Loading...
HomeMy WebLinkAboutCOM 0356.006 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona Phone: Fax: (808) 323 -4277 (808) 329- 4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 DATE: September 29, 2011 TO: Dominic Yagong, Chairperson, and Members of the Hawai`i County Council FROM: -1)1'ql'itiBrenda J. Ford, Council Member SUBJECT: Additional information related to Communication 356, Bill 98 2011; related to Vehicles and Traffic (DUI Towing) Please see the attached three exhibits for Bill 98. I request that these exhibits agenda for council on October 5, 2011. The exhibits are as follows: 1. Aliyah Braden — picture 2. "Why My Car Was Impounded" 3. Case Study Excerpts from California Highway Patrol BJF /dkr Serving the Interests of the People of Our Island Hawai `i County Is An Equal Opportunity Provider And Employer dated August 26, be placed on the Comm. No. 3 SG. Ref. To: PreseeowdCowmc.i I, Ref. Date OCT 5 21111 Exhibit 1 Aliyah Braden, 17 months, died on May 23, 2009. The vehicle she was riding in was hit by a drunk driver with a blood alcohol content level greater than the legal limit of 0.08. Exhibit 2 An Internationally Accredited Agency Why Was My Car Impounded . CHP 959 (9 -1996) OPI 013 "Why was my car impounded ?" "Your vehicle was impounded because you or another individual driving your vehicle has: a suspended license, a revoked license, or does not have a valid license." "How long will the vehicle be impounded ?" "The vehicle will be impounded for 30 calendar days. The registered owner will have to pay the towing and the 30- day storage fee to get the vehicle back at the end of this period." California Vehicle Code (CVC) Sections 14602.6 and 14607.6 On January 1, 1995, new laws were enacted relating to unlicensed drivers. These laws, California Vehicle Code (CVC) Sections 14602.6 and 14607.6 authorize law enforcement agencies to tow and impound vehicles for 30 days when driven by unlicensed, suspended, or revoked drivers. There is a possibility that the vehicle could be forfeited (taken from you by the state) if you have a prior conviction for driving while unlicensed, or with a suspended or revoked license. "Remember, if you are unlicensed or driving with a suspended or revoked license, the vehicle you are driving may be impounded for 30 days and possibly forfeited. Also, if you let someone else drive your vehicle and they are unlicensed, or driving with a suspended or revoked license, your vehicle may be impounded and possibly forfeited." The following excuses WILL not HELP YOU when your vehicle is being driven by an unlicensed driver and is stopped by law enforcement officers for any reason. "It was a minor infraction. Why was my car impounded ?" Both 14602.6 and 14607.6 of the CVC give law enforcement officers the authority to impound your vehicle when it is being operated by an "unlicensed driver" (license not issued, suspended or revoked). Your car is being impounded because you have committed a misdemeanor, not an infraction. By operating a motor vehicle without a valid driver's license you have committed a serious offense. In addition to the citation, the vehicle you are operating will be impounded and held for 30 days, or possibly forfeited. "I don't understand. Why 30 days? I absolutely need my car!" The Legislature intended to provide safer roads for California's motoring public by removing the vehicles driven by unlicensed, suspended, or revoked drivers for 30 days. A serious violation of the law calls for a serious response. The 30 -day impound begins on the calendar day the car is towed and will be released at the conclusion of the 30th day during normal business hours. "My brother borrowed the car" "I did not know his license was suspended" Under Section 14604 CVC, the owner has a duty to assure the person driving their vehicle possesses a valid license; however, if you allow or permit anyone, including: your wife, son or daughter, or friend or relative, to drive your vehicle and that person does not have a valid driver's license, you will be responsible for towing and storage fees. You will not have access to the vehicle for 30 days. "She took the car without my permission" ...and... "I am the owner of the car and I have a valid license." To say someone has taken your car without your permission is not a valid excuse. Ask yourself: How did this happen? Have you allowed him / her to use your car before? Did you ask to see his / her license? Any vehicle impounded will be released to the registered owner after the 30 days. Note: If, in fact, it is determined that your car was taken by an unlicensed driver without your knowledge or permission, a stolen vehicle report must be filed. The person charged with this crime will be arrested. "What happens to my car? Who impounds the car? What if I don't agree with the officer ?" Your car will be stored at a tow yard and you will be given a receipt. If you disagree with the officer, you may request an informal hearing with the California Highway Patrol Area commander to determine whether the officer had reasonable cause to impound the vehicle. "What happens if my car is stored a second time for being driven by an unlicensed, suspended, or revoked driver ?" Your car may be forfeited. This law can be enforced at any time. Driving a motor vehicle on public highways in the State of California is a privilege and not a right. This privilege can be revoked, suspended or denied. A valid California driver's license designates and identifies the bearer as competent to operate a motor vehicle according to state regulations. "Why is driving without a valid driver's license so serious ?" An unlicensed driver is a potential danger to all other motorists on the highway. He / she may not know the rules of the road or practice safe driving techniques. A driver who is unlicensed, or has a suspended or revoked driver's license has been ordered not to drive because of previous driving violations. Continuing to drive shows a flagrant disregard for the safety of other motorists. Conditions of Use 1 Privacy Policy Copyright © 2011 State of California M g s. X W W Table of Contents Executive Summary v Chapter One: Background and Methodology 1 Chapter Two: Self- Sufficient DWI Programs 4 Chapter Three: Successful Strategies Common to Self - Sufficient DWI Programs 11 Chapter Four: Challenges Faced by Self- Sufficient DWI Programs 20 Chapter Five: Community -Based Self- Sufficient DWI Program Case Studies 23 Albuquerque DWI Vehicle Forfeiture Program 23 Eaton County DUI Court Program 31 Safe Communities Coalition of the Red River Valley 39 Fresno Police Traffic Bureau 47 Winnebago County Safe Streets Treatment Options Program 61 References 71 Appendices 73 Appendix A: Program Matrix 74 Appendix B: Program Contacts 75 Executive Summary Since the early 1980s, the United States Department of Transportation National Highway Traffic Safety Administration has encouraged States and communities to create self - sufficient alcohol traffic safety programs in order to consistently address impaired- driving challenges at the local level. State DWI self - sufficiency is one of the qualifying criteria for State -level funding under Section 410 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU). However, it has been difficult for States to gain support to implement at the State level. This report of case studies has been developed for local and regional government officials, traffic safety advocates and community leaders to encourage and support local efforts to develop and implement self - sufficient DWI programs at the community level and promote greater community participation in addressing impaired driving. The objectives of this case studies report are to: 1. Identify and document community -level self - sufficient impaired- driving programs. 2. Provide guidance to communities initiating self - sufficient DWI programs, or adapting existing programs to function more self - sufficiently. In order to best identify successful self - sufficient DWI programs at the community level, a detailed definition of such programs was developed. For the purposes of this case studies report, the following definition is used. Community- Based, Self - Sufficient DWI Program: A DWI program that implements established DWI countermeasures, that is independently managed and operated at a local level, and that uses sustainable funding sources to cover at least 75 percent of program costs. Sustainable funding sources may include fees or fines dedicated to the DWI Program, as well as an established funding stream dedicated exclusively to the DWI program. A self-sufficient DWI program must be funded sufficiently through sustainable sources to function efficiently if non - sustainable funding sources cease. This report features five case studies of community -based self - sufficient DWI programs operating at the local level in various communities across the country. These programs represent the diversity of DWI programming while meeting all of the criteria specified in the definition of "self- sufficient." Two of the programs are enforcement oriented, two focused on offender supervision, and one program is a multijurisdictional community traffic safety coalition providing prevention and intervention programming. In addition to the five programs featured as case studies, other DWI programs with self - sufficient components are briefly described. For the purposes of this report, the abbreviation "DWI" (driving while impaired) is interchangeable with the terms "DUI" (driving under the influence), "DWAI" (driving while alcohol impaired) and "OWI" (operating while intoxicated). It references all behavior involving driving while impaired by alcohol and/or drugs. NHTSA defines impaired driving as operating a motor vehicle while affected by alcohol and/or other drugs, including prescriptions, over - the - counter medicines or illicit substances. "Impaired driving" includes, but is not limited to, impairment, as defined by individual States' statutes. Despite the diversity of self - sufficient DWI programming across the country, programs that are successful in establishing sustainable funding sources and implementing effective DWI programming use similar strategies. These strategies are not exclusive to self - sufficient DWI programming, but appear to be critical to the initial development and ongoing success of such programs. These common strategies are: collaborating; defining scope and realistic objectives; ensuring leadership is supportive; communicating; recognizing success; and being flexible /problem solving. These strategies are described in detail in an effort to guide other community- based, self - sufficient DWI program development and implementation efforts. While using common strategies to successfully plan and implement community -level DWI -- related activities, each of these programs has also faced challenges. Many times these challenges have been specific to their communities or States. However, some common challenges were identified across multiple programs. These challenges and their potential solutions are also described in this report. Fresno Police Department Traffic Bureau Executive Summary The Fresno Police Department (FPD) Traffic Bureau operates an aggressive DUI and traffic enforcement program. The consolidated program is comprised of a number of smaller programs designed specifically to reduce the damage, injuries, and fatalities associated with impaired driving. These programs include DUI checkpoint operations, "Bar Watch" operations, saturation patrols by the Neighborhood Traffic Unit (NTU), the Scared Stiff DUI education program, the Help Eliminate Alcohol Reoffends Team (HEART), and the Selective Traffic Enforcement Program . Funding for the traffic bureau is derived from a number of sources including traffic citation revenue, vehicle impound and release fees, and State and Federal grants. In 2008, Fresno's traffic bureau had an operating budget of approximately $9.1 million. Core DUI programming, including sobriety checkpoints, saturation patrols, and strategic operations targeting DUI offenders, is 100 percent self - sufficient. Ticket revenues generated by the traffic bureau are allocated to the city's general fund; the traffic bureau receives a significant portion of its funding through the city's general fund. The traffic bureau uses a portion of these funds to support core DUI programming. Self - sufficiently funded DUI programming totals approximately $120,000 per year. This programming is supplemented with grant funding that typically supports additional checkpoint activities. Background Located in California's Central Valley, Fresno is the sixth largest city in the State, with a population of approximately 500,000. Fresno is over 104 square miles in size and has approximately 2,000 miles of paved roadway. Fresno has a highly diverse population with over 88 ethnic backgrounds represented. Census information has identified approximately 70 percent of the city's residents are 19 or older. The median age is 28. Approximately 23 percent of the city's resident live below the poverty line. Data suggest that the number of alcohol- impaired- driving fatalities in California has fluctuated during the past five years, with a spike in 2005 followed by a decline since then. These numbers are fairly constant in their percentage of the overall fatal crashes during that same timeframe, ranging between 27 percent and 30 percent (NHTSA, 2008). The number of alcohol- impaired- driving fatalities in Fresno County, where the city of Fresno is located, has fluctuated as well during this timeframe, also spiking in 2005. The numbers of alcohol- impaired- driving fatalities per 100,000 persons between 2003 and 2007 range from a low of 5.84 in 2006 to 7.39 in 2005, according to NHTSA (2008). In addition to State and county statistics, Fresno maintains detailed collision and DUI - related statistics. In 2002, Fresno reported a total of 484 DUI collisions, of which 33 percent resulted in injuries or fatalities. Over the next five years there was a 5- percent increase in DUI collisions, though there was an approximate 8 percent decline in injuries and fatalities (Fresno Traffic Bureau, 2008b). Category 2002 2003 2004 2005 2006 2007 % % change change from 2002 from 2006 Total 4,822 4,314 4,136 3,838 3,690 3,573 - 3.17% - 25.90% Collisions Injury 1,933 1,757 1,617 1,548 1,368 1,336 - 2.34% - 30.88% Collisions Fatal 52 46 30 42 37 27 - 27.03% - 48.08% Collisions Total DUI 484 369 423 499 511 510 -0.20% 5.37% Collisions Injury DUI 151 126 117 125 141 138 - 2.13% - 8.61% Collisions Fatal DUI 7 7 11 16 12 9 - 25.00% 28.57% Collisions DUI Arrests 2,067 2,186 2,525 2,670 3,015 3,211 6.50% 55.35% DUI Check 32 75 94 71 77 8.45% n/a Points Total Citations 26,268 62,290 85,937 94,993 90,569 85,388 - 5.72% 225.06% Speeding 41,101 34,863 27,360 24,724 - 9.63% n/a Citations Vehicle 20,239 22,738 26,379 23,414 18,131 - 22.56% n/a Impounds Beginning in 2002, the FPD engaged in a more aggressive DUI prevention and education program. This is evidenced by the substantial increase in DUI arrests between 2002 and 2007. In 2002, 2,067 DUI arrests were made. By 2007 DUI arrests were up by 55 percent, to 3,211. Much of this increase can be attributed to the series of enforcement and education programs that Fresno is engaged in (Fresno Traffic Bureau, 2008b). Current Program Fresno's DUI efforts are closely related to the city's focus on traffic safety. Since 2002, Fresno has engaged in an aggressive traffic enforcement program aimed at improving community safety. This attitude is perhaps best captured by the FPD's mission statement, "The mission of the Fresno Police Department is to provide a professional, effective and timely response to crime and disorder and to enhance traffic safety in our community" (Fresno PD, 2008a). As part of the focus on traffic safety of the city of Fresno has a number of programs that are designed to reduce DUI - related damage, injuries, and fatalities. These programs are spearheaded by the FPD Traffic Bureau, which has 75 traffic enforcement officers dedicated to traffic law enforcement. These officers are responsible for conducting DUI checkpoints, teaching DUI classes for DUI offenders, providing public education related to DUI and traffic safety, aggressively enforcing traffic laws, and monitoring establish- ments that serve alcohol. The Fresno Traffic Bureau operates the following DUI related programs: • DUI Checkpoint Operations • Bar Watch Operations • Neighborhood Traffic Unit • Scared Stiff • HEART (Help Eliminate Alcohol Reoffends Team) • STEP (Selective Traffic Enforcement Program) In the late 1990s, the traffic bureau grew from 20 officers funded by the police department's general fund, to approximately 75 officers funded self - sufficiently through an impound cost recovery process, a revenue sharing agreement with Fresno County, and towing fees. These revenue sources provide funding not only for officers dedicated to traffic, but also traffic- enforcement - related equipment and officer overtime.