drive&sober&or&get pulled&over&hve& campaign& · 2016-10-12 · "...
TRANSCRIPT
Drive Sober or Get Pulled Over HVE
Campaign
July 29, 2015
National Highway Traffic Safety Administration
LEL Webinar
NHTSA Office of Communications and Consumer Information,
and Impaired Driving Division July 29, 2015
Safer drivers. Safer cars. Safer roads.
Drive Sober or Get Pulled Over Crackdown
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Safer drivers. Safer cars. Safer roads.
• Introduction § Drive Sober or Get Pulled Over Campaign
Overview § Crackdown Dates § What's New/What’s Coming? § Materials on the Web § What can YOU do?
Agenda
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Safer drivers. Safer cars. Safer roads.
Message: Drive Sober or Get Pulled Over Target Audience: Men 21 - 34 years old
Enforcement Dates: AUGUST 21 – SEPTEMBER 7, 2015 Advertising Dates: AUGUST 19 – 23, 2015 AUGUST 26 – 30, 2015 SEPTEMBER 2 - 7, 2015
Campaign Overview
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Safer drivers. Safer cars. Safer roads.
PEAK – Products for Enforcement Action Kit
• Earned Media (news releases, fact sheets etc.) • Creative Assets (MDT Messages, infographics, Web
banners & logos) • Social Media (Facebook posts/Twitter tweets) • TV & Digital Ads ALSO • Sign up to receive e-mail alerts at
TrafficSafetyMarketing.gov
Materials on the Web
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Safer drivers. Safer cars. Safer roads.
MEDIA National Paid Media Campaign to support enforcement by:
• $13.5M in national TV, Radio and Online/Digital advertising from August 19 thru September 7
• Online/Digital Ads
• Creative assets
Drive Sober or Get Pulled Over Campaign Launch Dates
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Safer drivers. Safer cars. Safer roads.
NEW & COMING SOON – MDT Messaging – Online/Digital Ads – SaferRide Mobile App Creative – NHTSA Alcohol Research – Content Videos
What’s New/What’s Coming?
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Safer drivers. Safer cars. Safer roads.
LEL Feedback WE WANT TO HEAR FROM YOU!
Help us help your efforts of spreading the drunk driving message.
What’s working in the field?
What can OCCI do to assist in your efforts?
Safer drivers. Safer cars. Safer roads.
Resources available at:
TrafficSafetyMarketing.gov
Glaceria Mason
202-366-5876
Safer drivers. Safer cars. Safer roads.
• Law Enforcement involvement is the KEY to Crackdown success!
• Share the PEAK resources and encourage all law enforcement contacts to implement high-visibility enforcement activities – Reach out to 5 law enforcement agencies that haven’t
participated in Crackdown activities and encourage them to get involved this year.
– Remind law enforcement agencies about the Twitter and Facebook messages included in the PEAK. Encourage social media participation with #DriveSober.
– Ask agencies to report what Crackdown activities they complete and press coverage they receive to the Regional office.
What can YOU do?
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Safer drivers. Safer cars. Safer roads.
NHTSA Impaired Driving Division
Leah Walton
[email protected] 202-366-2679
Phase 2 Contact – Advanced Impaired Driver DetecHon
Thomas J. Reagan Maine LEL
DRE Instructor
Spring of 2013 Oregon Traffic Safety/DRE Conference The presenter was Clay AbboS
Texas DWI Resource Prosecutor
As a prosecutor he knows the value of the videos
He stressed ask early, ask oWen and be nice.
PRE-‐EXIT
Get as much info as possible at this point. You can ask it again later for clarificaHon but it is almost impossible to rule against statements made by the suspect at this point.
When the person is sHll siZng in the car Miranda is not an issue
PRE-‐EXIT
Ask that divided aSenHon quesHon while the driver searches for the license and registraHon
Mr. AbboS suggests something unusual and non-‐sequenHal
It should be your quesHon, with an easy answer.
PRE-‐EXIT
His example is “Is Mickey Mouse a dog or a cat?”
Watch for reacHons or inability to divide aSenHon
“What is the sixth le8er of the alphabet?” Asking the date and Hme without looking at the watch might be enough.
PRE-‐EXIT
We all ask “What have you had to drink tonight?”
Once answered, ask “What else?”
The person will usually try to placate you and add to the list
Ask it again unHl the list ends.
PRE-‐EXIT Mr. AbboS had a video where the driver said “two beers”
What else? Two shots before I went out What else? A Margarita What else? Shots of Jagermeister before I leW the bar
PRE-‐EXIT Your quesHon is non-‐accusatory and an honest inquiry
The jury watching it will also see that you don’t believe the answer.
PRE-‐EXIT
Instead of asking “How much have you had to drink tonight?”
Consider
“I can smell alcohol on your breath. How much have you been drinking tonight?”
PRE-‐EXIT
This gets that statement and the answer on the video It paints a picture for the jury The acknowledgement to the drinking is great for the jury to hear Later the report will read you could smell it but this, on video, is powerful for the jury.
PRE-‐EXIT
Follow these up with “How many drinks can you typically drink before you feel the effects?”
PRE-‐EXIT
We typically ask these quesHons; “Where are you coming from?” “Where are you going to?”
But add – “Where are you now?”
They can be useful in a jury trial.
PRE-‐EXIT
In this day of NCIS the juries like to see the evidence Draw it on a map for them before the trial The course they took to get there is in red The route the driver was going to in blue.
PRE-‐EXIT
Let the jury envision them driving on streets they know, not some street in someone’s imaginaHon
Also, the locaHon of the stop and where they think they are could be ploSed.
PRE-‐EXIT
To get the reason for the stop onto the video and to the jury pose the pre exit quesHons roadside “I noCced you were weaving back there on Main Street and had a wide turn” “Is there a reason for that?”
PRE-‐EXIT
The answer is admissible and it eliminates later BS defenses The answer will typically be an acknowledgement that they made errors.
PRE-‐EXIT
Then ask the quesHon “Are you feeling okay?”
They’ll be anxious to deny any medical issues caused the operaHon Confirm it
“No medical problems?”
PRE-‐EXIT Then ask the quesHon
“Are you taking any medicaCons?”
Follow up with “How do they make you feel?”
PRE-‐EXIT
Ask them if there “Any mechanical issues?”
Again, they won’t want to tell you the vehicle is defecHve so more oWen than not it’ll be a denial
These, caught on tape, may avoid any defenses created later in the lawyer’s office.
PRE-‐EXIT
While that video is running get details, not only for you but for the jury to hear
Pose your quesHons to tell the jury what you are seeing and let the driver explain.
PRE-‐EXIT Example. “I see you have a rubber ink stamp on the back of your hand.” “Where did you get that?”
The jury hasn’t even seen the driver on the video (sHll seated in the car) yet already their opinions are forming.
During SFSTs
During SFSTs
If they mess something up consider asking
“Would you have done be8er if you had not consumed any alcohol?”
The answer yes could be an admission of guilt.
During SFSTs
Ask them
“What do you do for work?”
The jury will learn directly via the video If they do that for work then the
SFSTs should be easy.
During SFSTs
Ask them “How do you think you did?”
Then “What could have been done be8er?”
And finally subtlety inquire if the difference might be due to alcohol/medicaHons.
Post Arrest
Post Arrest
The passengers are witnesses Get their statements in detail on audio You know they’ll tesHfy against you later so lock them into a statement Interview them separately Get them on the recorder
if possible.
Post Arrest
Search incident to arrest:
Remember to go by agency policies but look for credit card receipts. The first one printed 6 hours before the last, mulHple rounds purchased etc.
Check the wallet too.
Post Arrest
Turn the in-‐car video on
It may be useless in most OUI invesHgaHons but the jury might like to hear and see the suspect in the original state
I assure you he/she will not look like the clean cut defendant siZng in front of the jury.
Post Arrest
Remember, your invesHgaHon conHnues aWer the breath test
It does not add to your PC but it certainly can be used to show proof beyond a reasonable doubt.
Post Arrest
Mr. AbboS stressed
The juries love the videos
Make it so the defense hates your videos.
Thank You
ASK EARLY
ASK OFTEN
BE NICE
“No Refusal” Implementation and Operations
Sergeant Tim Wyatt Roanoke County Police Department
Roanoke County Police
� 90,000 Population � 247 square miles � 140 sworn � Part I Crime:1,300 � CFS: 30,000 � Traffic Stops: 19,000 � Crashes 2,250
Roanoke County DUI
What is “No Refusal”? The “No Refusal” Program encourages law
enforcement to obtain a search warrant for blood samples from suspected impaired drivers who refuse testing based on implied consent.
Background � “No refusal” is not a new concept. It was used
before states passed implied consent laws. � Officers in Virginia have obtained search warrants
for blood in the past, particularly in crash investigations.
� A large number of search warrants are not anticipated. Approximately 80% of DUI arrests result in consensual test.
Legal Issues Ø Driving is a privilege. As such, Virginia law requires
those drivers arrested for DUI to consent to chemical testing.
Ø Search warrants are the preferred methods of obtaining evidence from constitutionally protected areas without consent.
Ø A search warrant application is presented to a magistrate who reviews the probable cause before issuing a warrant.
Ø The procedures that we use are consistent with the blood testing procedures used under the implied consent law.
Supreme Court Cases Ø Schmerber-v-California (1966): upheld the non-
consensual withdrawal of blood in DUI cases and the results of the analysis were allowed as evidence.
Ø Missouri-v-McNeely (2013): ruled that a search
warrant is required for a non-consensual blood draw unless exigent circumstances are present.
“No Refusal” Implementation � MADD “No Refusal” workshop in 2014 � Determine frequency of the operations � Enlist support from Commonwealth’s Attorney
“No Refusal” Implementation � Enlist support from the Chief Magistrate of the
23rd Judicial Circuit � Establish process for blood withdrawal � Public education � Board of Supervisors � Training � Media
“No Refusal” Implementation Process Ø When a person is arrested for DUI, they are informed of
their obligations under the implied consent law. Ø If the person refuses to comply, the officer will complete an
application for a search warrant using the probably cause that led to the arrest.
Ø The application will be presented to a magistrate who will determine whether probably cause exists. If it does, a search warrant will be issued to obtain a sample of the person’s blood.
Ø The blood will be drawn by a member of the medical staff at the Roanoke County Jail using the same procedures that are used for an “implied consent” blood sample.
Why “No Refusal”? Ø Impaired drivers are dangerous. The decision to drive
impaired is not only illegal but irresponsible and unacceptable.
Ø Our primary purpose is to deter impaired drivers. “No refusal” sends a clear message that we will conduct thorough DUI investigations.
Ø For those drivers who persist in driving impaired, we want to take every lawful step to obtain the evidence that will be needed by the courts to determine guilt or innocence.
Conclusion Ø The “no refusal” strategy is a tool that we are adding to
our overall efforts to eliminate impaired driving. Ø These efforts have been successful in reducing the number
of alcohol-related crashes to less than 7% and reducing the number of people that have been arrested for DUI.
Ø The message that we are sending to our citizens who drive in a safe and responsible manner is that we will do everything lawfully possible to deter impaired driving and keep our roadways safe.
Ø The message to those who might drive impaired is that we will do everything lawfully possible to detect, apprehend, and convict you.
QuesHons?