MADD National Court Monitoring Report 2022

DEDICATION JUDITHHAENNI

MADD® dedicates this report to Judith, Michael and to all the victims and survivors of the 100% preventable crimes of drunk and drug-impaired driving.

Judith, 67 Years

Michael and Judith Haenni were about to begin a new phase of their life when the unexpected happened. On September 11, 2019, in St. Charles, Missouri, Judith was crossing a street on a marked crosswalk when she was struck and killed by an impaired driver. Judith had recently retired as a nurse and celebrated her 67th birthday just two weeks before. As devoted parents they focused the early years of their marriage on raising their two children and seeing them through college. Once their kids had finished college they had begun planning and saving for retirement and the next 40 years together. They loved to watch movies together and were avid walkers with their two dogs (who were with them at the time of the crash). They have always been animal lovers. While Michael did not want to get two dogs later in life, Judith's wishes won out. Sadly now Mr. Haenni spends his days walking the dogs by himself.

One person, and one decision stole Judith’s life from her. One person, and one decision took Michael’s wife, best friend and partner from him, as well as their hopes, dreams and future.

Mr. Haenni came to MADD in May of 2021 asking for help with his grief. MADD assisted him throughout the criminal justice process and remains a support. While Michael remains physically and emotionally impacted by the loss of his wife, he stays active and focused by raising awareness about the dangers of impaired driving in his local community and volunteering with MADD St. Louis.

“MADD has provided support and some peace by letting me know that there are others who have experienced loss,” he shares. Michael continues to volunteer throughout his community spending time in the court rooms in numerous counties, speaking at Victim Impact Panels, educating parents about the dangers of underage drinking, attending hearings to support other families who have been impacted by an impaired driver and supporting the ongoing work of MADD St. Louis. Mothers Against Drunk Driving honors and remembers the life of Judith Haenni, Mr. Haenni's beloved wife. We humbly thank Mr. Haenni for his support and dedication to our mission, of those who have been impacted by an impaired driver and to helping to create a future of NO MORE VICTIMS.

Michael Haenni dedicates 10-15 hours a week volunteering in honor and memory of his wife.

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).

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.

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.

Currently, MADD’s Court Monitoring Program is active in some jurisdictions within 14 states. As of January 2021, those states include:

• Arizona • Colorado • Connecticut

• Louisiana • Missouri • Nebraska • New Mexico • Nevada

• North Carolina • South Carolina • Tennessee • Virginia

• Idaho • Illinois

In 2021, a team comprised of more than 120 staff and volunteer court monitors observed roughly 33,000 impaired driving cases. These 33,000 cases represented more than 12 states and roughly 130 U.S. counties, for an average 275 cases per MADD court monitor. The charts represented in this report reflect general observations from the 2021 MADD Court Monitoring Program data as of February 2022 in 12 states (Nebraska & Colorado have active court monitoring programs, but due to reporting cycles, are not included within the 2021 data set featured within this report). This report is designed to present observations and trends relative to the jurisdictions monitored and is not intended to be a statistical analysis. National Report (reporting period: 1/1/2021 – 12/31/2021)

Number of Cases Monitored

Case Status

Pending Outcome

15,128

Adjudicated

17,973

For The First Time Since 2008, More Than 11,000 People Were Killed in Alcohol-Related Crashes.

Key Findings & Observations Impaired Driving continues to remain the #1 cause of death on our roadways. In 2020 alone, 11,654 lives were lost due to alcohol related impaired driving, which was 30% of all traffic related deaths in on U.S. roadways[2]. MADD’s court monitoring program aims to enhance transparency and accountability for this violent crime so that future offenses can be reduced, and more lives can be saved. According to recent data by the National Highway Traffic Safety Administration (NHTSA), alcohol-related deaths spiked 14% from 2019 to 2020 while vehicle miles traveled decreased by 11%. This report not only shows alarming trends and data, but also aims to educate the public on the current reality of impaired driving cases within the criminal justice system. MADD will continue to monitor courts across the nation and bring awareness to the adjudication of impaired driving cases.

Case Dispositions Impaired Driving Average

Data reported where disposition is known.

Bound Over to Circuit Court 1.0%

Nolle Prosequi 5.2%

Amended to Misdemeanor 0.1%

Dismissed/FTP/Mistrial 13.5%

Deferred Prosecution 9.6%

Guilty 58.3%

Not Guilty 1%

Based on cases monitored in 2021, 58.3% of cases adjudicated were pronounced guilty (review of 2020 cases shows a decrease in guilty verdicts in 2021). Of cases monitored, 18.7% of adjudicated cases were dismissed (including dismissals by the prosecution known as Nolle Prosequi). Dismissals can occur for many reasons, such as delayed hearings, lack of discovery, an officer failing to appear in court or at a hearing, or completion of a deferred program. Deferred prosecution includes a version of informal probation; and upon certain completion of terms, the charge may be expunged from the defendant’s record. MADD monitors dismissals closely and reports findings to local judicial members to address any concerns. MADD aims to promote accountability and believes a guilty charge, rather than an amended charge or deferred prosecution, is the best course of action for the violent and dangerous crime of impaired driving.

Age Gender &

70 and up 1%

Under 20 4%

60-69 5%

Data reported where gender and age are known.

50-59 12%

Female 27%

21-29 31%

40-49 18%

Male 73%

30-39 29%

Of the cases monitored in 2021, MADD observed that the majority of impaired driving cases involved male defendants between the ages of 21 and 29 (31%); followed by ages 30-39 (29%). 73% of all cases observed involved male defendants. Based on cases monitored, this information indicates that the male population between the ages of 21-39 are consistently responsible for impaired driving (32% of cases overall when compared to both gender and age). Additionally, 4% of the cases observed involved individuals under the age of 21. As part of our lifesaving mission, MADD knows that by preventing underage drinking today, we can end drunk driving tomorrow. Research shows that kids who start drinking young are seven times more likely to be in an alcohol-related crash [3]. In addition, studies have shown that teens who do NOT drink alcohol until they are 21 are 85% less likely to become a drunk driver later in life than those who drink before age 14 [4]. This is why our hopes for a safer future are riding on tomorrow’s drivers. By getting today’s youth off to a good start, we are taking a giant step toward fulfilling our vision of a nation without substance impaired driving. To learn more about MADD’s underage drinking prevention programs visit https://www.madd.org/the-solution/teen-drinking-prevention.

Defendant Charge Impaired Driving Average Data reported where charge is known.

4th Offense 3%

3rd Offense 7%

Based on cases monitored in 2021, roughly 22% of those arrested on an impaired driving charge had been convicted of a previous offense. MADD supports the usage of ignition interlock devices on all convicted drunk drivers. Studies have shown that interlocks reduce recidivism [5]. Just think, if 1 million individuals are arrested each year for impaired driving, then roughly 220,000 of those arrests come from repeat offenders. Ignition Interlocks not only prevent future offenses but save lives by requiring a clean breath sample before allowing a car to start.

2nd Offense 12%

1st Offence 78%

Blood Alcohol Concentration refers to the percentage of alcohol in a person's blood stream. In most US states, a person is legally intoxicated if they have a BAC of .08 or higher (a few states have a legal intoxication law of .05). Those below a .08 BAC may include individuals under the age of 21, those in a state with .05 BAC or those involved in a poly-substance case (drugged impaired driving). In review of the 2018 fatality crash data, the most recent data with a BAC breakdown, 67% of crashes involved at least one driver with a BAC of .15 or higher [6]. Drivers with a BAC of .08 are approximately 4 times more likely to crash than drivers with a BAC of zero; while those at .15 are 12 times more likely to crash [7]. Based on cases monitored in 2021, 48% of defendants had a BAC of .15 or higher. (BAC) Blood Alcohol Content Data reported where BAC is known.

.26 or higher 4%

Below .08 7%

.20-.25 18%

.08-.14 45%

.15-.19 26%

Drugged Driving & Other Dangerous Concerns

Beginning March 2020, the rapid spread of the COVID-19 pandemic caused major disruptions around the nation and posed numerous challenges to everyday business operations. Mothers Against Drunk Driving was no exception to the sudden onset of the COVID-19 crisis. MADD court monitors continued to monitor impaired driving cases to the best of their ability. Due to court and proceeding closures and delays, many court monitors compiled data based off online court sources and virtual hearings. Due to closures and backlog, many case hearings have continued to be delayed. For additional reports or localized data for your state, please visit madd.org/courts. Covid-19's Impact to the Court Monitoring Program In addition to an increase in alcohol-related crash fatalities, speeding and seat belt non-use fatalities also increased. In 2020, there were 1,638 passenger vehicle drivers involved in deadly crashes who were not wearing a seatbelt, alcohol-impaired, and speeding [9]. This alarming statistic represents a 21% increase compared to 2019. Overall, 45% of crashes involved at least one of three behaviors (lack of seatbelt usage, alcohol-impaired, and/or speeding). Alcohol-related crashes are not the only danger on the roads. There is no doubt that drugged driving — meaning drugs other than alcohol — is a serious problem. NHTSA’s Drug and Alcohol Crash Risk Study found that marijuana users are more likely to be involved in crashes. Thomas et al. (2020) showed that alcohol, cannabinoid, and opioid prevalence increased among all drivers of motor vehicles during the second quarter of 2020 compared to the months prior to the COVID-19 pandemic [8]. To conclude, Drugged driving is a danger to everyone on the road. For more information on the MADD’s mission component to prevent drugged driving, please visit madd.org/the-solution/drugged-driving- prevention.

THANK YOU A SPECIAL

MADD would like to thank our amazing court monitoring volunteers. Throughout 2021, these volunteer court monitors spent hundreds of hours in court (physically and virtually), reviewing case data and educating the public. Their participation, commitment to their community and passion to make a difference are why they play a vital role in helping to achieve our mission. We would also like to acknowledge prosecutors, judges and likeminded advocates for their compassion and commitment to victims of impaired driving. Your dedication to pursue the fullest prosecution of each case will prevent future offenses and save lives. MADD must also provide a resounding thank you to law enforcement. Each time law enforcement removes an impaired driver from the road, countless lives are saved. Thank you for your dedication, bravery and hard work to keep our nation’s roadways safe through the enforcement and prevention of underage drinking and substance impaired driving. Lastly, we would like to express our gratitude to our legislative advocates and champions from across the nation. We appreciate your unwavering commitment to pass lifesaving legislation on the state and federal levels. Truly your work has helped to prevent countless tragedies. To learn more about MADD’s current legislative priorities visit madd.org/HALTAct.

Citations / References

[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. [2] Stewart, T. (2022, March). Overview of motor vehicle crashes in 2020 (Report No. DOT HS 813 266). National Highway Traffic Safety Administration. [3] Hingson, Ralph, et al. “Age of Drinking Onset, Driving After Drinking, and Involvement in Alcohol-Related Motor Vehicle Crashes.” DOT HS 809 188. Washington, DC: National Highway Traffic Safety Administration, January 2001. [4] Grant, B.F., and Dawson, D.A. Age at onset of drug use and its association with DSM–IV drug abuse and dependence: Results from the National Longitudinal Alcohol Epidemiologic Survey. Journal of Substance Abuse 10:163–173, 1998 [5] Mothers Against Drunk Driving®. (2013, July). Ignition interlock institutes: Promoting the use of interlocks and improvements to interlock programs. (Report No. DOT HS 811 815). Washington, DC: National Highway Traffic Safety Administration [6] National Center for Statistics and Analysis. (2020, December). Overview of motor vehicle crashes in 2019. (Traffic Safety Facts Research Note. Report No. DOT HS 813 060). National Highway Traffic Safety Administration [7] NHTSA. (2012, April). Traffic Safety Facts, 2010 Data: Alcohol Impaired Driving. (Report No. DOT HS 811 606). Washington, DC: National Highway Traffic Safety Administration. Available at www-nrd.nhtsa.dot.gov/Pubs/811606.pdf. [8] Thomas, F. D., Berning, A., Darrah, J., Graham, L., Blomberg, R., Griggs, C., Crandall, M., Schulman, C., Kozar, R., Neavyn, M., Cunningham, K., Ehsani, J., Fell, J., Whitehill, J., Babu, K., Lai, J., & Rayner, M. (2020, October). Drug and alcohol prevalence in seriously and fatally injured road users before and during the COVID-19 public health emergency (Report No. DOT HS 813 018). National Highway Traffic Safety Administration. [9] Stewart, T. (2022, March). Overview of motor vehicle crashes in 2020 (Report No. DOT HS 813 266). 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

Create public outcry when weaknesses go unaddressed

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.

Click here to learn more about volunteering!

Click here to donate to MADD's lifesaving mission!

Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8

Made with FlippingBook - Online catalogs