Please find the Winter 2021 edition of NHTSA’s Impaired Driving Division Update. by clicking here.
In this edition we share information about the Drive Sober Holiday Kickoff held on Tuesday, Dec.14, 2021, a rundown of the Division’s projects that were recently completed and more that have just begun, and links to the new Traffic Techs that accompany the 10th edition of Countermeasures That Work.
We hope you find the Update helpful. Please feel free to reach out with any questions.
We wish you and your family a happy and safe transition to 2022!
Devin Burke - U.S, Department of Transportation - NHTSA
Texas: A jury awarded a family of drunk driving victims more than $301 billion, but they don't anticipate seeing any of it
Reported by: Alisha Ebrahimji, CNN on Dec. 10, 2021.
A jury in Texas has awarded the largest-ever personal injury compensation in the country to a family who lost two people killed by a drunk driver.
The sum is symbolic, lawyers for the family say, but the eye-popping size of the judgment is meant to send a message about the consequences of drunken driving.
Tamra Kay Kindred was on her way home after picking up her 16-year-old grandaughter, Aujuni Tamay Anderson, from her job at Cici's Pizza on November 12, 2017 She was driving through an intersection in Corpus Christi, Texas, when a man ran a red light and hit them, according to a complaint filed in 2018..
Kindred and Anderson died in the crash, along with the driver of the other car, Joshua Delbosque, who was intoxicated.
The family of Kindred and Anderson sued the bar Delbosque had been at for negligence, alleging bartenders there overserved him. The lawsuit also named the bar's owner.
After a short trial that began Monday, a jury said the family of Kindred and Anderson is entitled to just over $301 billion, according to court documents, making it the largest personal injury award in US history. Previously, the largest amount ever awarded to a family in a personal injury award was $150 billion in 2011.
Craig Sico, one of the family's attorneys told CNN that during closing arguments at trial, he told the jury "they needed to decide how loud their voice was going to be heard" so he showed them the largest previous verdicts to other families, and they agreed. Sico knows the dollar amount is symbolic in nature but said it is more about trying to help others understand the impact drunk driving has on others and to send a loud message so other families aren't impacted in the same way.
John Flood, another attorney for the family said "the purpose of the civil litigation is to remind the community, the state, and the nation of the horrific costs of drunk driving."
The complaint claimed Delbosque was "overserved" at Beer Belly's Sports Bar that evening, saying "it was apparent to Beer Belly's that Delbosque was obviously intoxicated" and his intoxication was the cause of the victims' injuries and damages.
CNN has reached out to the attorney for Beer Belly's and its owner but has not heard back.
"Beer Belly's either knew or should have known that Delbosque was a danger to himself and others based on his intoxication and lack of control over his mental and physical faculties," the complaint states.
Family doesn't expect to see any of the settlement money
The family of Kindred and her granddaughter say they don't expect to receive any money from the bar or its owner because the bar is out of business and the previous owners don't have sufficient capital to pay any judgment, Sico said.
According to the Texas Alcoholic Beverage Commission, the liquor license for Beer Belly's expired in September 2019 and the license has been canceled.
"This case illustrates the consequences of selling alcohol to a person who's already had too much," a TABC spokesperson told CNN Friday. "Texas law requires alcohol retailers to cut off customers who show signs of intoxication. Those who violate the law could face financial and legal consequences if their actions contribute to the loss of life."
Sico said they are going to try to get some sort of compensation for the family but "since Texas does not require bars and restaurants who serve alcohol to have insurance this happens all too often."
They hope to create change for "a requirement that any establishment that serves alcohol must carry insurance," he told CNN. "If bars and restaurants are required to carry insurance for this then Insurance carriers would have oversight from that industry helping to make sure this does not happen again."
"This verdict that we sought was for love, not vengeance," he told CNN.
Delbosque left the bar with a .263 blood alcohol concentration, according to a toxicology report. In Texas, people are legally intoxicated when their blood alcohol concentration reaches 0.08%, according to the Texas Department of Transportation.
Kindred's daughters, Jennifer Kindred and Elizabeth Anderson, who is also the mother of the teenage victim, encouraged those who have been drinking to take a rideshare, cab or have a friend drive them home.
"Also, to every bartender, bar owner, and server, it's OK to care enough about your customer to not let them get drunk and drive," they said in an email.
YOUTH ENGAGEMENT SPECIALIST PART-TIME POSITION AVAILABLE
OH SADD is looking for a highly organized, youth-oriented, process, and passion-minded individual who enjoys fostering and managing relationships with youth and community leaders. The individual will work on statewide efforts with the Regional Manager while focusing on specific geographical areas within the state. Candidates will be responsible for key responsibilities, including:
Implementing occupant protection and texting and driving awareness campaigns with youth, schools, and communities.
Developing new SADD chapters by targeting school districts, superintendents, principals, prevention groups, and other education and community professionals.
Supporting existing SADD chapters by keeping them active, informed, and engaged in national and statewide programs, activities, and initiatives.
Attending community events and deliver SADD program messages. This may require evening and/or weekend hours.
Presentations to groups of students, parents, and communities in various environments to advance traffic safety education and awareness.
To view the complete announcement and how to apply, click here.
Drive High Get a DUI
2021 Holiday Season National Enforcement Mobilization / Dec. 15, 2021 - Jan. 1, 2022
Drug-impaired driving is a problem on America’s highways. Like drunk driving, drugged driving is impaired driving, which means it is dangerous and illegal in all 50 States, Puerto Rico, and Washington, D.C. Whether the drug is obtained legally or illegally, driving while impaired poses a threat to the driver, the vehicle passengers, and to other road users.
NHTSA wants to spread the word about drug-impaired driving and to remind all drivers: if you are impaired by drugs and thinking about driving, pass your keys on to a sober driver
Click here to view campaign materials for the 2021 Holiday Season National Mobilization.
NOTE: 2021 HOLIDAY SEASON CAMPAIGNS
In addition to the Drive High Get a DUI campaign during the Holiday Season period listed above, this period is also known for being the deadliest season when it comes to buzzed driving. Every holiday season, lives are lost due to drunk drivers.
Click here to use these social norming marketing tools, throughout the holiday season which can be distributed to fit your local needs and objectives. These materials will partner your office with other State and local community safety organizations on this impaired-driving prevention initiative.
IMPAIRMENT IN ANY FORM WHILE DRIVING CAN LEAD TO DEADLY CONSEQUENCES
Super Bowl LVI / Feb. 13, 2022 (Sunday)
Each year, the Super Bowl garners millions of viewers, with many taking the opportunity to cheer on their favored team with a night out or by attending a party. To help keep us all safe on the roads, NHTSA is teaming up with State and local highway traffic safety advocates and organizations to remind football enthusiasts that: Fans Don’t Let Fans Drive Drunk.
This year, the Big Game falls on Feb.13, 2022. If your night involves alcohol outside your home, plan for a sober ride home. If you’re hosting a party, take care of your guests. Keep reading for tips on how to stay safe on Super Bowl Sunday.
Click here to view campaign materials for Super Bowl LVI.
LAW ENFORCEMENT WELLNESS
The Office of Law Enforcement Recruitment would like to invite you to a session that aims to provide insights on the importance of law enforcement wellness and how to mitigate life’s stressors on and off duty. During this webinar, we will discuss realistic, yet unorthodox, approaches to combat the effects of chronic stress and trauma on the mind and body. These tactics can also be utilized to improve focus, mental clarity, and emotional regulation. By improving the wellness of law enforcement, not only do we enhance the service provided and the quality of life for officers; the efforts transcend into the community to elevate healing on a broader scale.
Presenter Amanda Dozanti is currently a Law Enforcement Wellness Specialist with the Hope Meadows Foundation.
TRAFFIC SAFETY RESOURCE PROSECUTORS VIDEO TRAINING SERIES
RECENT VIDEO
COMBATING ALCOHOL AND DRUG - IMPAIRED DRIVING (IIHS), to view this video click here.
PREVIOUS VIDEOS
TO MEET THE TSRP'S AND LEARN WHAT TRAINING IS AVAILABLE TO 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.
WEBINAR SERIES
JANUARY 2022 TRAFFIC TUESDAY WEBINAR
“Moving on from Xanax: Impaired Driving with Novel Benzodiazepines”Tuesday, Jan. 11, 2022, at 2 p.m. (eastern).
This presentation will discuss the challenges with toxicology testing for novel benzodiazepines and the impairment they may produce. Benzodiazepines are a class of compounds that include prescription drugs used to treat anxiety, control seizures, and cause general sedation. They are frequently identified in impaired driving cases, most often in combination with other drugs. Recently, novel designer benzodiazepines have been identified in counterfeit Xanax tablets in a significant number of drug seizure cases. Subsequently, they have also been identified in impaired driving cases. This presentation will provide a background onto these troubling and difficult new drug issues and so that prosecutors and law enforcement officers may better deal with such issues while investigating and prosecuting Drug-DUI cases.
Presenter: Nicholas Tiscione, M.S., D-ABFT-FT
There is no charge to attend this webinar, but you must register in advance. Click below to register:
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.
Happy Holidays From Ashtabula County
Ashtabula County Safe Communities, Ashtabula County Law Enforcement Agencies, ODOT and Safe Communities' partners wish you a Safe and Merry Holiday season. Don't drink and drive, and be aware of the winter road conditions.
Happy Holidays from Madison County
.During this holiday season, we want to take the opportunity to thank all of our partners that help us make safe driving a priority in Madison County. Our law enforcement, EMA, Prosecutor's Office, Engineer's Office, and many more, serve our community diligently throughout the year. Their efforts make it possible to provide Madison County with safe driving resources that save lives!
The largest gathering of highway safety professionals in the United States
Last year, an estimated 36,096 people died in motor vehicle crashes in the U.S. Lifesavers is recognized as the premiere conference to learn about the latest highway safety research, best practices, and cutting-edge initiatives; and to explore innovative technology and strategies used to combat risky driving behaviors and save lives. The Lifesavers Conference is also historically the world’s largest gathering of leaders and advocates in traffic safety. Now in its 40th year, the Lifesavers Conference will take place March 13-15, 2022 in Chicago, IL.
The 2022 Lifesavers Conference will provide a national platform with 70 workshops in nine tracks, plenary sessions, peer exchange discussion groups, and an extensive exhibit hall. The Lifesavers Conference program is designed to engage federal, state and local government; law enforcement; public health; injury prevention; advocacy and non-profit organization professional in an exchange of ideas, strategies, and programs to reduce preventable injuries and deaths.
Don’t miss your opportunity to participate in the latest and greatest networking opportunity in traffic safety, highlighting research to practice efforts across the country!
Visit the 2022 LifeSavers Conference website by clicking here.
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.
