2021
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. 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 Offic- es, Ninth edition (Report No. DOT HS 812 478). Washington, DC: National Highway Traffic Safety Administration.
Each year, MADD staff members and volunteers across Nevada monitor a minimum of 1,000 DUI and DUI Drug cases. In the year 2020, MADD Nevada was able to follow 1,255 cases overall. Although the COVID-19 pandemic changed many facets of our daily lives, this report demonstrates that statistically, MADD Nevada observed similar trends in the total quantity of DUI and DUI Drug cases, demographics of DUI and DUI Drug offenders, and overall adjudication outcomes in comparison to the previous year. 722 cases were monitored through the full adjudication process leading to the findings in this report.
This report is designed to present observations and trends relative to the two counties monitored and is not intended to be a statistical analysis. Nevada State Report (reporting period: 1/1/2020 – 12/31/2020)
Pending Cases Monitored:
533 692
44%
Adjudicated Cases Monitored:
56%
1,225
Total Cases Monitored in 2020:
*Pending cases are cases waiting a judgement result.
Guilty
533
77%
Not Guilty
5
<1%
Deferred Prosecution
30
4%
Dismissed/ Failed- To Prosecute
42
6%
Amended
71
10%
Bound Over To Circuit Court
11
2%
Drug Related DUIs
Of the cases observed in 2020 across Nevada, 31% involved drugs other than alcohol. When the type of drug was known, marijuana was the most common followed by cocaine and opioids. MADD Nevada is commit- ted to continuing to monitor both alcohol and drug related DUI cases, follow them through the adjudication process, and use the information collected to study the long-term implications of drug use while behind the wheel.
31%
Alcohol Related
Drug Related
69%
DUI Levels
According to 2020 case data where BAC could be captured, 60% of the cases had BACs or blood alcohol content between .09 and .19 – up to twice the legal limit by law. This was followed by 31% of cases with BACs of .20 or higher and then 9% with BACs of .08 or lower. While this is just a snapshot of 255 cases, it is alarm- ing in that more than 90% of all alcohol-related impaired drivers tested either above the legal limit of .08 up to three times the legal limit while on the roads of Nevada.
9%
31%
.0 – .08
.09 – .19
.20 Or Higher
60%
Of the adjudicated cases that were monitored in Clark and Washoe Counties in 2020, 78% of these cases either pled or were found to be guilty of an impaired driving charge while 5% of those cases were dis- missed. Of those 40 dismissed cases, 37 or 93% were from Washoe County. Dispositions By County
NV Washoe
NV Clark
*An amended case typically means that the charge was revised to a lesser charge. There are occasions when a charge is amend- ed to a more serious offense.
Key Findings & Observations Nevada established its formal Court Monitoring program in 2019. MADD staff and volunteers have monitored 2,000 cases through funding from the Nevada Department of Public Safety. Court monitors attend court hearings when able in addition to collecting data from online data bases in order to acquire the general trends described in this report. MADD Nevada continues to monitor the adjudication process of DUI and DUI Drug cases in 2021 because of the funding provided by the Nevada DPS, as well as the efforts of MADD staff members and volunteers. It is MADD’s hope that these efforts will ultimately further MADD’s mission to end drunk driving, help fight drugged driving, serve the victims of these violent crimes, and prevent underage drinking in order to create a world of No More Victims®. o We are not there yet. In the most recent data from the Nevada Department of Transportation, 284 people were killed in alcohol related crashes and 71% of impaired driving serious injury and fatal crashes occurred in Clark County (2013-2017). o Nevada saw a total economic loss of over 36.2 million dollars due to alcohol related crashes. It is important to recognize that this report reflects only a small portion of all Nevada DUI and DUI Drug cases, their outcomes, and the individuals involved. The COVID-19 pandemic heavily impacted our world in 2020 and MADD Nevada understands that it may have had an impact on overall trends and is sympathetic towards those affected by the pandemic. MADD Nevada supports high visibility law enforcement. MADD encourages all officers to take part in the Drug Evaluation and Classification (DRE) program, which trains law enforcement personnel to identify drug impaired drivers. The legalization of recreational marijuana makes this even more of a critical tool for our law enforcement to have. Some research studies have indicated that the likelihood of DUI recidivism is reduced when an offender attends a Victim Impact Panel (VIP). Victim Impact Panels are principally designed to serve as a restorative justice component to the formal adjudication process which also educates impaired driving offenders about long-term effects of substance impaired driving. In 2020, MADD was forced to cancel many in-person VIPs but opened the Online Victim Impact Panel to all. The online option has allowed MADD to continue to provide education to offenders while the in-person panels were unavailable, which furthers MADD’s mission to end drunk driving. Visit MADDVIP.org for more information on the Victim Impact Panel and the Online Victim Impact Panel. WHAT CAN YOU DO? o Encourage more efficient and consistent prosecution of DUI and DUI Drug Cases throughout all Nevada courts. o Partner with MADD to address the needs and trends from this report in your community. o Makeacommitment tonever drinkanddriveor usedrugs andget behind thewheel. o Choose to never provide alcohol to those under the age of 21. 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).
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:
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.
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