Objectives 10/16/2017. The Walking DEAD: : Pedestrians, Vehicles, and Impairment

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1 The Walking DEAD: : Pedestrians, Vehicles, and Impairment Drunk Pedestrian FAILS Objectives Overview the problem of impaired pedestrians Describe existing laws governing pedestrians and public intoxication Describe changing attitudes towards impairment List ways that municipal courts can educate the public on impairment issues and increase traffic safety 1

2 By The Numbers NHTSA Fact Sheets NHTSA Defines pedestrian as any person on foot, walking, running, jogging, hiking, sitting, or lying down who is involved in a motor vehicle traffic crash. Nationwide, 5,376 pedestrians killed and 70,000 injured in the U.S. in 2015 Alcohol Involvement Alcohol was reported in 48% of the crashes that resulted in pedestrian fatalities An estimated 34% of the fatal pedestrian crashes had pedestrians with a BAC of.08% or higher! 15% had drivers with a BAC of.08% or higher! Question: 34% + 15% 48% Drugs? 2

3 TEXAS 1.95 pedestrian fatalities per 100,000 people ranks #10 (as in, 10 th worst) Any guesses at #1?? FLORIDA (3.10) 3

4 There are 34 cities in the U.S. with > 500,000 Ranking Pedestrian Fatality Rates Per 100,000 in 2015: 1. Detroit (6.79) 2. Dallas (4.31) 7. Austin (3.43) 9. San Antonio (2.93) 13. Houston (2.7) Any Guesses on the Lowest Rate among these 34 cities?? BOSTON (.75) I 35 THE LAW Pedestrian Laws Trans. Code 551 & 552 Public Intoxication Penal Code

5 PED DUTIES TC : Must follow traffic signals (e.g. red lights) TC : Must follow control signals TC : Proceed on the right half of the crosswalk if possible TC : Must use sidewalk when possible, not road TC Crossing at Point Other Than Crosswalk (a) A pedestrian shall yield the right of way to a vehicle on the highway if crossing a roadway at a place: (1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or (2) where a pedestrian tunnel or overhead pedestrian crossing has been provided. (b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk. (c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device. Rules of the Road Penalty for these Class C Misdemeanors ( ): $1 $200 PED Duties (cont.) TC (3): Pedestrian is a person on foot Ch. 551: Bicycles, motor assisted scooters, golf carts, electric bicycles What about skateboarding? Rollerblading? Public Intoxication PC 49.02: A person appears in a public place while intoxicated to the degree that the person may endanger the person or another A premises licensed or permitted under the Alcohol Beverage Code is a public place Case law also says that places like Wal Mart parking lots are public places 49.02(b): A defense to prosecution if the alcohol or other substance was administered for therapeutic purposes and as part of the person s professional medical treatment by a licensed physician. Class C Misdemeanor 49.02(d): Cannot be a lesser included offense for DWI 49.02(e): Under 21 Public intoxication is a Class C (penalty found in ABC Sec : fines, alcohol awareness classes, community service.) 5

6 Minor Infractions Minor Infractions? Class C Misdemeanors in Texas have been characterized/minimized as minor offenses. These are very, very minor offenses Jonathan Smith, former Chief of Special Litigation Section, DOJ Civil Rights Division 6

7 These low-level courts (are) the darkest corners of the criminal justice system. They handle common traffic and other petty offenses The penalties are so small-fry (that) judges aren t required to provide lawyers Jennifer Laurin, UT Law Professor New York Legislation HB 1999 (Did Not Pass) Would decriminalize five alcohol related offenses for under 21 year old minors: purchasing, attempting to purchase, consuming, possessing, and age misrepresentation. Penalty would be $500 or hours of community service, but oddly, a third infraction would become a criminal offense. HB 81 (Did Not Pass) One ounce or less or marijuana would become a civil penalty only, amount not to exceed $250. So, you can no longer be arrested for this amount, just a citation, and any action to collect the fine due would be civil. Before imposing a civil penalty here, the court MUST determine if the person is indigent! If yes, then they can order up to 10 hours of community service. 7

8 Travis County Sobriety Centers What Can YOU do? Code of Judicial Conduct Canon 4(B)(1) Activities to Improve the Law. A [court] may: speak, write, lecture, teach and participate in extra judicial activities concerning the law This is express permission! There is no conflict with your judicial obligations! 8

9 Available Resources Notebooks Stickers Coloring and Picture Books Informational Brochures Pocket Constitutions Posters DVDs Drunk Goggles The Impaired Driving Legislative Packet Free Advice: Adjust Your Mirrors! DWI Loteria Ned Minevitz TxDOT Grant Administrator and Program Attorney