MADD’s Court Monitoring Program enlists court monitors to observe and document what happens in the courtroom during impaired driving case proceedings. The program was created to ensure that impaired driving offenders are prosecuted and justice is achieved. Court monitoring is a tool proven to affect the adjudication process and is recognized by the National Highway Traffic Safety Administration (NHTSA) as an effective countermeasure to reduce impaired driving (1). Court monitors on the local scale can impact the handling of impaired driving cases by their mere presence in the court room.
The Louisiana Court Monitoring Program predominantly tracks misdemeanor DWI/DUI cases (first and second charges) in each of the parishes. Court monitors collect data from DWI/DUI cases in high - risk areas through online research, data collection from public records and by attending court. This data is then entered into the MADD National Court Monitoring Database for reporting purposes. Court monitors track misdemeanor impaired driving cases in the judicial courts of their respective parishes. Court monitors are often physically present for court settings and acquire cases information from courtroom observation and, when necessary, from researching online databases. The data is then entered into the MADD National Court Monitoring Database for reporting purposes. The information presented in this report is from cases monitored in 2021. Court monitoring is intended to enhance transparency and accountability within the criminal justice system and reduce the likelihood of repeat offenses. One way this goal is achieved is by sharing data and observations with law enforcement, judges, prosecutors, and the public to promote awareness of impaired driving and ensure accountability for all impaired driving offenders. To reduce future offenses, MADD® supports swift and unbiased treatment of all impaired driving cases.
Since 2011, MADD Louisiana’s Court Monitoring program has been monitoring parishes where impaired driving related fatalities are highest in the state. In 2021, the MADD Louisiana monitored 2,285 cases in the following parishes: Bossier, Caddo, East Baton Rouge, Lafayette, Livingston, Rapides and Tangipahoa.
Louisiana State Report (reporting period: 1/1/2021 – 12/31/2021)
Case Disposition DUI
Where disposition is known.
300
300
This report is designed to present observations and trends relative to the parishes monitored, and is not intended to be statistical analysis.
200
Pending Cases Monitored* | 1650 | 72% Adjudicated Cases Monitored | 635 | 28% Total Cases Monitored in 2021 | 2285 *pending cases are cases waiting for a judgement
100
84
76
67
50
32
8
3 2
4 2
1
0
*Deferred Prosecution includes a version of informal probation; and upon certain completion of terms, the charge may be expunged from the defendant’s record. **An amended disposition means the charge was either amended to a lesser charge (such as Reckless Driving) or amended to a higher charge (less common) ***Bound Over” means the court has found probable cause to charge the defendant with a felony. Once this is done, the case essentially starts over at the Circuit Court level and stays there through sentencing.
Disposition By Parish Where disposition is known by parish.
Guilty
Not Guilty
Deferred Prosecution
Dismissed
Failure to Prosecute
Amended to Misd.
Amended
Mistrial
Nolle Prosequi
No Contest
Bound Over
Unknown
125
100
75
50
25
0
Bossier
Caddo E. Baton Rouge Lafayette
Livingston
Rapides
Tangipahoa
Disposition Overall
Where disposition is known.
300
300
200
84
100
76
67
50
32
8
0
Guilty
Not Guilty Deferred Prosecution Dismissed
Amended Nolle Prosequi
No Contest
Guilty and no contest were the most frequent dispositions the MADD Louisiana Court Monitoring program saw in adjudicated cases. Our data shows us that the number of guilty verdicts has increased from the 2020 court monitoring year from 40 percent to 43 percent. This is a step in the right direction.
Average Age of Defendant
20 and Younger
Where age is known.
21-29
The highest percentage of cases that MADD Louisiana monitored were in the 30-39 age bracket. Second highest was 21-29 and then 40-49
30-39
40-49
50-59
60 and Older
0
200
400
600
800
12%
Gender Cases by
Pending Adjudicated
Where gender is known.
2,000
Additionally, most of the monitored DWI/DUI cases were male offenders accounting for 74 percent of the cases.
1,500
1,000
500
0
Male
Female
Key Findings & Observations
In 2021, the third highest disposition was Amended at 12%, meaning the charge of DWI/DUI was changed to a lesser charge. We most frequently see amended charges to reckless or careless driving. MADD Louisiana would like to see this number lower because with this verdict, the DWI will not go on the offender’s record. This is alarming for several reasons to include the offender’s understanding of the severity of the crime. Additionally, if they were to repeat, it would then be treated as a first offense. The penalties for the amended charges tend to be minimized as well.
Key Findings & Observations
Continued
that law enforcement is the most effective method to stop drunk and impaired driving instances. for support of high visibility law enforcement. for mobilization with community partners to increase awareness about the continuing devastating consequences of drunk and impaired driving. for cases to be heard on their merits and not dismissed prematurely, which prevents the use of ignition interlocks; and for compliance with statutory requirements, which stipulate to the installation of ignition interlock devices in all vehicles driven by offenders. Mothers Against Drunk Driving reiterates its position: 11% of the cases were dismissed. A DWI/DUI could have been dismissed for many reasons, but the majority of our observations showed this was due to completion of a local diversion program. The Pre-Trial Diversion program in Louisiana is offered by most District Attorney’s offices and City Prosecutor’s offices. After an offender enters a guilty plea, they enter a contract with the District Attorney or Prosecutor and must meet the requirements of the program. Some of these requirements include alcohol and drug education courses, random drug testing, attendance at a Victim Impact Panel, community service, ignition interlock device installed in their vehicle, and unsupervised probation for several months. Court fees and fines are also required to be paid by the offender. Upon successful completion of the program, the DWI / DUI charges are then dismissed. One alarming trend that MADD Louisiana found in Tangipahoa parish was charges for a DWI with a BAC between .15 and .19 were reduced to a BAC under .15 if the offender pled guilty. Sentencing guidelines for DWI charges with a BAC reading of .15 to .19 require jail time of a minimum of 48 hours. This cannot be suspended. When the charge is reduced, the offender serves no jail time.
IF YOU OR A LOVED ONE HAS BEEN AFFECTED BY DRUNK OR DRUG-IMPAIRED DRIVING, MADD IS HERE TO HELP. CALL OUR VICTIM/SURVIVOR 24-HOUR HELPLINE AT 877-MADD-HELP (877-623-3435).
(1) Richard, C. M., Magee, K., Bacon-Abdelmoteleb, P., & Brown, J. L. (2018, April). Countermeasures that work: A highway safety countermeasure guide for State Highway Safety Offices, Ninth edition (Report No. DOT HS 812 478). Washington, DC: National Highway Traffic Safety Administration.
Driving a vehicle while impaired is a dangerous crime, yet continues to happen across the United States. Each year, about 1 million individuals are arrested. What happens after those arrests depends on the criminal justice system. As a MADD court monitor, you can get the insider’s perspective on the judicial system while making a vital contribution to your local community. Your presence in court and the data you collect will help make sure our laws are upheld and the criminal justice system does what it is intended to do: Keep us safe. Court monitors achieve the work of MADD’s Court Monitoring Program by doing the following: Remind law enforcement that MADD wants to see their cases prosecuted to the fullest extend of the law
Track conviction rates and sanctions
Identify trends in offender age, gender, and blood alcohol concentration level
Track conviction rates and sanctions
Promote public awareness and understanding of the dangers of impaired driving
For more information about court monitoring efforts in your state, please visit madd.org/courts to learn more about the program and the availability to volunteer.
For more information about volunteering in Louisiana, please visit madd.org/Louisiana.
Louisiana State Office 2644 S. Sherwood Forest, Ste. 224 Baton Rouge, Louisiana 70816 la.state@madd.org
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