Traffic crashes are rarely “accidents”.
Minnesotans for Safe Driving support enhancing the penalty for causing non-alcohol related fatal and serious injury crashes
Even though no one plans to cause a crash; that would be attempted murder, the reality is that most drivers don’t drive safely nor do they obey all the traffic laws. When a crash happens, it is perceived to be “a tragic accident.” An accident is defined to be “an unexpected or unintended happening.” When a driver violates traffic laws or chooses to not pay full attention to driving, the results of those actions are not an accident. At one time drunk driving was acceptable, just an accident, and over 50% of fatal crashes were alcohol related. That started to change when victims and those who didn’t want to be victims of these crashes said “This is not acceptable, it has to stop!” These advocates pushed the Legislatures across the country to create and strengthen laws to make them address the seriousness of drunk driving and they also went to the public to encourage them to change behaviors. It was a difficult process but it is working and now instead of 50% alcohol involvement it is down to less than a third of fatal traffic deaths; 32% last year in Minnesota. Thousands of lives were saved because of this change in attitude and policy, maybe even yours. Now this change needs to happen with non-alcohol related crashes. Minnesotans for Safe Driving along with many other groups want to strengthen the penalty for causing these crashes but more than that, these groups wants to stop them from ever occurring. We believe a two prong attack is needed to save lives.
Recently an article in the StarTribune called “Deadly Acts, Lightly Punished”; by Heron Marquez Estrada http://www.startribune.com/local/131430068.html drew hundreds of comments on the StarTribune internet page. These comments sounded very much like the comments in the early 80’s about drunk driving. Many said “these are just accidents, why should we penalize accidents, that won’t change driving behavior”. That is not true, laws and their penalties do change behavior, look at drunk driving. Many of the people that wrote in didn’t understand the changes being asked for. They thought the change would throw everyone who is involved in a fatal crash in prison; that is not true. Today many of these crashes are either not charged or the driver or drivers are given tickets for traffic violations even when death or injury occurs. That may not change. Today when a prosecutor believes that one of the drivers was criminally negligent and a death or serious injury results, that prosecutor is only left with the option of charging a misdemeanor careless or reckless driving the same charge the prosecutor would give without a crash happening for violations of traveling at high speeds, crossing the centerline in a dangerous way, weaving in and out of traffic recklessly, no insurance, not stopping at a railroad crossing, not moving over for emergency vehicles and stopped police cars, texting, and not having proper safety equipment to name some. All of these are dangerous driving behaviors that could cause a crash but when they do, the penalty stays the same. The law doesn’t allow for it to be increased for the death or serious injury except in rare cases where gross negligence can be proven (defined as very great negligence or driving without even scant care) and then a felony could be charged which could result in a prison sentence. A misdemeanor sentence is less than 90 days in county jail and the sentence is usually weekends in jail, home monitoring or community service.
Traffic crashes are mostly avoidable, but as long as the public sees them as “accidents” the public is less likely to doanything to change their behavior. Change needs to be made in the Legislature and in the realm of public opinion.
The first step is to stop calling them ACCIDENTS!!!!!
Our criminal laws in every area are written to enhance the penalty for the crime depending on the cost of the property stolen or damaged, or the physical damage or death done to a person except in non- alcohol related crashes. A first time DWI is a misdemeanor unless that first time offender kills or injures a person while driving impaired. If a death occurs it is Criminal Vehicular Homicide, a level 8 felony; a serious injury is a level 5 felony and bodily harm is a gross misdemeanor. What we are asking for is an enhancement of the penalty for non-alcohol related crashes to a gross misdemeanor if the case meets the standard for a misdemeanor careless or reckless and the result of the crash was a death or serious injury. A gross misdemeanor conviction does not allow for any prison time and the maximum jail time that could be given is one year in the county jail. If any jail time were given it would probably be on work release or home monitoring. Dakota County Attorney Jim Backstrom wrote in his Opinion Piece for the StarTribune, “Fixing this problem by increasing the penalty to a Gross Misdemeanor when a negligent driver takes unreasonable risks and someone dies as a result properly takes into account the long term impact of the careless driver’s conduct. Making this change is the right thing to do, and it is in the interests of justice and personal accountability. The issue is not about winning……it is about seeking more appropriate justice on behalf of the family members who have lost a loved one in one of these preventable tragedies.” Read his full response at http://www.startribune.com/opinion/otherviews/132018298.html
Increasing the penalty to a gross misdemeanor from a misdemeanor both shows the victims of this crime that the justicesystem and society recognizes that a serious crime has occurred, but it also tells the offender that his/her behavior was more than just an accident.
We need the public’s help in this movement to decrease traffic crashes. Everyone needs to first buckle-up, it’s your first line of defense against the careless and distracted driver, and secondly drive as if your life depended on it; it does. Next, contact your legislator to do their part and pass the enhancement legislation that will be submitted to the 2012 legislature.
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click here for Dan's story  Barb and her son, Dan |
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Impaired drivers are, as is well-known, quite dangerous to themselves and others. Further, impaired drivers generally find it difficult to stop using. This, of course, is the sad nature of addiction. The Safekey company has developed a tool to help clients become more aware of their consumption and to most likely prevent an impaired driving arrest. The SafeKey is a unique ignition key immobilizer that prevents a vehicle engine from starting if the driver is unfit to drive safely. It does not require you to blow into a tube but requires an impairment test of following random light flashes. The SafefKey System is categorized as a prevention device – it deters persons who are impaired from driving in the first place – until they are suitably unimpaired. In a real sense it is not only an "early warning system" that just costs a few hundred bucks, but it's also a true interlock device that deters a DWI before arrest and/or crash. The anti-impairment function of the SafeKey is based upon the universal fact that one’s rate of reaction to stimuli drops as impairment increases. The increasing delayed reactions occur regardless of the reason for impairment: alcohol, drugs, sleep deprivation or advanced age. Thus, the SafeKey merely assesses a person’s stimulus-response time. If the delay becomes enough to cause danger, the vehicle cannot be started. On the other hand, if the extra delay is minimal, the car can be started. The SafeKey system consists of two solid-state sub-components: the Check Module (usually attached to the key-chain) and an Immobilizer that is installed in the vehicle. When a correct microwave command is transmitted from the Check Module which administers an easy and rapid 2½ second test, the car can start. Again, if undue impairment is measured by the Check Module, the user must wait an hour before trying again (actually, three opportunities are offered in a row to make up for ‘honest fumbles’). Further, if a potential car thief attempts to steal a vehicle equipped with a SafeKey system, the thief cannot start the car without the Check Module and even if they had the module they would have no idea how to complete the test. This makes your car more anti-thief. Check out the website www.safekeycorporation.com to learn more about this device. It is perfect for those social drinkers who want to make sure that they will not accidentally drink a little too much one night. Minnesotans for Safe Driving are not endorsing this device, but see it as a tool to prevent impaired driving. |
Why the SafeKey System makes sense for you|
DISTRACTED DRIVING-- ARE YOU AT FAULT? Talking on your cell phone, texting, eating, putting on makeup, looking away from the road, etc., etc., etc., THESE ARE ALL FORMS OF DISTRACTED DRIVING and they are becoming the leading cause of death and injuries on our roadways. Right now Minnesota has a law against texting
by ANY driver and all cell phone use is against the law for those on a provisional license . The other forms of distracted driving are not against the law except when a crash happens. BUT, is a life worth picking up that CD from the floor, putting on your makeup, communicating or texting while driving!!! Do you want to be in the position to have to apologize to the victim’s family in court or cause suffering to your family when they are notified of your death or the suffering you may have to go through because of the serious injury that you caused yourself. Society now believes that impaired driving is unacceptable but driving impaired is not just driving under the influence of alcohol or drugs, it is driving while you are over stressed, distracted, or overly tired. Driving has become a habit and a “secondary” activity. This is wrong!Driving must always be your number one priority. A lot of talk surrounds the issue of cell phone use while driving. Many people think that hands- free cell phone use is the answer. According to every study I have seen, the problem is with the intensity of the conversation not how the phone is being held. Of course looking down to dial a number is distractive as is anytime your eyes leave the road. All of us over the age of 25 managed just fine for our entire adult life not being available for contact 24/7. Of course it is helpful to be able to use that time in the car, which seems like wasted time, to do our work and family calls, but lives are at risk, and no call is worth a life. Minnesotans for Safe Driving is against the use of cell phones for calls or texting and all forms of distraction while driving. For more information on distractive driving, besides our website, go towww.distraction.govandwww.focusdriven.org |
NEWS RELEASE
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January 04, 2012
ST. PAUL — Traffic crashes in Minnesota claimed the lives of 349 people in 2011, according to preliminary reports from the Minnesota Department of Public Safety (DPS) Office of Traffic Safety. The figure represents a 38 percent reduction in deaths since 2001, and a fourth consecutive annual decline in fatalities.
DPS projects the final total — available in early summer as additional crash reports are submitted — to be around 11 percent below the 2010 figure (411) and the lowest since 1944 (356).
“The continuing reduction of preventable traffic deaths is a true Minnesota success story that every motorist has supported and played a critical role in achieving,” says Donna Berger, DPS Office of Traffic Safety director. “This progress demonstrates that the epidemic of hundreds of tragedies does not have to be our annual reality.”
DPS officials note positive driver behavior is propelling the progress. Seat belt compliance is at a record high 93 percent while alcohol-related fatality and injury crashes, and DWI arrests continue to drop.
Other factors include traffic safety legislation, such as primary seat belt law; enhanced enforcement coupled with education efforts; effective MnDOT, county and local engineering improvements; and efficient emergency trauma response. Officials also credit safer vehicles for the trend.
A critical statistic to determine road safety is the death rate per 100 million vehicle miles traveled (VMT). DPS estimates the 2011 VMT will be 0.65, which would be the lowest ever for Minnesota. In 2010, the state VMT fatality rate was less than one person (0.72) — the second lowest in the nation, surpassed only by Massachusetts — and down from a rate of 5.52 in 1966.
Since 2000, the state’s annual traffic deaths have trended downward: in 2000 there were 625 deaths: 2001 — 568; 2002 — 657; 2003 — 655; 2004 — 567; 2005 — 559; 2006 — 494; 2007 — 510; 2008 — 455; 2009 — 421; 2010 — 411.
Preliminary 2011 Traffic Statistics:
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The preliminary 349 fatality count includes motorists (276 — down from the final 305 number in 2010), motorcyclists (37 — down from 45); pedestrians (32 — down from 36); and bicyclists (four — down from nine).
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2011 preliminary DWI arrests — 24,671. There were 29,918 DWI arrests in 2010. The preliminary DWI arrest count will grow as alcohol-concentration data is finalized. Crash data regarding alcohol-related deaths will be reported later this year. Each year, alcohol-related crashes account for more than one-third of the state’s total death count. In 2010, there were 131 alcohol-related deaths, the lowest death count on record since being tracked in 1984.
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2011’s deadliest months — July (46), October (46) and August (35). The safest months were January (15), March (19) and April (22).
DPS officials say stronger DWI sanctions, effective since July 2011, will support the trend of fewer alcohol-related incidents in 2012. These new DWI sanctions apply to all repeat DWI offenders, as well as for first-time DWI offenders with a 0.16 and above alcohol-concentration level. Under these sanctions, offenders must use ignition interlockfor at least one year or face at least a year without driving privileges.
Interlock is connected to a vehicle starter and requires the driver to provide a breath sample below 0.02 alcohol-concentration in order for the vehicle to start.
The state’s traffic safety efforts are driven by its core traffic safety initiative, Toward Zero Deaths (TZD). A primary vision of the TZD program is to create a safe driving culture in Minnesota in which motorists support a goal of zero road fatalities by practicing and promoting safe and smart driving behavior. TZD focuses on the application of four strategic areas to reduce crashes — education, enforcement, engineering and emergency trauma response.
Driving Minnesota Toward Zero Deaths.
Traffic safety is why we are Minnesotans for Safe Driving. Most of our members have experienced firsthand what happens when the driving public doesn’t put traffic safety first.
We developed this website to bring “up close and personal” the stories of how drunk driving, distracted and careless driving destroy lives; whether to the victim and their family or the family of the driver who caused the crash.
You'll find recent impaired driving statistics and many drunk and drugged driving facts to prove why choosing to drive impaired in any way is so dangerous. It will help you understand the workings of the court system, what rights victimshave in the courts, teen and parent issuespending legislative issues and many more informational articles, facts, programs and links to related websites. This site will also inform you about what educational resources MSD has to offer plus training they can provide in Death Notification, and Returning to Work after Bereavement.
MSD has Crash Cars available for events and operates Victim Impact Panels in four different counties. The site also has information and support for those dealing with the trauma of a loved one who was involved in a serious crash.
We hope that after visiting our site, you have learned more about our organization and some very important drunk driving and careless driving facts that will reinforce your commitment to drive “Safe and Sober”.