Submitted by Holly Reese - Ohio Traffic Safety Resource Prosecutor
In the last TrafficWise on July 6, I prepared a case law update on a ruling from the Ohio Supreme Court on anonymous tips for traffic stops.
To view the case law update on "Anonymous Tips for Traffic Stops", click here.
There is another recent ruling that Ohio Law Enforcement needs to be aware of also and I have written a case law update on this decision. This ruling comes from an United States Supreme Court case on hot pursuit and warrants
To view the case law update on "Hot pursuit and warrants", click here.
Holly Reese
Ohio Traffic Safety Resource Prosecutor
(330) 904-8971
Breath Test Permit Renewals Return to Normal Operations
To: Breath Alcohol Test Operators and Senior Operators
From: Jeanna Walock, Program Administrator - Alcohol and Drug Testing Program
Date: May 4, 2021
Effective June 1, 2021 Inspectors with the Alcohol and Drug Testing Program will be back out in the field conducting in-person renewals.
Due to the declining numbers of COVID-19 cases and with the increase in persons being immunized, the Alcohol and Drug Testing Program will resume normal operations for in-person renewal testing for breath test Operator and Senior Operator permits/access cards. Inspectors will be able to conduct renewals on all instruments approved for use in the State of Ohio.
To view the complete communication from ODH, click here.
REMINDER
The 2021 NHTSA Communications Calendar can be found by clicking here.
National Mobilization
The 2021 impaired driving national enforcement mobilization "Drive Sober or Get Pulled Over" goes into effect across the country from August 16 to September 6, 2021. One of the deadliest and most often committed - yet preventable - of crimes (impaired driving), has become a serious safety epidemic in our country.
As law enforcement professionals and highway safety advocates, your efforts will help reduce the number of crashes and fatalities due to impaired driving. By increasing State enforcement efforts, raising public awareness through paid, earned, and social media, and maximizing your local resources, you indeed can make a difference.
Please use these customizable enforcement materials to help you successfully spread the campaign’s message, Drive Sober or Get Pulled Over, and complement your enforcement campaign. The high-visibility enforcement model has two important purposes:
Spread the message, and
Increase enforcement efforts.
For more information and campaign materials, click here.
Drug-Impaired Driving | Drive High - Get a DUI
Drive High Get a DUI
We want to spread the word about the dangers of drug-impaired driving and to remind all drivers. If you are impaired by drugs, and are thinking about driving, pass your keys to a sober driver.
For more information and campaign materials, click here.
Motorcycle Safety | Rider Safety
Ride Sober or Get Pulled Over
Since alcohol affects skills essential to riding a motorcycle, such as balance and coordination, it should not come as any surprise that it also plays a significant role in motorcycle crash-related fatalities. These marketing materials are designed to remind motorcyclists to always ride smart and sober.
For more information and campaign materials, click here.
FREE NHTSA STANDARDIZED FIELD SOBRIETY TRAINING
OFFERED BY THE CUYAHOGA COUNTY OVI TASK FORCE
The Cuyahoga County OVI Task Force, Ohio Traffic Safety Office, Berea PD, and Solon PD will host a NHTSA Standardized Field Sobriety Testing course. This is the full, 40-hour course that is given in the basic police academies now. There is no cost to the agency or officer. The class will be August 9-13, 8AM to 5PM, at Baldwin Wallace University in Berea, Ohio. It will include classroom instruction and two sessions with live test subjects (wet labs). Class size is limited to 12 students. To enroll, please complete the online registration at https://reg.planetreg.com/sfst21 .
The deadline to enroll is August 5 at 4:00 PM.
Questions and additional information can be forwarded to Lt. Roy Cunningham with the Solon Police Department at (440) 337-1479
TRAFFIC SAFETY RESOURCE PROSECUTORS
VIDEO TRAINING SERIES
PREVIOUS VIDEOS
TO MEET THE TSRP'S AND LEARN WHAT TRAINING IS AVAILABLETO LAW ENFORMCEMENT AND PROSECUTORS, click here.
TRAFFIC SAFETY CASE LAW UPDATE FOR 2020 - to view this video click here.
OHIO INTOXILYZER 8000 FOR PROSECUTORS - to view click here.
Stay tuned to future issues of TrafficWise as new videos are released.
TRAFFIC SAFETY RESOURCE PROSECUTORS WEBINARS
Monthly Traffic Tuesday webinar series:
Mental & Medical Conditions that Mimic Intoxication(1.5-hr CLE General Credit) Tuesday, July 20, 2021 at 2:00 pm Presenter: Jason Beaman, D.O., M.S., M.P.H., FAPA, Chair, Psychiatry & Behavioral Sciences and Assistant Clinical Professor at Oklahoma State University Center for Health Sciences https://attendee.gotowebinar.com/register/8345006691975163408
This presentation will cover how medical and mental conditions can mimic intoxication. Attendees will review different forms of intoxication and then be able to distinguish medical and mental conditions from intoxication. Such information will allow both prosecutors and law enforcement to become more aware as to possible alternative conditions while evaluating a DUI suspect at the roadside and while preparing a DUI case for court.
There is NO CHARGE to attend these webinars, however you must register in advance using the links listed above.
After registering you will receive a confirmation email containing instructions on how to join each webinar. In order to ensure that you are able to log on, please register at least four (4) hours in advance. Also, please make sure you retain the confirmation email sent to you. If you will be unable to attend this webinar at the scheduled time but would still like to watch it, please go ahead and register as indicated; however, YOU WILL ONLY RECEIVE CLE CREDIT IF YOU ATTEND THE LIVE WEBINAR pursuant to the Supreme Court of Ohio rules. Everyone who is registered will receive a link to the recording of the webinar regardless of whether they attended (unless otherwise noted in the session description).
If you have any questions or need any assistance registering for the webinar, please feel free to contact Vin Petty at VinPetty@FloridaTSRP.com or Holly Reese at hreesetsrp@gmail.com
These webinars are being conducted by the Florida TSRP Program utilizing the National TSRP Program webinar account. The account is funded through the NAPC/NHTSA Cooperative Agreement, Project Number 693JJ92050011.
ESSENTIAL SKILLS FOR DUI TRIALS - WEBINAR SERIES
"Webinar Wednesday" Special Series: Essential Skills for DUI Trials
In recognition of the complexity in both the investigation and prosecution of DUI cases, the Florida and Ohio Traffic Safety Resource Prosecutor Programs are excited to announce a special webinar series entitled "Essential Skills for DUI Trials." This new series consisted of eight (8) weekly sessions, occurring throughout June & July of 2021; note that due to scheduling issues, although these remain "Webinar Wednesdays," six (6) of these sessions will be held on Friday and one (1) will be held on Tuesday. This series will provide both law enforcement and prosecutors with essentials tips and tricks to properly handle DUI Trials, from Initial Case Preparation through Closing Argument. These sessions are non-State-specific and are intended to assist prosecutors and law enforcement nationwide -- all are welcome!
To view the speaker flier for the Essential Skills for DUI Trials listed below, click here.
Below are the two (2) remaining webinars in this series.
The Ohio TSRP Program is excited to announce August and September Sessions of the Florida TSRP Program’s “Webinar Wednesday” Series. These new sessions are non-state-specific and are intended to assist prosecutors and law enforcement nationwide -- all are welcome!
Specific information on each of the seven (7) sessions is provided through the August Webinar link found here and the September Webinar link found here. You will need to register for each session individually. You may sign up for as many or as few of the sessions as you want, however attendance at all sessions is highly recommended. All sessions are approved (or pending) with the Ohio Supreme Court for the specific CLE amounts and categories listed below for Ohio attorneys for LIVE ATTENDANCE ONLY.
Following is the list of the available webinars:
Title: Mellanby Effect: An LEO's Perspective on Homeostasis & Burn Off (Ohio Bar Approval for 1.5-hr CLE PROFESSIONAL CONDUCT credit) Date: Thursday, August 5, 2021 Time: 1:00p-2:30p Eastern Presenter: Det. Tom Heller, Seattle Police Department
Title: The Truth Is In The Eyes: How Do “Eye Tests” in 3-5 minutes Relate to Detecting Possible Impairment Related to Driving? (Ohio Bar Approval for 3-hr CLE general credit) Date: Wednesday, August 11, 2021 Time: 1p-4p Eastern **NOTE: This session will NOT be recorded; if you wish to attend, you must attend at the above date and time! Presenter: Dr. Jack Richman
Title: SFSTs & Drugs: Hit or Miss? (Ohio Bar Approval for 1.5-hr CLE general credit) Date: Wednesday, August 18, 2021 Time: 1p-230p Eastern Presenter: Tara Jenswold & Emily Thompson, Wisconsin TSRPs
Title: None Detected... What Next? (Ohio Bar Approval for 1.5-hr CLE general credit) Date: Thursday, August 26, 2021 Time: 1p-230p Easter Presenter: Ashley Schluck, WY TSRP
Title: Pharmacology of the Drugged Driver (Pending Ohio Bar Approval for 2.0-hr CLE PROFESSIONAL CONDUCT credit) Date: Wednesday, September 1, 2021 Time: 1p-3p Eastern Presenter: Edward Zumaeta Forensic Scientist - Toxicology Palm Beach County Sheriff's Office
Title: Law Enforcement Toxicology Services (Pending Ohio Bar Approval for 1.0-hr CLE general credit) Date: Wednesday, September 8, 2021 Time: 1p-2p Eastern Presenter: Dennis J. Siewert FDLE Orlando Crime Laboratory Analyst Supervisor – Toxicology
Title: Drugged Driving and the DRE Matrix (Pending Ohio Bar Approval for 2.0-hr CLE General Credit) Date: Wednesday, September 22, 2021 Time: 1p-3p Eastern Presenter: Tim Cornelius IPTM – Interim State DRE Coordinator
There is NO CHARGE to attend these webinars, however you must register in advance.
For complete descriptions and registration information on the August webinars, click here. For complete descriptions and registration information on the September webinars, click here.
Advanced Roadside Impaired Driving Enforcement (ARIDE) provides officers with general knowledge related to drug impaired driving and to promote the use of Drug Recognition Experts (DRE). Law enforcement officers will learn to observe, identify and articulate the signs of impairment related to drugs, alcohol, or a combination of both, in order to reduce the number of impaired driving crashes.
The ARIDE program stresses the importance of the signs and symptoms of the seven drug categories. Officers attending this course will receive an update/refresher of Standardized Field Sobriety Testing (SFSTs) and must successfully pass an SFST proficiency evaluation. This training also promotes interaction with representatives from the state's prosecution community who are encouraged to attend. The instructors for this course are all Ohio DRE certified instructors.
Prerequisite: Law enforcement officers must have had training in SFST (previously ADAP). This course is funded through an OTSO/NHTSA grant and is free for sworn Ohio law enforcement officers and prosecutors only. Tuition for out-of-state officers is $250.
To view the upcoming classes and to register, click here.
Drug Recognition Expert Program
The Drug Recognition Expert (DRE) Program is a traffic safety program that focuses on the detection, apprehension and adjudication of drug-impaired drivers.
A DRE is a law enforcement officer highly trained to recognize impairment in drivers under the influence of drugs other than or in addition to alcohol.
For more information, upcoming training dates and how to apply for this free training, please view the DRE Application, School Information and upcoming classes by clicking here.
July 2021
Dear Colleagues,
I hope you enjoy this packed edition of the Impaired Driving Update by clicking here.
In this edition you will find articles on:
Early Estimate of Motor Vehicle Traffic Fatalities in 2020
Early Estimates of Motor Vehicle Traffic Fatalities and Fatality Rate by Sub-Categories in 2020
Drive Sober or Get Pulled Over National Mobilization, August 16th - September 6th
Impaired Driving State Landscapes/Fact Sheets
Job Opportunity - NHTSA's Office of Safety Programs, Enforcement and Justice Services Division
Funding Opportunities - Training for Drug-Impaired Driving Enforcement
and much more.
Please note, our Public Health Fellow, Morgan Drexler who has been sending you the Impaired Driving Division Update over the past two years has recently accepted a new position and will be leaving NHTSA. We wish her the very best in her new position! Devin Burke (devin.burke@dot.gov), one of our Highway Safety Specialist in our Impaired Driving Division, will be taking over authorship and responsibilities for the Update moving forward.
Also, for the time being the Update will be being moving from a monthly to a quarterly Update. You can expect to see the next edition come out this Fall. Should you have any questions or comments, please do not hesitate to reach out to me at Kelley-Baker, Tara (NHTSA) <tara.kelleybaker@dot.gov>
Tara
REMEMBER the OTSO offers materials for numerous traffic safety campaigns, including impaired driving, restraint usage, distracted driving, speeding and motorcycles. Utilizing the numerous materials found here can make an impact that will reach beyond your community. By raising public awareness YOU can help save lives. The order form can be found by clicking here.