President’s Prespective: DUI Stats Misleading

The recent good news that deaths caused by drunk drivers have declined should be tempered by the fact that NHTSA (the National Highway Traffic Safety Association) failed to use the statistics on impaired drivers who had a BAC under .08. Hundreds of Americans are injured or killed by drivers in this catagory which NHTSA chose not to include in their annual report.

The fact is a driver is very impaired at .04 BAC and should be included in the official data presented by NHTSA to the general public. According former Surgen General Kopp, who recommended that the entry level for DWI should be .04, you begin to lose your peripheral vision at .04 and he suggests that the Congress should reduce the DWI threshold from .08 to .04. Concerned citizens can contact NHTSA (202-366-4000) and demand that the total content of impaired drivers causing death should be included in their reporting.

Texas Judges inclined not to send repeat DWI offenders to jail

This article was written by NBC Channel 4 WOAI Investigative Report Brian Collister on August 2, 2012.

 

SAN ANTONIO – Lisa Smith choked back tears after jurors last month sentenced the drunk driver who killed her daughter Erica in 2007 to two years in prison.

“No, I do not certainly believe that it was enough time,” Smith said. “I hope someday I will find forgiveness in my heart but it is very difficult.”

The trial of 32-year-old Jenny Ybarra was what most people expect from a high-profile drunk driving case resulting in death – intense media coverage and a dramatic trial capped by a jail sentence handed down by 12 jurors. But that’s not how the overwhelming majority of felony drunk-driving cases are handled in Bexar Country courts.

Most felony DWI defendants have not killed anyone and rarely get prison time. In Bexar County, the majority of those charged with DWI for the third time or more are still most likely to again be placed on probation, despite having been put on community supervision for prior DWI convictions.

An analysis of three years worth of court records obtained from the Bexar County District Clerk reveals 52 percent of felony DWI offenders across all Bexar County District Courts get probation in cases where the sentence is decided by a judge.

Court Judge Probation Sentence % Total Cases
144th Catherine Torres-Stahl* 60% 40% 139
175th Mary Roman 42% 58% 137
186th Maria Teresa “Tessa” Herr 63% 37% 162
187th Raymond Angelini 60% 40% 141
226th Sid Harle 44% 56% 156
227th Philip Kazen 53% 47% 133
290th Sharon McRae* 47% 53% 147
379th Ron Rangel 59% 41% 145
399th Juanita Vasquez-Gardner 42% 58% 142
437th Lori Valenzuela** 39% 61% 46
ALL COURTS 52% 48%
This   data is reflective of District Court felonies in Bexar County for the offense   classified as DWI 3rd (meaning 3rd or more) from January 1, 2008 through   December 31, 2010
Source   of the raw data is the Bexar County District Clerk. The percentages   represent cases where a judgment was entered by the court.
* No longer   in office
**   Appointed 12/15/09
“I’m surprised to see this number. It’s disappointing to see that more people are getting probation versus being sentenced to the fullest extent of the law,” says Jennifer Northway, executive director of Mothers Against Drunk Driving-South Texas. “Because at this point it’s been moved up to the district court, and it should be considered a very serious, egregious problem that needs to be nipped in the bud.”First and second DWI misdemeanors are handled in County courts. A third DWI charge becomes a felony taken up in District courts.“I sent most of them to prison,” says District Attorney Susan Reed, a former judge, referring to convicted drunk drivers in her court. “There still has got to be a consequence. That’s what we try to insure when we look at recommendations we make.”The court data also gives a glimpse into how each District judge handles these types of cases, including which jurists hand out the most prison time. The toughest on third-time offenders are Mary Roman in the 175th District Court and Juanita Vasquez-Gardner in the 399th, with both sending 58 percent to prison.Maria Teresa “Tessa” Herr in the 186th hands down the least amount of prison time for DWI convictions, putting only 37 percent of felony offenders in her court behind bars. The judge with the second lowest rate is Raymond Angelini in the 187th, who sends 40 percent of DWI convicts in his court to jail.

“I would like to know a little bit more, especially for those courts where we do see that there is over a 50-percent probation rate,” Northway says. “I would really like to know what’s going in the 144th, 187th, and 186th.

Defense attorney Nico LaHood, who represents defendants in drunk-driving cases, isn’t surprised by the variances in sentencing. “There is no cookie cutter way to handle a DWI third,” he says.

LaHood points out third-time DWI offenses come with the possibility of two to 10 years in prison, or as much as 10 years of probation, as well as a fine of up to $10,000.

“That’s a big range of what can happen. So what they’re telling us is that not every situation is the same,” he says. “There’s so much more to this story than just saying judges are too easy, or this should be different, because it’s not a black and white answer.”

District judges contacted for this story did not respond to requests for comment. But a judge who asked not to be identified because he still presides over DWI cases explained how sentences in DWI cases are usually decided.

“One of the things you look at is, when did the first two convictions occur? That’s the first thing you look at,” the judge says. “Was he on probation when he committed the third offense? Was it 10 years ago or 15 years ago?”

The judge explains he’s more likely to hand down prison time to those who’ve gotten caught driving under the influence again not long after their second conviction.

“Those guys make me nervous,” he says. “I would be less inclined to grant probation on somebody like that, unless the state is recommending it because there is some underlying problem with the case, or unless there is some really compelling arguments on why you’d want to do that – because they are the most dangerous. They are getting [convictions] back to back, and there’s no intervention or no stopping it.”

Every drunk-driving defendant who lands in District court goes through an intense evaluation conducted by Bexar County probation department to determine if there is an alternative to incarceration. For those deemed not to be a threat to society, the recommendations usually include ignition interlocks and alcohol treatment, and they are required to wear ankle bracelets that detect alcohol if they drink.

“They’re nonviolent offenders and we have ways to control them on the outside,” says Sheri Simonelli, president of the Bexar County Probation Officers Association.

That’s the approach favored by Jamie Balagia, a defense attorney known as “The DWI Dude.”

“We are creating criminals, and we don’t have to,” Balagia says. “As a taxpayer, I don’t want to pay $60,000 a year to keep [someone] who would otherwise be a productive citizen locked up when we could have him out here paying taxes and working.”

Reed has a virtual zero-tolerance policy on drunk driving. But in an effort to clear misdemeanor DWI cases clogging dockets in County courts, she established an alternative offense in 2008 called “obstruction of a highway – intoxication” for first-time offenders. That charge comes with rigorous conditions of probation. But Reed believes repeat offenders – whom she has targeted with mandatory blood draws in cases where they refuse a sobriety test – should do time.

“I think it is necessary when you have repeat offenses to increase punishment as you go,” said Reed. Asked if that meant prison time for third-time offenders, she replied: “I think it should.”

Although the current statistics are alarming to some, the number of cases in which defendants only get probation has dropped over the last decade. A similar analysis I conducted back in 2002 revealed 58 percent of felony DWI convicts at the time got probation – 6 percentage points higher than we find today.

Defense lawyer Shawn Brown thinks he knows what’s caused the decline in in cases where a judge gives probation.

“The numbers are coming down in Bexar County, and I think a lot of it is the media telling stories of accidents,” Brown says. “People are upset about it and the courts are feeling pressure.”

But as with most discussions of prison sentencing in Texas, the issue ultimately comes down to availability of prison space. “We’re seeing judges take into consideration the jail overcrowding issue, and trying to figure out what they can do to still put some sanctions in place but not have to ‘burden’ the jails,” Northway says.

But it’s the certainty of time behind bars that MADD believes would make many drunk drivers think twice.

“So people are being able to skirt around [prison sentences], because of time served or what have you,” Northway says. “But at the end of the day it’s still not enacting a strict sanction, which is ultimately what is going to change people’s behavior.”

NFL Commissioner drops the Ball on DWI

NFL commisioner Roger Goodell has earned respect around the league as a no-nonsense, law and order type guy. Upon his arrival to the position, he immediately established himself as the new sheriff  in town by taking action against Michael Vick for brutalizing dogs  and suspending Vick for a long time. He dished out harsh punishments for NFL players who violated the personal conduct clause in their contract.

However, apparently there is no penalty for NFL players who engaged in the crime of DWI. Even though, there is a clause that reads: “Conduct that imposes inherent danger to the safety and well being of another person.” as a violation of the policy. During the 2008 NFL season, Goodell permitted New York Giant Offensive Tackle Kareem McKenzie to play in a NFL game immediately following his arrest for DWI. There was no penalty at all for McKenzie. Goodell has a lot on his plate, however he needs to be educated about the enormous problem DWI is in this country and a large part of that problem is that the public still doesn’t treat DWI as a criminal matter, but more like a traffic ticket. Goodell’s lack of interest and action in this area prepeptuates the public’s apathy toward DWI.

There are NFL players  who have killed innocent people while committing the crime of DWI and they are currently playing football. Goodell’s brand of justice reflects thinking that an NFL player caught with a little bit of marijuana is a much more serious offense than a player who engages in drunk driving. A player with a second offense for marijuana is automatically dealt a four game suspension that could cost the player millions of dollars.

With the recent DWI arrest of the Detriot Lion’s Nick Fairley, Goodell has another opportunity to right the ship. I urge all those who care about the passive nature in which we as a society treat this plague, to contact Goodell’s office and ask him to explain his lenient attitude toward this criminal offense that is responsible for thousands of deaths every year. You can reach him at this number: (212) 450-2000

 

15 Apps Redefine College Drinking

15 iPhone Apps Redefining College Drinking

Posted on Tuesday May 1, 2012                        by When someone figures out how to make an iPhone dispense Bud Light, civilization as we know it will pretty much be over. Until then, there are a number of new apps hitting the market that stand to redefine the way we think of drinking in college and elsewhere. Many developers have created programs that can take away many of the risks commonly associated with college-age drinkers, while others have focused on making the experience more interactive or easier on the wallet. Here are 15 apps changing the drinking game.

  1. drinklobby

    With drinklobby, you never have to drink alone again. Creator Cesar Guinovart designed the app so that people could drink and interact with other fans of similar drinks via social media. Drinklobby lets you photograph and keep track of what you’ve been drinking, share that info with friends, and even receive trophies for unlocking certain drink combos.

  2. Red Cup

    The eponymous beer container of choice for college students becomes a free app, courtesy of some University of Alabama students. Students in the Tuscaloosa area are able to check which local bar has boasted the cheapest beer or shots in the last 60 minutes. And they even made it free.

  3. SecuraFone

    For parents who are concerned about their kids going off to college and drinking and driving, SecuraFone may provide some peace of mind. The app has the ability to track when a user goes over the speed limit, as well as monitor where they are at all times. It can also notify a third party when the user leaves a certain area, say, a frat house.

  4. DrunkGuard

    This app is made available for free by professional breathalyzer company Lifeloc Technologies. An “all-in-one” BAC app, DrunkGuard gives users a sober-up timer, helps prevent drunk dialing and texting, calculates how much a user can expect to drink safely, and dials a cab service automatically. Users say the app is the next best thing to actually bringing a breathalyzer with them.

  5. Show Me My Buzz

    Odds are, if you have to check an app to see if you’re too drunk to drive, you probably are. That’s the beauty of BAC calculator app Show Me My Buzz. Input your weight, how long you’ve been drinking, and how many drinks of beer, wine, and liquor you’ve had, and the app spits out your estimated alcohol level. The catch is it will recommend you call a cab, every time.

  6. StreetSafe

    Though there’s a monthly fee involved, StreetSafe is another app that could take much of the danger out of walking home intoxicated from a college party. Activating the app connects the user with a live security advisor who will keep the user awake and calm and guide them home safely, or notify emergency personnel if necessary. It even has a silent alarm the user can trigger to dial 911 surreptitiously.

  7. Get Me Home Pro

    The guys behind the Red Cup app figured they should create something to help drunk students get home. The result was Get Me Home, a $1.99 download that lets users bookmark a location like their apartment with one click and helps them call a cab. When they want to head home, a green arrow points them in the right direction, turning red if they get off course.

  8. Untappd

    Do you consider yourself a beer connoisseur? Then you’ll want to download this free app to connect with your friends and other beer lovers around you. You can see what beers other people are drinking and what they have to say about them, as well as upload your own pics and thoughts about what you’re imbibing at the moment.

  9. Social Drinking 101

    You won’t find this one on the syllabus; you’ll need to head to iTunes for this beginner’s course in college drinking games, from cards to quarters. In case you are wondering, all the games have been “extensively tested” in real-world social situations and have been given the thumbs-up from participants. Of course, it goes without saying, but we’ll say it anyway: Please drink responsibly.

  10. Webroot Sobriety Test

    Hopefully you know employers look at job applicants’ Facebook pages, which means you’ll want to keep incriminating photos of a drunk you off the Internet. Internet security company Webroot designed this app specifically “to prevent the loss of clothing, dignity, job, marriage or friends.” Although not technically a real sobriety test, it might remind you to drink responsibly at your next college party.

  11. Mixologist

    If you’re a college senior, and you’re ready to put your days of shotgunning PBR behind you and raise your drinking to a new level of sophistication, try Mixologist. With nearly 8,000 searchable drink recipes, you can start learning now how to throw a party for your coworkers and mix anything anyone asks for.

  12. iPint

    This app is the next best thing to getting beer to come out of your iPhone. Now you can enjoy a nice iBeer while sitting in class, courtesy of Carling Lager, a British beer maker. The lifelike ale on your screen tilts, pours, and splashes like the real thing, and disappears when you “drink” it. Have as many of these as you like; they’re free, and there’s no hangover.

  13. Last Call

    Last Call is another free blood alcohol calculator, with the ability to view how much you’ve drunk on previous nights. Although it does not have the functionality to track multiple users, it does come with a directory of taxi services and even DUI lawyers in your area, which will hopefully not be necessary.

  14. circleof6

    This app is a great tool for staying safe in college if you’ve been drinking. Harnessing the power of social connectedness, the app sets up six of your friends as contacts you can easily notify to come get you, say if you’re drunk and can’t drive. The app uses GPS to send your friends your location and guide them to you, even if you are incapacitated or otherwise unaware of where you are.

  15. Stop Drinking with Andrew Johnson

    The name is kind of misleading. This app is not trying to get you to stop drinking with some guy named Andrew, it’s designed to get you to stop drinking period. If you feel your college drinking is getting out of hand, the app can motivate you to stop or cut back with motivational audio suggestions.

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Judge Hands out Justice by Humiliation

Drunk Driver Sentenced to Humiliation

Updated: Friday, 20 Apr 2012, 9:56 PM CDT
Published :  Friday, 20 Apr 2012, 7:38 PM CDT

A judge in Houston sentenced a convicted drunk driver to humiliation. The  drunk driver killed another man when he crashed into his car. Now the whole city  will know what happened.

In June of 2011, 20 year old Aaron Pennywell was killed when he was struck by  38-year-old Michael Giacona.

Saturday, Giacona will re-visit the scene, but not because he wants to.

Harris County Judge Mike Fields has ordered him to spend the next four  Saturdays out there from 9 a.m. to 5 p.m. while wearing a sign that says he  killed Pennywell.

“Maybe we should try shaming people more often,” said retired Travis County  Judge Jon Wisser.

Retired Travis County Judge Jon Wisser says he’s never done something this  unique, but he’s not against it.

“The law permits a judge to use any reasonable means of punishment,” Wisser  said. “The old days we had stocks put people in a public square. We put their  arms and hands through things tried to shame them and humiliate them. This is a  throw back to that. Maybe we ought to try and humiliate and shame defendants and  maybe that will prevent them from doing that again.”

Not everyone thinks wearing a sign is appropriate even if a death is  involved.

“I think it’s a little barbaric. I feel like I’m re-reading the Scarlett  letter. I don’t think it’s fair,” said Austinite Keana Culjak-Reif.

“There’s no comfort, that can’t be fixed. What can be fixed is what the judge  is trying to do help other people from using their sons, daughters, brothers,  sisters, fathers,” said Austinite Glenn Gadbois.

Although this wasn’t the victim’s family’s idea, according to the local  Mothers Against Drunk Driving chapter they are pleased.

“The mother said she loved the idea because it makes this person, maybe it  will help them think twice before they get behind the wheel because it’s my  understanding it was this man’s second DWI,” said John McNamee, MADD Southeast  Texas Affiliate Executive Director.

Just in case Giacona forgets what  he did during the week, Judge Mike Fields is also forcing him to keep a picture  of the victim’s wrecked car in his living room.

“Harris County leads the nation in drunk driving fatalities and if this  brings more awareness to people in the community when they see a person wearing  a placard, they realize the cost of drunk driving and gets them to change their  behavior, then we would fully support that because something needs to change in  Harris County,” said McNamee.

According to the judge, a probation officer will be going out to the crash  site to make sure Giacona is doing what he should. A probation officer will also  be doing random home visits to look for the wrecked car picture.

Giacona also been sentenced to two years and must attend Alcoholics Anonymous  meetings.

Read more: http://www.myfoxaustin.com/dpp/news/Drunk-Driver-Sentenced-to-Humiliation20120420-ktbcw-#ixzz1ssARjT2o

10 Troubling Facts on College Drinking Deaths

10 Sobering Stats on College Drinking Deaths

by

April 9, 2012

It is easy for educators and parents to become overdramatic when warning young students about the dangers of alcohol. Flooded with extensive media coverage of seemingly every college drinking death, their genuine concern can become panic. The truth is, most college students who drink do not binge, and suicide may even be a higher cause of death among this demographic. Nevertheless, one alcohol-related student death is too many, especially since it’s so easily prevented. With that in mind, here are 10 sobering reminders why you should drink responsibly.

  1. Nearly 2,000 students die from alcohol-related injuries each year.: Every year, an estimated 1,825 students between the ages of 18 and 24 die from injuries sustained by excessive alcohol consumption. This works out as nearly one death for every two colleges in America. Incredibly, another 599,000 are unintentionally injured due to the effects of alcohol. Out of 4,140 colleges in the U.S., both public and private, this factors out to 145 injuries for every single campus. (It should be noted, however, that the methodology for finding these statistics has been questioned.)
  2. College drinking deaths rose 26.7% from 1999 to 2005: Deaths of students from alcohol poisoning or alcohol-related accidents are certainly nothing new. College administrations have been making strides in educating students about the dangers of binge drinking for years, but unfortunately that doesn’t seem to be having a positive effect on the number of student drinking deaths. On the contrary, the number is actually rising. The 1,825 deaths calculated in 2005 were an increase of almost 27% from the 1,440 deaths calculated in 1998.
  3. Freshmen account for more than one-third of college student deaths: When it comes to alcohol-related deaths, the first year of college is easily the most dangerous. A USA Today study done in 2006 found that although freshman account for only about 24% of the total population of college students, they make up much more than their share of the number of deaths. For example, they accounted for 40% of undergraduate suicides, 47% of undergrad deaths on campus, and half of deaths from falls out of windows and off rooftops. Of these deaths, one out of five was found to have been drinking.
  4. Fifty-three percent of college students have experienced depression, and less than one-third seek help: With all the pressure, the separation from family and familiar surroundings, and the lack of sleep college students are faced with, depression is a very common ailment on campus. More than half of college students will experience some form of it, and the majority of them will not seek help. The answer for many is to drown their sorrows in alcohol. A 1998 study found as many as 1.5% of students tried to commit suicide because of drinking and/or drug use.
  5. At least one student has died from drinking in college hazing rituals every year for more than four decades: Hazing goes back to at least the 1800s and possibly even before. It’s always been used as a way of putting a person through a trial to earn membership in a select group. But to put it bluntly, if the person is killed, what’s the point? Since 1975, thousands of lives have been needlessly thrown away in hazing rituals, devastating their families and usually spelling the end for the organizations they were trying to join.

  1. In 82% of hazing deaths, a huge amount of alcohol consumed is involved: Alcohol is sometimes referred to as “liquid courage,” and it’s plain to see why the vast majority of college student athletes and pledges to fraternities and sororities would need to be brave when going through hazing. It can involve beatings, public humiliation, or simply being forced to chug copious amounts of alcohol. As one researcher, professor Hank Nuwer, put it, “We’re talking levels which would be approaching, basically half of your blood system being filled with liquor.”
  2. Chico State University student Matthew Carrington died from binging on water : Because of the amount of negative attention hazing has received in recent years, many schools have banned alcohol from Greek functions. To get around this, many college groups have taken to forcing pledges to drink huge amounts of water or milk, either of which can be lethal in large quantities. In 2009, Matthew Carrington died after water absorbed into his blood after his fraternity mates forced him to drink from a five-gallon jug of water that they kept refilling.
  3. Eighty-three of the college student deaths from 1999 to 2005 were of underage students: There is a reason the U.S. has a legal drinking age. Hopefully, at least, people over 20 are better equipped to handle peer pressure and know when to call it quits on a night of drinking. They also have two or three years of college under their belt and don’t need to hit the first party they see and get as drunk as humanly possible. But 83 underclassmen died in six years as a result of alcohol poisoning because they weren’t mature enough to drink responsibly.
  4. At a 0.15 BAC, chances of a car crash due to drunk driving are 200 times higher: Although the number of deaths due to college students drinking and driving may have been overestimated in the past, there’s no shortage of students still getting behind the wheel while intoxicated. One in five students admitted to driving drunk in a four-year study that concluded in 2010. No states allow driving at a blood-alcohol level over 0.08%. Even at this level, drivers are still about 10 times more likely to be in a (potentially fatal) car crash.
  5. A Colorado State University student died of alcohol poisoning with a BAC of 0.436: On a Friday in 2004, Samantha Spady started drinking at 6 p.m. and consumed an estimated 40 cups of beer and shots of vodka. When she was found the next day, her body had a blood-alcohol level of 0.436, an astronomical figure that the coroner said was probably higher earlier in the evening of her death. The most sobering part of her story is that her friends had no indication she had been poisoned by alcohol and was dying; they had left her in a room “to sleep it off.”

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