 AA 3








Fine $500 Fine $1,000


Jail 16 cases; 10 -90 days Jail 5 cases; 30-120 days







AA 7 AA 2





41

Madison County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine









AA 3 AA








Fine $1,000 Fine


Jail 3 cases; 18-24 months Jail


Revoked License 3 cases; 15 years Revoked License





AA AA





42

Madison County Overview page 4 DUI 5th DUI 5th.15+



Fine Fine



Probation Probation






AA AA





43

Phelps County Overview 2017 Demographics:

Males 19

Females 4


16 – 20 years 1

21 – 25 years 3

26 – 39 years 10

40+ years 9


Case Information:

Cases Analyzed 23

Adjudicated* 22

Bench Warrant 1

Open Cases 0









Dismissed 1

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 5

DUI 1st .15+ 4

DUI 2nd 1 1

DUI 2nd .15+ 1

DUI 3rd

DUI 3rd .15+ 1

DUI 4th

DUI 4th .15+ 1

DUI 5th .15+

44

Phelps County Overview page 2

DUI 1st DUI 1st .15+



Fine $500 Fine $500


Jail 4 cases; 7-60 days Jail 3 cases; 2 days

Probation 4 cases; 6-18 months 3 cases; 6 months to court

Probation 1 case; 6 months 2 cases; 6 months to court






AA AA








Fine Fine


Jail Jail

Probation Probation



Interlock Interlock



AA AA





45

Phelps County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine $1,000

Fees (Average) Fees (Average) $1,740

Jail 365 days Jail 90 days

Probation Probation 5 years

Revoked License 15 years Revoked License 10 years





AA AA








Fine Fine


Jail Jail

Probation Probation



Interlock Interlock



AA AA





46

Platte County Overview 2017 Demographics:

Males 107

Females 22


16 – 20 years 4

21 – 25 years 31

26 – 39 years 51

40+ years 43


Case Information:

Cases Analyzed 129

Adjudicated* 124

Bench Warrant 1

Open Cases 4









Dismissed 5

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 9

DUI 1st .15+ 1 13 1

DUI 2nd 6

DUI 2nd .15+ 8 3

DUI 3rd 1 3

DUI 3rd .15+ 4

DUI 4th 1

DUI 4th .15+ 1

DUI 5th .15+

47

Platte County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500


Jail 11 cases; 14-30 days Jail 26 cases; 2 -45 days







AA 6 AA 11


Community Service Community Service 2 cases; 120 hours






Fine $500 Fine $1,000









AA AA 2





48

Platte County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine



Probation 5 case; 12-18 months Probation






AA 4 AA








Fine Fine


Jail Jail

Probation Probation



Interlock Interlock



AA AA





49

Sarpy County Overview 2017 Demographics:

Males 180

Females 47


16 – 20 years 12

21 – 25 years 47

26 – 39 years 103

40+ years 65


Case Information:

Cases Analyzed 227

Adjudicated* 217

Bench Warrant 8

Open Cases 2









Dismissed 8

Transferred 1


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 5th .15+

DUI 1st 9 1

DUI 1st .15+ 1 39

DUI 2nd 1 7 1

DUI 2nd .15+ 5 5 25

DUI 3rd 1

DUI 3rd .15+ 3

DUI 4th 1 1

DUI 4th .15+ 1 2 2 1

50

Sarpy County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500




Revoked License 101 cases; 2-6 months Revoked License 20 cases; 6-36 months





AA 14 AA 3


Community Service 16 cases; 10-40 hours Community Service 4 cases; 40-120 hours






Fine $500 Fine $1,000


Jail 34 cases; 4-180 days Jail 15 cases; 10 days-30months

Probation 23 cases; 12-24months Probation 11 cases; 15-60 months

Revoked License 38 cases; 2-18 months Revoked License 17 cases; 18 mo-15yrs





AA 9 AA 4


Community Service 3 cases; 20-240 hours Community Service



51

Sarpy County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine $1,000


Jail 7 cases; 30-365 days Jail 4 cases; 99 days-3 yrs

Probation 3 cases; 24-60 months Probation 1 case; 5 years

Revoked License 7 cases; 2-15 years Revoked License 4 cases; 15 years





AA 1 AA


Community Service 1 case; 80 hours Community Service 2 cases; 20-60 hours






Fine $2,000 Fine


Jail 2 cases; 90 -365 days Jail 2 cases; 2-15 years

Probation 1 case; 5 years Probation

Revoked License 2 cases; 15 years Revoked License 2 cases; 15 years





AA AA


Community Service 1 case; 20 hours Community Service



52

Sarpy County Overview page 4




Fine Fine



Probation Probation



Interlock Interlock



AA AA





53

Saunders County Overview 2017 Demographics:

Males 56

Females 9


16 – 20 years 2

21 – 25 years 11

26 – 39 years 22

40+ years 30


Case Information:

Cases Analyzed 65

Adjudicated* 64

Bench Warrant 0

Open Cases 1









Dismissed 2

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 11 1

DUI 1st .15+ 10 1

DUI 2nd 1

DUI 2nd .15+ 1 1 3

DUI 3rd 2

DUI 3rd .15+

DUI 4th 1

DUI 4th .15+

DUI 5th

54

Saunders County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500




Revoked License 34 cases; 60 -180 days Revoked License 4 cases; 365 days





AA 3 AA


Community Service Community Service 1 case; 120 hours






Fine $500 Fine




Revoked License 10 cases; 18 months Revoked License





AA 12 AA





55

Saunders County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine


Jail 30 days Jail







AA AA








Fine Fine


Jail Jail

Probation Probation



Interlock Interlock



AA AA





56

Saunders County Overview page 4 DUI 5th DUI 5th .15+



Fine Fine


Jail Jail 48-96 months

Probation Probation

Revoked License Revoked License 15 years





AA AA





57

Washington County Overview 2017 Demographics:

Males 64

Females 24


16 – 20 years 3

21 – 25 years 14

26 – 39 years 35

40+ years 36


Case Information:

Cases Analyzed 88

Adjudicated* 87

Bench Warrant 1

Open Cases 0









Dismissed 1

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 7 1

DUI 1st .15+ 16

DUI 2nd 5

DUI 2nd .15+ 2 2

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 5th

58

Washington County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500









AA AA


Community Service Community Service 2 cases; 120 hours






Fine $500 Fine $1,000



Probation 8 cases; 12-24 months Probation 3 case; 24 months






AA AA





59

Washington County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine


Jail 30 days Jail







AA AA





DUI 4th DUI 5th



Fine $0 Fine


Jail 1 year Jail

Probation Probation



Interlock Interlock



AA AA





60

York County Overview 2017 Demographics:

Males 31

Females 12


16 – 20 years 0

21 – 25 years 3

26 – 39 years 19

40+ years 21


Case Information:

Cases Analyzed 43

Adjudicated* 40

Bench Warrant 3

Open Cases 0









Dismissed 2

Transferred 0


Non DUI

DUI 1st

DUI 1st .15+

DUI 2nd

DUI 2nd .15+

DUI 3rd

DUI 3rd .15+

DUI 4th

DUI 4th .15+

DUI 1st 6

DUI 1st .15+ 1 9

DUI 2nd 3

DUI 2nd .15+ 1 2

DUI 3rd 1

DUI 3rd .15+ 1 2

DUI 4th

DUI 4th .15+

DUI 5th 1

61

York County Overview page 2 DUI 1st DUI 1st .15+



Fine $500 Fine $500



Probation 17 cases; 6 months Probation 1 case; 9 months






AA AA








Fine $500 Fine $1,000


Jail 3 cases; 10 - 30 days Jail 3 cases; 12-120 days


Revoked License 3 cases; 18 months Revoked License 3 cases; 1-5 years





AA AA





62

York County Overview page 3 DUI 3rd DUI 3rd .15+



Fine $1,000 Fine









AA AA





DUI 4th DUI 5th



Fine Fine


Jail Jail

Probation Probation



Interlock Interlock



AA AA





63

Conclusion

Overall, Nebraska has some of the strongest DUI laws in the nation. While inconsistencies in the types of sanctions exist, overall offenders are being taken off the streets. Numerous factors impact how law enforcement, prosecutors and judges adjudicate DUI cases. These may include city ordinances, state and federal laws, technical issues with breath testing equipment and circumstances of each individual case. Currently, there are many strong statutes and laws in place for the adjudication of DUI cases. One concern from this report is the number of cases being amended to lesser charges. An offender who is arrested for a DUI 2nd should not be allowed to plead down to a lesser charge – the offender needs to be held accountable. Another concern is the high rate of offenders taking House Arrest. Observations generated from this report include:

All fifteen counties utilized Fines, Fees, Jail, Probation, Revoked License and Ignition Interlock consistently as sanctions for DUI offenders. Depending on the DUI offense, fines range from $500 - $2,000, probation ranged from 1-12 months (up to 5 years for DUI 4th .15+), and revoked license ranged from 60 days to 15 years for DUI 3rd.15+ and higher cases.

Adams, Buffalo, Dodge, Hall, Lancaster, Madison, Platte, Sarpy, Saunders, Washington and York also sanctioned some type of additional education component in the form of Victim Impact Panel, AA, Alcohol Education and/or Attitudinal Dynamics). A few counties did sentence Community Service.

Lancaster County was the main county to utilized House Arrest as a sanction. Of the 315 cases found guilty, 67% of those offenders received House Arrest.

Ignition Interlock was ordered for 96% of the adjudicated cases. There is no way for MADD to know if the offender had the device installed in their car or for how long.

Adams, Buffalo, Hall, Lincoln and Phelps Counties utilized Probation to the Court primarily for DUI 1st, DUI 1st .15+ and DUI 2nd offences.

MADD will continue to analyze DUI cases and sanctions and build on this database. Volunteers will continue to be trained to attend court, and staff will keep talking with community partners and strengthening relationships. Education is a vital component of the Court Monitoring program.

2017 madd nebraska court monitoring briefing · 2019-09-30 · 1 2017 madd nebraska court...

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