2016 ANNUAL REPORT Special Traffic Options Program for Driving While Intoxicated Department of Public Safety Robert J. Burns, Director STOP-DWI Program Peggy Duffy, Coordinator CityPlace • 50 West Main Street • Suite 4111 • Rochester, New York 14614 • (585) 753-3011 MONROE COUNTY
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2016 ANNUAL REPORT
Special Traffic Options Program for Driving While Intoxicated
Department of Public Safety Robert J. Burns, Director STOP-DWI Program Peggy Duffy, Coordinator
CityPlace • 50 West Main Street • Suite 4111 • Rochester, New York 14614 • (585) 753-3011
MONROE COUNTY
110 County Office Building • 39 West Main Street • Rochester, New York 14614
Dear Friends: Monroe County remains fully committed to keeping our roads safe for
travelers and families through aggressive DWI enforcement and prevention. Together, the Monroe County Public Safety Department, Office of Probation,
and STOP-DWI collaborate with the Sheriff’s Office and other law enforcement agencies to discourage anyone from driving while intoxicated.
In 2016, local law enforcement agencies made 2,540 arrests due to intoxicated driving and driving under the influence of other substances.
These arrests are a true testament to our community’s commitment to combating DWI. Each and every arrest makes our roadways a little safer.
The pain and anguish that DWI victims suffer can last a lifetime. Through the Monroe County Victims Resource Center, victims are able to seek the
assistance and support they need to help cope with tragedy. Additionally, the County’s STOP-DWI Education Program remains an effective tool in the prevention and education of the harmful impacts caused by driving while
intoxicated.
Despite all of our progress, it is important to always remember that every person with a driver’s license has the opportunity to make this community a safer and better place by choosing not to drink and drive.
Sincerely,
Cheryl Dinolfo
Monroe County Executive
The 2016 Monroe County STOP-DWI Annual Report is dedicated to the following DWI victims who volunteer to serve on the Monroe County DWI Victim Impact Panel (VIP):
Lorie Brown
Jane Butera
John Chirinko
Peggy Duffy
Mary Elkins
Ruth Gates
Don Halstead
Chris Humphrey
Bruce Lockhart
Sue Gaiter
Jacqueline Moyer
Pete Navratil
Sarah Palermo
Mark Philippy
Carol Preston
Justin A. Randall, Jr.
Henry Rivera
Nilia Rohatsch
Tom Schamerhorn
Phil Schultz
Robin Scott
Bary Siegel
Lindsay Tomidy
We would like to thank you for your continued dedication and support.
In memory of Deb Milgate-Moyer, a dear friend and VIP speaker.
Since 1982, the Monroe County STOP-DWI Program has served to educate the community regarding the dangers of impaired driving and provide funding to groups and organizations engaged in activities related to anti-alcohol/other drug-related crashes. STOP-DWI is funded 100% by local fines and fees collected from intoxicated drivers. Monroe County STOP-DWI offers: Anti-impaired driving programs including speakers and videos High school mini-grants to assist with alcohol & other drug-free events An annual high school STOP-DWI video contest Handouts and printed material DWI Exhibits and displays
Monroe County STOP-DWI supports the efforts of: Rochester Against Intoxicated Driving (RAID) Mothers Against Drunk Driving (MADD) Students Against Destructive Decisions (SADD) Finger Lakes Collegiate Task Force The Coalition for Crime Victims of Monroe County Hilton Parma Drug Intervention & Community Education (HPDICE) Monroe County Office of Traffic Safety Parents Who Host Lose the Most The Seven Town Alliance Western New York Coalition for Crime Victims
Monroe County STOP-DWI provides funding to: Monroe County Law Enforcement Agencies Monroe County Office of Probation and Community Corrections Monroe County District Attorney's Office Pre-Trial Services Felony DWI Diversion Program and Day Reporting Center
This 2016 report summarizes information regarding the daily efforts of the STOP-DWI Program and centralizes vital statistical data relating to the state of DWI in Monroe County.
Displays: STOP-DWI and the Office of Traffic Safety offer comprehensive traffic safety displays. During 2016, displays were exhibited at area schools, shopping malls, industries, fairs, and town halls in which over 19,062 anti-impaired driving literature items and novelties were distributed. Exhibits: In 2016, the “Prescription Drugs and Ripple Effect” exhibits were displayed at Webster and Rush/Henrietta High Schools with 3,222 students viewing the effects of impaired driving on communities and families. STOP-DWI Education Programs: In 2016, 48 programs were presented to 1,790 community members with in excess of a 90% satisfaction rating. High School Mini-Grants: In the spring of 2016, a total of $5,250 was distributed among 21 high schools for their alcohol-free and other drug-free prom/graduation events. High School DWI-DVD Contest: The Monroe County STOP-DWI Program sponsored its fifth annual STOP-DWI High School anti-DWI DVD Contest. The first and second place winners were from Penfield High School and third place went to Gates Chili High school. The first place commercial was aired on Channel 13 WHAM-TV, ninety-six times during Thanksgiving holiday. The student message and artwork educated our community to the dangers impaired driving has on our community. Law Enforcement Conference: Monroe County STOP-DWI sponsored the sixth annual full-day Law Enforcement Conference. The training focused on “Best Practices” for paperwork and testifying. Fifty-six officers from Monroe County attended and were trained with a very high satisfaction level. The conference success was attributed to all agencies’ efforts and officers’ willingness to help other officers. STOP-DWI Law Enforcement Awards Luncheon: One-hundred-twenty people attended the luncheon, co-sponsored by the Traffic Safety Board, at the Plantation on March 2, 2016. Three departments received awards for their increased percentage of DWI arrests: East Rochester, Gates and Rochester Police Department. The STOP-DWI “Top Cop” was awarded to Officer Earl Lergner IV, East Rochester Police Department. Twenty-nine officers were chosen by their departments to receive awards for their outstanding efforts to combat the problem of DWI. The luncheon, training and awards are intended to keep the officers motivated to focus on the impaired drivers in our community.
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Victim Impact Panel (VIP) Appreciation Dinner: Sixty-seven people attended the STOP-DWI-hosted VIP volunteer dinner at Rick’s Prime Rib House on December 1, 2016. The gratitude offered to volunteers for their support and willingness to share their personal experiences is grossly understated and cannot be expressed to a satisfactory level. Thirty-three certificates of appreciation were presented to our volunteers. “Lights on for Life” Motorcade: The annual motorcade was held Saturday, December 10, 2016, with over twenty five law enforcement vehicles, and various community members participating. Rochester Against Intoxicated Driving (RAID) co-sponsored the event and donated refreshments for the attendees. Media: In 2016, the STOP-DWI Program received a variety of media coverage during events such as the Law Enforcement Luncheon, Victims’ Rights Annual Family Fun Day, High School Video Contest, Motorcade and Crackdown Weekends’ Press Releases. December Impaired Driving Awareness Campaign: During National Drunk/Drugged Driving Month, December, approximately; twelve hundred “Have a Plan” app commercials were aired. We were reminding Monroe County residents about this important app that can make it easier to make the right choice to drive sober. The app information was aired 170 times on WHAM-TV, 748 times on Entercom Radio and 280 times on iHeartmedia Radio. In addition, there were promotions at Amerks and Red Wings Games sponsored by NYS STOP-DWI Foundation Inc., with a grant from NHTSA through NYS Governor’s Traffic Safety Committee (GTSC) and many social media venues were running the app message. Our goal is to raise awareness through media to prevent impaired driving crashes. We will continue to need the media support to keep this important message spreading in our community to save lives and quality of life.
Contact NYS STOP-DWI at www.stopdwi.org
Download the NYS Have A Plan App using the QR Code.
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STOP-DWI Program Victim Impact Panel Appreciation Dinner
STOP-DW DVD Contest Awards Ceremony Law Enforcement Conference
“Lights On For Life” Motorcade STOP-DWI Night at the Amerks Hockey Game
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DWI VICTIM IMPACT PANEL (VIP)
The Monroe County DWI Victim Impact Panel (VIP) consists of three or four DWI victims who address an audience of DWI offenders about the impaired driving crashes in which they experienced injury or a loved one was killed. A law enforcement officer may also serve as a panelist alongside the victims. The goal of the Panel is to deliver a message to raise awareness of the ripple effect of impaired driving with the intent to save lives. This does not replace conventional sentencing, but supplements it. The VIP is financially self-sufficient with fees collected which are allocated to the VIP Victim Advocate, Victim Honorarium, Probation, Law Enforcement, equipment, and other supporting expenses. The first DWI Victim Impact Panel was held in Monroe County in January 1992. The Panel is offered as a sentencing tool for all DWAI and DWI offenders and is open to the general public for educational purposes.
DWI VICTIM IMPACT PANEL (VIP) VICTIM ADVOCACY PROGRAM
The Victim Advocate:
Provides support and counseling services to DWI VIP speakers
Provides outreach to DWI victims and informs them of resources available in the community
Coordinates and schedules speakers
Provides on-site counseling support to victim speakers
In 2016, the VIP Advocate attended 11 panels, providing 93 hours of support and 143 hours of counseling to victims of DWI. The VIP Advocate met with the county coordinator and provided assistance in program events. 175 hours were spent in administration, coordination of speakers, assisting with retreat for victims and outreach to potential speakers.
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LAW ENFORCEMENT According to New York State Law, an individual is Driving While Ability Impaired (DWAI) if his/her Blood Alcohol Concentration (BAC) is between .05 and .07. He/she is considered Driving While Intoxicated (DWI) if their BAC is .08 or higher. He/she is considered Aggravated DWI if BAC is .18 or higher. He/she is considered Driving While Ability Impaired by Drugs (DWAI-D) if the driver is impaired by drugs. In 2016, Monroe County DWI/DWAI arrests totaled 2,540 which is a decrease from the 2,574 arrests made in 2015. Monroe County Law Enforcement Agencies received a sum of $416,390 from the STOP-DWI Program in 2016 for use in their DWI enhancement enforcement efforts. Monroe County STOP-DWI Program received a grant in the amount of $110,986 for Crackdown Weekends from the NYS STOP-DWI Foundation which is a passthrough grant from the NYS Governor Traffic Safety Committee (GTSC) awarded from the National Highway Traffic Safety Administration (NHTSA). Monroe County received funding which supported Crackdown efforts during Super Bowl Sunday, St. Patrick’s Day, Memorial Day, 4th of July, Labor Day, Halloween, Thanksgiving and the December Holiday season.
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MONROE COUNTY ARRESTS BY LAW ENFORCEMENT AGENCY
AGENCY
January to December 2016
January to December 2015 %
Brighton Police Department 138 120 15% Brockport Police Department 75 54 39%
East Rochester Police Department 84 41 105% Fairport Police Department 50 13 285% Gates Police Department 165 174 -5%
Greece Police Department 278 235 18% Irondequoit Police Department 51 93 -45%
Monroe County Sheriff's Department 389 547 -29% New York State Police,* 460 470 -9%
Ogden Police Department 49 37 32% Rochester Police Department 756 732 3%
MONROE COUNTY FACT SHEET ON ALCOHOL AND DRUGGED DRIVING ARRESTS (TSLED Only)
Total, Alcohol-Impaired and Drug-Impaired Driving Tickets
2011 2012 2013 2014 2015
Total TSLED Tickets 97,278 91,937 93,817 96,617 92,011
Total Impaired Tickets (VTL 1192.1-4) 5,473 4,798 4,577 4,354 4,545
Alcohol-Impaired (VTL 1192.1-3) % of total impaired
5,378 (98.3%)
4,691 (97.8%)
4,441 (97.0%)
4,182 (96.0%)
4,379 (96.3%)
Drug-Impaired (VTL 1192.4) % of total impaired
95 (1.7%)
107 (2.2%)
136 (3.0%)
172 (4.0%)
166 (3.7%)
* Latest data available 2015 ** Traffic Safety Law Enforcement and Disposition (TSLED) System
NOTE: The data in the table above indicate the number of TSLED tickets issued while the graphs below capture the number of people arrested. It should be noted that more than one alcohol or drug ticket can be issued to impaired drivers in a single event.
Drivers Arrested for Impaired Driving by Day of Week: 2015 Alcohol Impaired Drug Impaired
7%7%
9%
11%
18%
26%
22%
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Source: NYS DMV Traffic Safety Law Enforcement and Disposition (TSLED)
System
15%
11%
13%
12%18%
20%
11%
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Institute for Traffic Safety Management and Research,
March 2016
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Drivers Arrested for Impaired Driving
Drivers Arrested for Impaired Driving by Gender: 2015
Drivers Arrested for Impaired Driving by Age: 2015
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OFFICE OF PROBATION – COMMUNITY CORRECTIONS
The Monroe County Office of Probation -- Community Corrections received $126,000.00 from STOP-DWI in 2016 to support services of two DWI Felony units. During 2016, these units supervised on average 870 felony offenders at any given point during the year.
The DWI Felony units are comprised of six Probation Officers who supervise offenders, two Officers who prepare DWI Pre-Sentence Investigations and two Senior Probation Officers who supervise offenders and have additional DWI related duties. Probation Officers assigned to these units maintain specialized caseloads in order to provide enhanced supervision. Officers in these units routinely surveil probationers to ensure that they are not driving without a valid license and/or without an ignition interlock device installed. Additionally, these Officers conduct unscheduled field visits and establish more frequent contact with Probationers and their family members. Officers closely monitor a probationer’s progress in treatment which is coupled with routine testing for the use of drugs or alcohol. On a quarterly basis, Officers check DMV records of DWI offenders to ensure they have not registered new vehicles without installing an ignition interlock device. Of the two Senior Officers assigned to these units, one is responsible for organizing DWI Surveillance details and maintaining statistics related to these details. Additionally, this Officer also records information related to the results of routine home visits such as the number of individuals who produce positive alcohol readings and the number of probationers who are found operating a motor vehicle without a valid driver’s license and/or without an Ignition Interlock installed. In 2016, DWI Officers conducted 1,558 home visits and established contact with probationers on 843 of those visits. On 52 occasions, probationers had positive blood alcohol contents. Officers also received collateral information about the probationer during 711 visits. The second Senior Probation Officer is the assigned Ignition Interlock monitor for Probation. On a daily basis, this Officer is required to review emails from Ignition Interlock providers and ensure that the assigned supervision officer receives information related to negative events such as a high blood alcohol reading during an Ignition Interlock test, reports related to circumventions and tampers and reports related to missed test prompts. This Officer assists in the preparation of quarterly reports for the State of New York regarding the number of offenders who are required to install the Ignition Interlock Device. Additionally, the Ignition Interlock Monitor Officer also provides assistance to Stop DWI in the coordination of routine Victim Impact Panels. The Officer helps in securing the location used for the panels and the dates that the panels will be held. At the end of the year, the Officer provides information needed for financial reimbursement to Stop DWI. The Officer solicits and selects volunteers to work at the Victim Impact Panel. Volunteers provide assistance at the registration tables and collect payments for the panel. Volunteers also have offenders submit to alco-sensor tests prior to being admitted. Additionally, we staff, when able, two License Plate Reader cars which are stationed outside the Victim Impact Panel site to monitor for offenders who drive to the panel without having a valid license to do so. This Officer’s salary is 50% funded by Stop DWI.
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Overall, the Office of Probation supervised a total of 2,038 DWI offenders during 2016 which included 1167 misdemeanor DWI offenders. Furthermore, our Office supervised 14 Vehicular Assault offenders, 2 Vehicular Manslaughter offenders, 3 offenders convicted of leaving the scene of an accident in which an injury resulted in death, and 109 Aggravated Unlicensed Operator offenders. As of March 21, 2017, this Office monitored a total of 599 offenders that were using Ignition Interlock Devices (203 probationers and 396 conditional discharge offenders).
In 2016 the Office of Probation collected a total of $ 410,764 in DWI fines.
Offenders Supervised by Felony DWI Team
Fines Collected in Thousands of Dollars
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Surveillance
Probation Officers frequently conduct surveillance on DWI offenders to ensure compliance with the conditions of probation. DWI Surveillance Details are assembled to target offenders deemed at risk for repeated offenses. The Details were conducted with the goal of enforcing conditions of probation prohibiting unlicensed operation of a motor vehicle and the consumption of alcohol. In 2016, 10 DWI Details conducted surveillance on 218 offenders. During these Details, 12 offenders were found to be in violation of their order and conditions of probation, one was charged with Aggravated Unlicensed Operator 1st. During office visits, Probation Officers conduct walking surveillances of probationers to see if they have driven to the building. Probationers are monitored at their homes, jobs, and other locations in the community during the day and night, weekdays and weekends.
Random Alco-sensor tests are routinely conducted during office and home visits on all probationers but especially those deemed to be a risk for potential alcohol abuse. Alco-sensor tests enable officers to confirm the absence or presence of alcohol and, if appropriate, to quickly intervene through either a Violation of Probation and/or suitable treatment alternatives. Urine-screen tests are also conducted in the office to detect the use of alcohol, marijuana, cocaine, amphetamines, benzodiazepines, and morphine-based drugs. Early detection and expedient intervention further protects the community and enhances public safety.
The Office of Probation and Community Corrections is committed to continuing surveillance of high-risk probationers convicted of DWI offenses. The Office remains highly motivated to pursue the mission of ensuring public safety through vigorous supervision of sentenced offenders, particularly those sentenced to probation for DWI offenses. Source: Monroe County Office of Probation-Community Corrections
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DISTRICT ATTORNEY’S OFFICE
The Monroe County District Attorney’s Office was provided with $126,000 in 2016 by the STOP-DWI Program for the prosecution services of DWI Assistant District Attorneys.
*Source: By Monroe County District Attorney’s Office. This figure includes AUO 1st cases in
which the defendant may not have also been charged with a DWI offense. Felony Case Activity for 2016 was categorized by the District Attorney's Office as follows: 1,042 Felony Arrests 122 Felony cases accepted by Pre-Trial Diversion Program 920 Cases kept for felony review (includes 31 defendants that failed, declined to
participate, failed to complete or later withdrew voluntarily from the Pre-Trial Diversion Program)
408 Misdemeanor Dispositions: Includes plea offers made on felony cases after
successful participation Pre-Trial Diversion Program, as well as misdemeanors due to no prior felony conviction
78 Pre-Trial Favorable Termination: Number of defendants successfully
completing the Pre-Trial-Diversion Program during the year #Number includes carryover from 2015
Felony DWI Diversion is a deferred prosecution program whereby all criminal proceedings are delayed while the client engages in a planned treatment program. The client is monitored in the treatment program over a six- to eight-month period. Participation is voluntary and clients must agree to immediately surrender their driver's license upon entering the program and pay a program fee, if financially able. Clients are screened through the District Attorney's DWI Bureau before referral to the Diversion program. Successful completion of Felony DWI Diversion is based on the client's ability to demonstrate significant attitudinal and behavioral change, and results in an offer to plead to a misdemeanor in satisfaction of the felony charge. If the client fails to follow through on the treatment plan and the Diversion contract requirements, the case is returned to court for prosecution. Diversion is offered only once. Pre-Trial Felony DWI Diversion received $58,140 in STOP-DWI funds in 2016. One hundred-twenty four cases were seen for intake in 2016. 78 cases or 77% of all terminations were closed successfully in the year. Pre-Trial Services is committed to providing effective intervention with multiple DWI offenders and will continue to measure the long-term outcomes for the Felony DWI Diversion Program.
WEEKEND DWI SENTENCE PROGRAM AT PRE-TRIAL SERVICES
Structured to provide a sentencing option for those convicted of DWI, the Weekend Sentence program offers an intervention-focused approach. Those sentenced to this program attend structured classes from Friday night through Sunday afternoon, addressing important issues such as alcohol abuse, personal responsibility and reducing risk-taking behaviors. Judges sentence offenders for a specific number of weekends. Clients are required pay a program fee, if financially able. Both attendance and client progress are monitored closely by the staff and reported back to the court. During 2016, 222 clients were sentenced to the program. Of those who completed within the year, 92% did so successfully. The average number of weekends spent in the program was seven. STOP-DWI funds supplied $112,860 to support this sentencing option in 2016.
Source: Institute for Traffic Safety Management and Research
2016* Preliminary Data.
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MONROE COUNTY ALCOHOL-RELATED CRASHES,
INJURIES AND FATALITIES
Source: Institute for Traffic Safety Management and Research
*2016 Preliminary Data.
266
543516
537576
554549
15 13 11 15617
255215
287
253
270295
260276
284
262
281
0
200
400
600
800
2011 2012 2013 2014 2015 2016*
CRASHES FATALITIES INJURIES REPORTABLE PROPERTY
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MONROE COUNTY 2016 MOTOR VEHICLE FATALITIES
According to information received through the Monroe County Medical Examiner's Office, there were a total of 47 Traffic Fatalities in Monroe County during 2016, twenty-six or thirty percent were alcohol or other drug-related.
In order to determine alcohol/other drug involvement, one or more of the following Department of Motor Vehicle guidelines was utilized:
Alcohol/other drugs were listed as a contributing factor on the police report A summons was issued for drinking and driving, and/or A driver, pedestrian, or bicyclist fatality was found to have alcohol or other drugs
present.
MONROE COUNTY 2016 MOTOR VEHICLE FATALITIES
TOTAL
FATALITIES
ALCOHOL / OTHER DRUGS PRESENT
FATALITIES
% ALCOHOL PRESENT
Drivers 15 4 27%
Passengers 3 0 00%
Motorcycle 12 4 33%
Pedestrians 13 4 31%
Bicyclists 2 0 00% Unknown Position in Auto 2 0 00% Persons Charged w/impairment
3 20%
TOTAL 47 15 32% Source: Monroe County Medical Examiner’s Office, Monroe County Office of Traffic