THE

MAINE LIAISON Edition 32 Maine Bureau of Highway Safety September 2019

York County RIDE Team worked with the SPIDRE Team in Lebanon on Labor Day Weekend.

The Maine Bureau of Highway Safety says six drivers were charged with Operating Under the Influence during last weekends sobriety checkpoint in Lebanon. The York Sheriff’s Office, State Police, Berwick, South Berwick and the York police departments, along with a New Hampshire State trooper, manned the four hour checkpoint along Route 202. Four of the drivers charged were for al-cohol and two others were charged with drug related OUI. Five of those drivers were charged at the

checkpoint and the sixth driver was charged by a State Trooper who was driv-ing home after the checkpoint ended. In all over 850 vehicles were stopped at the checkpoint and information handouts were given about impaired driving and the efforts to curb it. Field sobriety tests were given to 25 of those drivers. In addition to the OUI charges, six other drivers were charged with various offenses, including violating bail conditions, operating after suspension of their driver’s license and driving without a license.

Highway Safety’s mobile van was utilized at the checkpoint, providing the police officers space to conduct their roadside tests. The York County Dis-trict Attorney’s Office was also present , along with a local towing company. Because of the success last weekend, plans are being made for a second sobriety checkpoint in York County later this month. Highway Safety Director Lauren Stewart said the van has been utilized 24 times since June first at sobriety checkpoints around the state and those efforts to as-sist police agencies will continue into the late fall.

Grant Managers

The 2019 federal fiscal year ends on September 30. All 2019 details must end when your grant contract indi-

cates. Follow the instructions to close the grant(s) along with your final reimbursement request(s).

Invitations for 2020 grants will be out in the next few weeks. To help you with the grant writing process we

will be hosting Grant Writing classes. The first two classes will be Sept 24th and two more on the 26th. If

you’re new to highway safety grants please consider attending or you can send any employee who you assign

as the grant writer of your agency. Contact the MeBHS for more information. 626-3840

According to estimates by the AAA Foundation for Traffic Safety, millions of drivers engaged in the following angry and aggressive behaviors during the previous year, including:

• Purposefully tailgating: 51 percent (104 million drivers)

• Yelling at another driver: 47 percent (95 million drivers)

• Honking to show annoyance or anger: 45 percent (91 million drivers)

• Making angry gestures: 33 percent (67 million drivers)

• Trying to block another vehicle from changing lanes: 24 percent (49 million drivers)

• Cutting off another vehicle on purpose: 12 percent (24 million drivers)

• Getting out of the vehicle to confront another driver: 4 percent (8 million drivers)

• Bumping or ramming another vehicle on purpose: 3 percent (6 million drivers) Read More

TSRP Update Fall 2019

Greetings,

I am Maine’s Traffic Safety Resource Prosecutor (TSRP). For those unfamiliar, a TSRP’s job is to provide sup-port, resources, and technical expertise in the area of traffic safety to assist law enforcement, prosecutors, and other traffic safety stakeholders. As a contractor for the Maine Bureau of Highway Safety, I work as a formal liaison between the Bureau and all other relevant state agencies to promote cooperative efforts at reducing impaired driving injuries and deaths.

TSRPs facilitate a coordinated, multidisciplinary approach to the prosecution of impaired driving and other traffic crimes.

If I can be of any assistance via any of the above resources to any Maine traffic safety stakeholder, please feel free to contact me and I will respond.

Scot Mattox, Esq.

Traffic Safety Resource Prosecutor Maine Bureau of Highway Safety

Dirigo Safety, LLC

(207) 376-7325 www.dirigosafety.com

____________________________________

Here is some relevant impaired driving and other traffic safety information that I am currently involved with:

FY2020 Maine Bureau of Highway Safety Project Approved.

Maine TSRP Impaired Driving Investigation and Prosecution Joint Training for Law Enforcement, Prosecutors, and Toxicologists.

This project is intended to support Maine’s Traffic Safety Resource Prosecutor training projects for Maine prosecutors and law enforcement. The project funding covers the following classes: (1) OUI Investigation Review; (2) Prosecutor and Toxicologist Guide to Effective Communication in Impaired Driving Cases; and (3) Cops in Court. Date time and locations of these classes will be announced in the fall.

· Allows the admission of tests from any qualified lab, including out of state labs.

· Clarifies the liability protection for anyone taking blood for evidentiary purposes.

Continued on page 6 New Laws

Working Overtime Details We all got into law enforcement for various but similar reasons. We want to save lives, keep people safe

and help our communities. When traffic enforcement detail is offered, some ask “What’s in it for me?”

There is no way to count the lives saved. You arrest an impaired driver or slow the speeders or convince

someone to buckle up then there is no way to know if their actions, uninterrupted by you, would have

killed someone. You must have faith that the traffic enforcement you do may well save a life down the line.

If you consider long term career aspirations to do traffic enforcement details, consider that bad people

drive. Traffic stops have solved burglaries, homicides and even a bombing arrest as well as gathering infor-

mation that lead directly to solving criminal cases. The Oklahoma City bomber, for example, was arrested

for a traffic violation while first responders were still heading into Oklahoma City. These newsletters often

cite cold traffic stops that lead to large drug arrests. You want to get into the MDEA? Start working traffic

and interdiction work. You want to solve burglaries? Increase your nighttime contacts.

If you need a more tangible reason to do traffic enforcement details/consider that if you work one detail

and save $100 in your 401K that earns 7% it will be worth $1433 in 10 years. Leave it in there for 20 years

that one detail worked/saved will be worth $4225. If you’re young enough and disciplined enough it will be

worth $9797 in 30 years. I will not get too deep into the math but if you work two or three details per

week (100 per year) that years accumulation will be about $143,300 in ten years. Save it for 30 years and

it’ll be almost a million dollars.

All are valid reasons to work details but I believe the combination of the three will give you the most

satisfaction. TJR

Maine Hands-Free Driving Law What is the new Hands-Free Driving Law? Starting September 19th, 2019, The new law under Title 29-A section 2121 prohibits you from holding any electronic device not part of the operating equip-ment of the motor vehicle, unless specifically exempt-ed. Can I place a phone call while driving? You can place a call while driving, but the phone can-not be held to your ear. Some alternatives are using a Bluetooth headset or having your device on speaker phone while affixed or mounted to the vehicle.

Can I text and drive? No. Texting while driving is illegal. You may use voice to text to send and listen to messages. If your phone doesn’t have that feature you must pull off the public way, find a safe place to park, compose the message, and send it.

What is the Penalty? Violations will be subject to no less than a $50 fine for the first offense and not less than $250 for a second or subsequent offense in a three-year period.

What about drivers under the age of 18? If a driver is under the age of 18, has an intermediate license, or a permit they may not operate a motor ve-hicle while using a phone or handheld device.

29A 2121 What if I want to use my GPS? GPS can be used while driving, as long as the address is entered piror to driving. If the address needs to be changed you must pull off the public way, find a safe place to park and then enter the new address. You can also use your phone’s voice command feature. What else should I know? • Your phone can be mounted if it doesn’t obstruct

your view of the roadway. • You are allowed a single touch of your phone to

activate or deactivate a feature or function. The phone must be affixed or mounted to the vehicle

• In cases of an emergency, drivers, except those operating on a permit, are permitted to call law enforcement or other emergency services person-nel.

Distraction Free Driving Begins with ME One Text or Call Could WRECK it All

Distracted driving enforcement grants will be availa-ble after October 1st. Start to gather your data now and apply through our office. Contact Nick Brown at Nicholas.brown@maine.gov

DRUG RECOGNITION EXPERT EVALUATION & CLASSIFICATION SCHOOL

DATE: DECEMBER 3-13, 2019 LOCATION: MCJA TIME: 8:00 - 5:00 APPLICATIONS CLOSE OCTOBER 15, 2019 CONTACT: JAMES LYMAN 877-8009

Personnel who may attend: Full time law enforcement officers that have been deemed proficient in SFST with a history of enforcing impaired driving laws and working for an agency committed to providing the logistic support necessary for the DRE to function at maximum effectiveness. Applicants will complete a multiphase process including supplemental application and oral board. Regional need will also be a consideration in choosing the final class.

Prerequisites: 1. A minimum of two years post academy experience (exemptions for OUI work history) 2. ARIDE course completion 3. Candidates must bring a laptop computer as manuals are in electronic format. 4. A completed supplemental application will be required from the applicant in order for the DRE Certification Board to prepare for their candidate interview. Class Limit: 15 Students

§ 2121. Use of mobile telephones and handheld electronic devices while operating mo-tor vehicles prohibited

1. Prohibition. A person may not operate a motor vehicle on a public way while using, manipu-

lating, talking into or otherwise interacting with a handheld electronic device or mobile telephone, includ-ing but not limited to the use of a handheld electronic device or mobile telephone while the vehicle is tem-porarily stationary because of traffic, a traffic light or a stop sign, unless:

A. The person, other than a person who is operating with a learner's permit issued pursuant to section 1304, is using a mobile telephone or handheld electronic device in order to communicate with law en-forcement or emergency services personnel under emergency circumstances. For the purposes of this paragraph, "emergency circumstances" means circumstances in which there is an immediate threat to the health or well-being of any person;

B. The person is using a mobile telephone or handheld electronic device in hands-free mode as per-mitted under subsection 2; or

C. The person is employed as a commercial driver or a school bus driver and is using a handheld elec-tronic device or mobile telephone within the scope of the person's employment as permitted under Federal Motor Carrier Safety Administration regulations.

A person who has pulled a motor vehicle to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone.

2. Hands-free mode. A person who has attained 18 years of age and is not operating with an

intermediate license issued pursuant to section 1311 or a learner's permit issued pursuant to section 1304 may use a mobile telephone or handheld electronic device while operating a motor vehicle if the mobile telephone or handheld electronic device is being used in hands-free mode.

The operator of a motor vehicle may use a hand to activate or deactivate a feature or function of a mobile telephone or handheld electronic device that is in hands-free mode and mounted or affixed to the vehicle in a location that does not interfere with the operator's view of the road if the feature or function activated re-quires only a single swipe, tap or push of the operator's finger.

Changes to Maine’s Child Safety Seats and Seat Belts

There have been many questions about the recent passage of Maine’s new car seat/seat belt law: (http://

www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0389&item=3&snum=129).

It is important to note this law was introduced to keep children safer on Maine’s roads. The most im-

portant point that needs to be stated is that all parents/caregivers need to use their current car seat until

the maximum height and weight limits allowed by the manufacturers have been reached. This point can-

not be stressed enough. Parents/caregivers need to understand that keeping a child in their current situa-

tion is always safer than “graduating” them to the next level seat.

A child should ride rear-facing until a minimum of 2 years old. If a child is heavier or taller than allowed

by their rear-facing or convertible car seat manufacturer guidelines, the child may then transition to a

forward-facing car seat with a 5-point harness.

The 55-pound weight limit is intended to be used as a guide. Most car seat manufacturers now make a 5-

point harness system that will hold a child weighing between 55-80 pounds. This is the industry trend.

While 55 pounds was written into law, the law also states child safety seats must be used in accordance

with the manufacturers’ instructions. If a child’s height is over the

seat’s height limit, then the seat cannot be used; the child may transi-

tion to a booster seat. Most belt positioning booster seats require

the child be to be a minimum of 3 or 4 years old before use without

a harness, regardless of weight or height.

This law is in effect September 19, 2019 Read More

ARIDE in Washington County For several years we have been trying to coordinate an ARIDE class in Washington County. I recently spoke with Sheriff Curtis and he has agreed to host the class this fall or winter. The date has yet to be set because we will try to accommodate as many agencies as possible to make this work. Please watch for the announcement of feel free to contact me directly with inquiries. thomas.j.reagan@maine.gov. TJR

From the 2017 IACP Drug Evaluation and Classification Report. Maine continues to offer SFST training to all cadets undergoing the Basic Law Enforcement Training Program (BLETP) at the Maine Criminal Justice Academy (MCJA). The Maine Bureau of Highway Safety continues its initiative to reimburse agencies that call out an off-duty DRE to perform a drug evaluation when no other DRE is available. Maine has completed the second year of Breath Testing Device (BTD) recertifications. Operators may complete an online training course followed by an instructor led practical. Approximately 80% of the 500 recertifications this year were completed using the online process and the program continues to grow in popularity. Maine has begun work with the same vendor (Justice Planning and Management Associates) to create an online SFST Refresher training course, which is expected to be operational in the Summer of 2018. In November 2016, Maine residents voted to legalize recreational use of marijuana. Maine has not yet estab-lished a process to regulate retail sales and social clubs. Maine has begun increasing the number of DRE schools and ARIDE classes in an effort to meet the expected increase in the number of drug-impaired drivers. Submitted by James A. Lyman, Maine Criminal Justice Academy, ME DRE State Coordinator Read more IACP

Continued from Page 2 TSRP

New Laws

An Act to Enhance the Ability of the State to Prosecute the Crime of Operating Under the Influence

Proposed by the Bureau of Highway Safety, enacted as Public Law 2019, Chapter 368, effective September 19, 2019. Among other things, this new statute:

· Authorizes the admission of blood tests based on samples taken in normal laboratory collection tubes.

· Remove the requirement of blood techs having to use only equipment (such as the needles and collection tubes) normally found only in DHHS-approved forensic blood kits.

New Cases

Mitchell v. Wisconsin __ U.S. __ (2019)

• At issue in the case was the warrantless blood draw of an unconscious man suspected of im-paired driving.

• The Court, relying on the exigency exception to the 4th Amendment, found that the delay creat-ed by circumstances attendant to an unconscious impaired driver and the unavailability of a breath test in that situation, justified the warrantless blood draw.

• Thus, it appears that under the 4th Amendment, warrantless blood draws are now considered an exigency exception when the impaired driver is unconscious.

• “For unconscious drivers, exigent circumstances almost always permit a blood test without a warrant.”

State v. Weddle, Pending

• Is 2522 constitutional? Retroactive application of PC v. The exigency of saving lives?

• This is a case still pending before the Maine Supreme Court. At issue is whether or not blood drawn pursuant to M.R.S. 29-A §2522 is admissible. The below article is a great read about the case.

• https://www.pressherald.com/2019/06/26/states-highest-court-considers-legality-of-roadside-blood-draw/

Complementary Police Driver Training

Class offered on September 17th, 2019 at Maine Municipal Association

Program will begin a 9:30AM with lunch provided. Space is limited register early!

Vehicle Operation Liability & Legal Concerns for Law Enforcement

In an effort to help protect the Law Enforcement Community, MMA Risk Management Services is excited to sponsor

Vehicle Operation Liability and Legal Concerns for Law Enforcement, presented by Scot Mattox, Esq. MMA claims

data has revealed that motor vehicle accidents account for 74% of all Law Enforcement claims. Over the past ten

(10) years, motor vehicle accidents for Law Enforcement has resulted in 128 tragic injuries and over $4,779,000 in

property damage.

Vehicle operations is one of the most dangerous activities that officers routinely perform. This class is designed to

increase all Law Enforcement Officers awareness and understating of the liability and legal concerns arising out of the

use of vehicles in police operations. This class will provide tools to help officers control exposures and understand

potential dangers. Topics covered includes:

• Safety, liability awareness, and legal concerns during routine patrol, emergency operation, and pursuits.

• Officer safety, liability awareness and legal concerns for checkpoints and roadblocks.

• National and State statistics on vehicle operation in law enforcement.

• Relevant national and state case law including: Norton v. Hall.

• Ministerial Activities v. Discretionary Functions and the Maine Tort Claims Act M.R.S. 14 Chapter 741.

• Understanding M.R.S. 17-A 203; 29-A 2054; and 25 Sec. 2806 as they relate to vehicle liability.

• Maine Chief’s Model Policy on: Routine and Emergency Vehicle Operation, Roadblocks, and Pursuits.

Maine Municipal Association is committed to providing participants in our Workers’ Compensation Fund and/or

Property & Casualty Pool the highest quality educational experience. Training is provided at no cost to you, as a val-

ue added service. For registration and/or questions, please contact us by phone at

1-800-590-5583, or e-mail: (rmslosscontrol@memun.org) www.memun.org

PARTNERSHIP | SERVICE | PERFORMANCE

Maine Department of

Public Safety

EMPLOYEE RECOGNITION

Compiled by Steve McCausland, Public In-

formation Officer September 26, 2019

For their ongoing work to keep

Maine roads safe, the Bureau of Highway Safety received a Teamwork Award. From L to R -

Dale Gilbert, Ann Johnston, Tom Reagan, Morgan Easler, Nick Brown, Jaime Pelotte, Jaime

Dionne & Lauren Stewart with the Commissioner. Missing was Scot Mattox.

AAA Public Affairs has partnered with the International Association of Chiefs of Police (IACP) to

create an older driver safety and mobility education toolkit for law enforcement officers.

The full quick-reference guide, Senior Drivers: Training, Tools and Resources for Law Enforce-ment, can be located here. Components include:

• Training opportunities that will aid law enforcement in their interactions with aging drivers;

• Resources and tools for law enforcement to identify medically at-risk drivers; and

• A one-page resource list for law enforcement officers to distribute to older drivers and their

families.

On Monday, August 20th IACP will promote the tool via e-newsletter to over 22,000 U.S.-based

members. Over 80 percent of IACP membership are command-level officers in state and local law

enforcement agencies.

AAA clubs are encouraged to share this new resource guide with local law enforcement partners for

their immediate use.

This partnership with IACP supports Imperative #3 (Leverage Brand) and Objective #4 (Be a leading

public advocate for transportation, traffic safety and mobility issues) of the 2021 Strategic Plan by

further positioning AAA as a leading resource for information, tools, and services regarding older

drivers and their continued mobility.

For more information about the guide, please contact Rhonda Shah. For more information about AAA’s partnership with IACP, please contact Jake Nelson.

New Older Driver Resource Guide for Law Enforcement

To get the current fatal crash data go to MeBHS. For crash research check out the crash query tool

Resister Here

mailto:trafficsafety@theiacp.org

An Indiana State Police trooper credited with making the largest “cold stop” highway seizure of cocaine in the United States for 2018 has been recognized for that Vigo County incident.

Trooper Yan Dravigne received the award this week during a national crime interdiction conference in Orlando, Florida.

The seizure by Dravigne involved 100 kilograms of cocaine found in a tractor-trailer at the West Terre Haute truck scales on Interstate 70 in October 2018.

Indiana State Police Trooper Honored For Large I-70 Drug Bust

Read Full Tribune-Star Article

An Act Regarding Liability for Taking a Blood Sample from an Operator of a Motor Vehicle Involved in a Fatal Crash This amendment makes grammatical changes to clarify the law providing immunity from liability for an act done or omitted in collecting or with-drawing specimens of blood at the request of a law enforcement officer and extends that immunity to an emergency medical services person, a law enforcement officer, an emergency medical service, and a law en-forcement agency. Already included in the law are a physician, physician assistant, registered nurse, other health care provided whose occupation-al license or training allows that person to draw blood, and hospital. Amends 29-A MRSA §2528 https://legislature.maine.gov/legis/bills/bills_129th/chapters/PUBLIC189.asp

Fourth Amendment – Warrantless Blood Draw – Exigent Circumstances

Were Two Warrantless Blood Draws after Three Failed Breath Tests Constitutional? The exigent circumstances justification for warrantless searches applies when there is a compelling need to conduct a search and insufficient time in which to secure a warrant. The State has the burden of proving, by a preponder-ance of the evidence, that exigent circumstances existed, and that the exigency was not one engineered by law en-forcement. At the time of his arrest for OUI, Christopher Martin was in possession of a large amount of money, which the ar-resting officer began counting in Martin’s presence. Martin regularly interrupted the counting process and repeated-ly requested that the officer count the money again in what the officer believed was an attempt to prolong the time it took to complete the count. An hour passed from the time of the arrest until arrival at the police station and three failed attempts to obtain a valid breath test. Martin belched during the first monitoring period, requiring the officer to restart the period. Martin belched during a second waiting period and complained of indigestion, although he had not exhibited any signs of digestive upset until that point. After Martin belched again during a third waiting period, the officer took Martin to a hospital for a blood draw. Martin was compliant and signed a consent form. Thereafter, upon arrival at the county jail, the officer learned that the blood draw was potentially contaminated. Back at the hospital, Martin remained compliant and signed a second consent form for a second blood draw. By this time, more than two hours had elapsed since Martin’s arrest. Charged with OUI, Martin moved to suppress the evidence from the second blood draw. The trial court denied the motion, concluding that exigent circumstances justified both war-rantless blood draws. A jury convicted Martin of OUI. He appealed, arguing that the trial court was wrong in finding that exigent circumstances justified the warrantless blood draws. Find the decision on page 16

DRE Penlights Informational Sheet

There are many penlights on the market, both incandescent and LED. With the changes in technology it is becoming more difficult to find an acceptable incandescent penlight for use in the DEC Program. Some DREs are looking at or accruing newly available LED penlights as replacements. This informational document was developed to assist DRE State Coordinators and individual DREs who are looking for new or replacement penlights to purchase which satisfactorily function for the DEC Program.

LED and Incandescent penlights are openly available for purchase in many stores and online. The following data is provided for reference purposes only, it is not an endorsement of any specific product.

The data was collected in the following manner: 1) each penlight’s illumination was photographed at a distance of 6 inches from the paper, directed at a 2-inch circle and was held in place in a vertical position; and 2) the illumination from each penlight was measured at a distance of 5 inches and 4 inches from a light meter, using an Extech EasyView light meter, on the Klux (i.e., lux times 1000) setting.

Dr. Karl Citek, a member of the IACP DRE Technical Advisory Panel (TAP) was consulted while conduct-ing this review of the various penlights. Without doing a full conversion to lumens, Dr. Citek specified that 2000 +/- 500 lux (or 2.0 +/- 0.5 Klux) is approximately 4 lumens +/- 1 lumen and is appropriate and suffi-cient for the direct light exam. This level ensures the light is sufficiently bright to cause pupil constriction, but not too bright that it cannot be viewed for the 15 seconds during the direct light observation.

One important issue is that the light output for the penlights, especially the LED penlights, can vary from one penlight to the next, even with the same manufacturer and model. Also, the distance the penlight is held from the eye can vary the amount of lumens directed into the eye.

The instructions for the direct light exam in the DEC Program are to hold the light source 4-6 inches away from the subject’s eye and to fill the eye socket with the light’s beam. This protocol should allow for suffi-cient light intensity, even with slight variations in the position of the penlight, when an acceptable penlight is used.

The penlight’s area of illumination also should be checked. There should be a uniformity in the light’s distribution with the light being close to equal brightness across the 2-inch diameter circle. There should be no obvious bright or darks spots. Some of the penlights tested show some unequal distribution of light even though it is difficult to capture minor irregularities in a simple photo.

The plan is to continue to expand this reference sheet. If you use another manufacturer and model of penlight in your DRE Program, we invite you to share that information. If you have a specific model or version you would like tested or reviewed, please advise and it can be included in the penlight’s data in the next revision.

Contact Jim Lyman at the MCJ A for a detailed list. 877-8009 James.a.lyman@maine.gov

DRE Urine Sample Disposal Valerie Leathers

In the past, it has been our practice to store tested urine samples longer than the minimum requirement of 6 months, which is currently listed on our certificate of drug analysis report. At this point in time we are run-ning out of refrigerator/freezer storage space for urine samples and will need to adhere to our current crite-ria of only storing the samples for 6 months, once they have been tested and a report has been issued. We will be destroying all tested urine samples where a report has been issued before 3/2018. If you know of any cases where you need us to retain the urine sample, and not destroy it, please let us know by Friday, September 13, 2019. Contact Valerie Leathers at Valerie.j.leathers@maine.gov

Notice to DRE Candidates The MeBHS and MCJA typically hold a DRE class around February of each year. This year, to accommodate field train-ing, we will be moving the class forward to December of 2019. If you are interested in attending or sending a DRE contact Jim Lyman for the details. James.A.Lyman@maine.gov or 877-8009. Application deadline is October 15. Agencies with impaired driving grants will be able to use that grant to accommodate the field training expenses. Con-tact Jaime Dionne at the MeBHS for details. Jamie.Dionne@maine.gov or 626-3845

Vehicle in Motion: the observations made while the vehicle is being operated by the suspect

and the observations of the stop.

Personal Contact: the observations (using three of the officer’s senses) made of the suspect

after the vehicle has been stopped to determine whether or not RAS exists to have the sus-

pect exit the vehicle.

Pre-Arrest Screening: the field sobriety testing phase.

Information gathered in the first and second phase typically help form the officer’s RAS to pull over

the car and have the suspect exit the vehicle for field sobriety testing. If field sobriety testing takes

place those observations are combined with those already gathered in the first two phases. From this

totality of the circumstances, officers make a probable cause determination whether or not to arrest.

The below link is to a You Tube video made for law enforcement training about these three detection

phases mentioned above. Other than an irrelevant 30-second discussion on the PBT, it’s a very well

written, comprehensive, and nicely produced encapsulation of the basics of an impaired driving inves-

tigation.

I highly recommend watching this video to any law enforcement or prosecutor who may be interested

in a review:

“The Prosecuting Attorneys Association of Michigan Traffic Safety Training Program collaborated

with the Michigan Office of Highway Safety Planning to create a training video for law enforcement

on the three Operating While Intoxicated (OWI) detection phases.

Every OWI investigation should be broken down into these phases: vehicle in motion; personal con-

tact; and pre-arrest screening. An officer’s probable cause decision to arrest a driver for OWI is ulti-

mately based on evidence gathered in each of these phases.

This 13-minute video goes over what evidence officers should be looking for in each of the detection

phases in an OWI investigation. The link to the video is listed below. Please share it with your road

officers and anyone else who would benefit from this resource.”

Scot Mattox, Esq.

Traffic Safety Resource Prosecutor

Maine Bureau of Highway Safety

Impaired Driving Investigation Consists of Three Phases

Watch Video

AVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT(A.R.I.D.E.) PROGRAM

Program Description:

The Maine Bureau of Highway Safety and the Maine Criminal Justice Academy are pleased to offer The Na-tional Highway Traffic Safety Administrations’ A.R.I.D.E. course. The course provides officers a better un-derstanding of the elements surrounding the enforcement of impaired driver laws. The course is designed to help officers become more proficient at detecting, apprehending, testing and prosecuting impaired drivers. The course includes elements of both the Standardized Field Sobriety Testing (SFST) and Drug Recognition Expert (DRE) curriculum. This course is not intended to certify you as a Drug Recognition Expert, alt-hough it is being considered as a prerequisite for future DRE candidates. Attendees must be proficient in the SFST battery with emphasis on HGN procedures.

The candidate who successfully completes the training will be able to recognize that an individual may be under the influence of a drug or drugs other than alcohol, or under the combined influence of alcohol and other drugs, or suffering from some injury or illness that produces signs similar to alcohol/drug impairment.

This course was not designed to be offered to new police recruits. This is an intermediate level course de-signed to offer more than a basic understanding of the impairing effects of drugs (Illicit and Licit), alcohol, and/or the combination of both.

Personnel who may attend:

All full time law enforcement officers actively enforcing impaired driving laws that work for a department that is committed to detecting and deterring impaired drivers.

Prerequisites:

Full Time Law Enforcement Officer

Must have completed the SFST program and been deemed proficient by the MCJA.

Must meet with an instructor prior to the beginning of the class and review your SFST skills at which time the instructor will sign a new proficiency exam sheet. The signed exam sheet is required on the first day of class. Students without the sheet will not participate.

Class Limit: 25 Students (MCJA In-Service Application required)

Date: November 7&8, 2019

Location: Dirigo Safety

225 First Flight Drive Auburn, Me

Time: 8:30 a.m. - 4:30 p.m.

Fee: Sponsored by the Maine Bureau of

Highway Safety at no cost to your agency.

Contact: MCJA 877-8000

According to NHTSA, a crash on a road with a speed limit of 65 mph or greater is more than twice as likely to result in a fatality than a crash on a road with a speed limit of 45 or 50 mph and nearly five times as likely as a crash on a road with a speed limit of 40 mph or below.

Nationally in 2015, 85 percent of all speeding-related traffic fatalities occurred on non-Interstate roadways

-- where the posted speed limits were 55 miles per hour or lower. Only 15 percent of the nation’s speed-ing-related fatalities occurred on Interstate highways that year.

Between midnight and 3 a.m., 68 percent of speeding drivers involved in fatal crashes had been drinking.

The Posted Speed Limit IS THE LAW. Obey the Sign or Pay the Fine. Social Media

Do Impaired Driving Enforcement Teams work? The State Police Impaired Driving Reduction Effort (SPIDRE) Team have made 79 OUI arrests, 1,813 traffic stops with 175 summons’ other than OUI through July 31st. These teams allow the best impaired driving hunters to work together and focus on the problem of Impaired driving. In 2020 We will be looking at inviting five counties to participate. Contact Tom Reagan for discussion. 480-0603 thomas.j.reagan@maine.gov

MeBHS Grant Managers

Impaired Driving— 626-3845 Jaime.Dionne@maine.gov

Click It or Ticket—626-3843 Morgan.E.Easler@maine.gov Distracted Driving—626-3844 Nicholas.Brown@maine.gov Speed—626-3844 Nicholas.Brown@maine.gov

Other Program Areas

Morgan- FARS, Maine Driving Dynamics and Motorcycle

Nick- Young and Teen Drivers, Mature Drivers, Ped/Bike, Media

2019 AAA Teen Driving Expo Last month AAA and the MeBHS hosted a teen expo at the Maine Mall in Portland. Great turn out with activities inside and outside. There were lots of giveaways and information on teen driving, in-cluding blind spots around trucks.

Thanks to all.

An Act to Enhance Highway Safety by Strengthening the So-called Move Over Law This amendment increases the minimum fine from $250 to $275 for passing a stationary authorized emergency vehicle using an emergency light or a stationary public service vehicle using its authorized lights and failing to pass in a lane that is not adjacent to the stationary vehi-cle or, if passing in a nonadjacent lane would be impossi-ble or unsafe, failing to pass at a careful and prudent speed. Amends 29-A MRSA §2054, sub-§9 https://legislature.maine.gov/legis/bills/bills_129th/chapters/PUBLIC254.asp

Enforcement Grants Numbers This highway safety data is as of 8/28/2019 and will change as we are still receiving and pro-cessing reimbursement requests.

CIOT Data

1,128 Seatbelt Citations were written under our federally funded grants.

SPEED Data

1,010 Speed Citations were written under our federally funded grants.

Impaired Driving (OUI Count Only)

116 OUI Citations were written under our feder-ally funded grants.

Distracted Driving

307 Distracted Driving cita-tions were written under our federally funded grants.

What a VIN search tool will show

An unrepaired vehicle affected by a vehicle safety

recall in the past 15 calendar years

Vehicle safety recalls from major automakers,

including motorcycle manufacturers.

Maine has over 100 police officers who have been trained to detect drug impaired drivers. They are called drug recognition experts (DRE) and several of them were recently honored for their work.

Trooper-Specialist Seth Allen—DRE of the Year for 2018 and the year's top producer with 32 evalua-tions. Waterville Officer Ryan Dinsmore 2018 top producer with 18 evaluations. Retired Rockland Sgt. Don Finnegan received Lifetime Achievement Award. Also honored was South Portland Detective Robert Libby, with a Lifetime Achievement Award.

From Blood Draws from Page 6

In its decision, the Maine Supreme Judicial Court noted that, ordinarily, a law enforcement officer must obtain a search warrant before taking a sample of a defendant’s blood. Otherwise, the search is unreasonable unless cov-ered by an exception, such as when the defendant consents or when there are exigent circumstances. Here, the court did not reach the issue of Martin’s consent because it concurred with the trial court that exigent circum-stances justified the warrantless blood draws. The exigent circumstances justification for warrantless searches applies when there is a compelling need to con-duct a search and insufficient time in which to secure a warrant. The State has the burden of proving, by a prepon-derance of the evidence, that exigent circumstances existed, and that the exigency was not one engineered by law enforcement. The U.S. Supreme Court has held that the natural metabolization of alcohol does not per se create exigent circumstances, but there may be instances in which this natural bodily process creates exigent circum-stances justifying a blood draw without a warrant. An example of just such an instance decided by the Maine court involved a malfunctioning Intoxilyzer.4 In that case, the court ruled that it was reasonable for an officer to become concerned that further delay caused by a malfunctioning Intoxilyzer would result in the loss of evidence due to the metabolization of the alcohol in the defendant’s body, and that the warrantless blood draw was justified by the exigent circumstances. Similarly, in this case, it was reasonable for the officer to be concerned that further delay would result in the loss of evidence. The officer was not responsible for the delays in obtaining the blood samples and, when the officer ended his attempts to secure a breath test, approximately an hour-and-a-half had passed from the time of the arrest. It was reasonable for the officer to be concerned that further delay would result in the loss of evidence. The exigency became more acute when, after the passage of even more time, the officer learned that the first blood draw may have been contaminated and that a second draw would be necessary. State v. Martin (October 23, 2018) https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2018/18me144.pdf

Maine State Police arrested four

people for alleged drug trafficking af-

ter a traffic stop on Interstate 295 in

Scarborough on Sunday.

Troopers seized 200 grams of co-

caine and 72 grams of fentanyl during the traffic stop, ac-

cording to the state police. Read more BDN

7 of the most common ways people die while in transit Using historic and publicly available data from several US federal agencies, including the Bureau of Trans-portation Statistics and the National Safety Council, we list the number of deaths that have occurred in various forms of transit in recent years. Guess where roadway safety comes in …..

Read more at Business Insider