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FOCUS ON REDUCING IMPAIRED DRIVING AMONG YOUTH
Gary TeelerTexas FRIDAY Program
The mission of the FRIDAY program is the prevention of underage impairment and,
ultimately, underage impaired driving through increased training.
It is funded through the Texas Department of Transportation and provided free of charge.
STATISTICS• In 2010, underage drinking cost the state of Texas $6billion.
• Youth violence (homicide, suicide, aggravated assault)and youth traffic crashes attributable to alcoholrepresent the largest costs. This is followed by costsassociated with high risk sex, property crime, youthinjury, poisoning and Psychoses, Fetal AlcoholSyndrome in teen mothers and youth alcoholtreatment.
• This translates to a cost of $2,423 per year for eachyouth in the State or $3.35 per drink consumedunderage.
THE PROBLEM OF UNDERAGE DRINKING
WHY ARE WE HERE?
VIDEO: MAUREEN CRASH VIDEO
CONTRIBUTING FACTORS TO UNDERAGE FATALITIES
• Lack of driving experience also puts young drivers atincreased risk. They are less able to scan their environmentand detect or recognize imminent hazards.
• In addition, after they have been drinking, young driverstend to engage in very risky behavior. For example, they aremore likely to drive 20 or more miles over the speed limit,run red lights and make illegal turns.
• They are less likely to wear safety belts.
WHY DO MINORS DRINK?
SOCIAL INFLUENCES
• 70% of prime time television shows depictalcohol use.
• 90% of the 200 most popular movie rentalsdepict alcohol use.
• The alcohol industry spends billions of dollarsevery year on advertising.
• One‐half (1/2) of all rap recordings containalcohol references.
VIDEO: CAPTAIN MORGAN'S
NEGATIVE CONSEQUENCES
VIDEO: ALCOHOL AND BRAIN DEVELOPMENT
BRAIN DEVELOPMENT IN TEENAGERS• The brain grows and changes continually in young people and it
is only about 80 percent developed in adolescents. The lastsection to mature is the frontal lobe, responsible for thingssuch as reasoning, planning and judgment. Maturation occursaround 25.
• Alcohol reduces the level of serotonin in the brain. One ofserotonin’s most important roles is to help control impulses.This is why drinking teens often engage in foolish, irresponsibleand dangerous activities.
• Alcohol‐induced memory impairments, such as "blackouts," areparticularly common among young drinkers because of theirbrain’s reduced ability to adapt to new conditions.
MIDDLE /HIGH SCHOOL STUDENTS
• Alcohol is considered a “gateway” drug meaningearly use is a predictor that an adolescent will tryother substances.
• In Texas, 1 in 4 students had their first drink beforethe age of 13.
• 17% of Texas high school seniors said they havedriven after having several drinks and 34.7% rodewith a driver who had been drinking alcohol.
COLLEGE STUDENTS
• 25% of Texas college students binge drink.
• Freshmen are at the greatest risk for alcoholrelated deaths. The majority of freshmendeaths (11 out of 18) occur during the firstsemester.
POPULAR TRENDS
• Energy Drinks
• Tampons
• Gummy bears
• Soaking candy
• Fruit
• Smoking Alcohol
ENERGY DRINKS CONTAINING ALCOHOL
• Effects: Contain caffeine and other herbal stimulants.Alcohol volume varies between 6% and 12%. One 23.5can may contain nearly a six pack of beer’s worth ofethanol. User is less aware of intoxication because ofthe caffeine.
• Examples: Four Loko, Joose, Full Tilt
• FDA issued a ban on these drinks in November 2010specific to the addition of caffeine. Some stores maystill sell them in certain parts of Texas. Teens maymake them on their own or find them online.
TAMPONS
• Soak tampons in vodka
• May be inserted vaginally or in the rectum
• Allows alcohol to enter the bloodstream fasterthan the acid protected gastrointestinal tract
• There is no way for the body to eliminate theexcess alcohol and no way for them to gaugehow much they have really consumed
• Breath does not smell like alcoholVIDEO: LIQUOR SOAKED TAMPONS
GUMMY BEARS
• “Drunk bears”
• Pour liquor such as vodka over gummy bearsin a dish
• Let them sit for a couple of hours or overnight
• Gummy bears will soak up the liquor andexpand in size
• May also use gummy worms or red fish
• Don’t realize how much they are ingesting
CANDY SOAKED VODKA
• Use skittles, jolly ranchers, starburst orpeppermints
• Separate the candy by color and put in jars orwater bottles
• Pour in vodka and agitate until the skittles aredissolved
• Let the mixture sit for a day or two
• Filter through a coffee filter
• Refrigerate
VODKA SOAKED FRUIT
Students inject vodka into an orange with a syringe or soak watermelon with vodka so that they can consume the fruit in class or on school
grounds without detection.
SMOKING ALCOHOL• Alcohol is poured over dry ice and inhaled
• Alcohol is poured into a bottle, the bottle is corked, and a bicycle pump needle is poked through the top of the cork. Air is then pumped into the bottle in order to vaporize the alcohol and the user inhales.
• “Vaportinis” – Available at bars
• Dangerous because it is unknown exactly how much alcohol is being ingested directly into the bloodstream through the lungs. The alcohol isn’t metabolized or expelled through vomiting.
• Risk of lungs filling up with liquid.
911 LIFELINE LAW
• A law, based on the death of a college studentnamed Carson Starkey, passed by the TexasLegislature in 2011, means that a person under 21won't be charged by the police for possessing orconsuming alcohol if the person calls 911 becausesomeone might have alcohol poisoning.
• This limited immunity applies only to the first personto call for medical assistance, only if the callerremains on the scene until medical assistance arrivesand cooperates with EMS and law enforcement.
CARSON STARKEY
Starkey, an 18 year old from Austin and a freshman pledge at CaliforniaPolytechnic University, died after a hazing incident in December 2008.Starkey passed out after being told to drink two 24 oz cans of Steel Reserve,1 can of Sparks and part of a bottle of Everclear within 90 minutes. Hisfraternity brothers put him in a car to take him to the hospital (afterremoving his pledge pin) until he started to vomit so they took him backhome to sleep it off. He was found unresponsive the following morning.According to investigators, his blood alcohol level was between .39 and .44 –the content equivalent to surgical anesthesia.
“Don’t Drink and Drive” is ingrained into our society but should be
expanded to include all impairments.
DRUG USE AMONG YOUTH
DRUGS AND UNDERAGE DRINKERS
• Of all youth surveyed who were heavydrinkers, 70.4% were current illicit drug users.
• 9.4 million persons (3.7% of the population)aged 12 or older reported that they droveunder the influence of illicit drugs during thelast year.
COMMONLY ABUSED SUBSTANCES• Marijuana
• Medication
• Synthetics
• Inhalants
• Mushrooms
• Ecstasy
• Herbs and Plants
• Cocaine
• Heroin
GATEWAY DRUGS
• The term, “Gateway drug” used to refer to alcohol and cigarettes. It was extended to include marijuana in the 80s.
• According to experts, there is no conclusive evidence that the drug effects of marijuana are causally linked to the subsequent abuse of other illicit drugs and marijuana is no longer seen as a gateway drug.
• Do you agree?
MARIJUANA(Duration of effects: 2‐3 hours but up to 24 hours)
What an officer might see:
• Body tremors
• Eyelid tremors
• Sleepiness
• Increased heart rate
• Paranoia
• Hallucinations
• Panic attacks
• Psychosis
• Debris in mouth
• Relaxed inhibitions
• Impaired perception of time and distance
• Disorientation
GATEWAY DRUGS
• It is becoming more common for over the counter and prescription medication to be considered gateway drugs
Do you agree?
MEDICATION
1. Psychostimulants
2. Anti‐anxiety tranquilizers
3. Opiods
4. Over‐the‐Counter
PSYCHOSTIMULANTS
• Although stimulants, these drugs have a calming andfocusing effect on those with a hyperactivity disorder.
• Those without ADHD use the drugs for the stimulant effect.They increase the amount of circulating brain chemicals thatraise blood pressure and heart rate, speed up breathing,decrease appetite, increase concentration, gives a sense ofeuphoria and causes insomnia.
PSYCHOSTIMULANTS(Duration of effects: 4‐8 hours)
What an officer might see:
• Body Tremors
• Restlessness
• Talkative
• Exaggerated reflexes
• Anxiety
• Irritability
• Grinding teeth
• Loss of appetite
• Cardiac irregularities
• Convulsions
• Seizures
• Dry mouth
Examples:
•Xanax (aka “Xannies”, “Handle Bars”, “Bars”)
•Valium
•Ativan
ANTI‐ANXIETY TRANQUILIZERS
ANTI‐ANXIETY TRANQUILIZERS(Duration of effects: 4‐8 hours)
What an officer might see:
• Uncoordinated and/or fumbling
• Disoriented
• Sluggish
• Thick, slurred speech
• Sleepy
• Droopy eyelids
• Oversedation looks like alcohol impairment
OPIODS
A recent report from researchers at the Centers for Disease Control and Prevention found that each year, more people die from prescription painkiller overdoses than from heroin and
cocaine overdoses combined.
Examples:
• Vicodin
• Lortab
• Oxycodone • “Hillbilly Heroin”
• “OC”
• “Oxy”
• Codeine (aka “Purple Drank”)
OPIODS
OPIODS(Duration of Effects: Varies)
What an officer might see:
• Low, raspy slow speech
• Dry mouth
• Euphoria
• Sensory distortion
• Droopy eyelids
• Drowsy
• Constricted pupils
• Itching
Examples:
1. Dextromethorphan (DXM)
Brands: Robitussin (aka“Robo”,“Triple C’s”,“Skittles”)
2. Sleeping Pills/Allergy Medication
Brands: Sominex, Benadryl
3. Doxylamine
Brands: Unisom, Nyquil
OVER‐THE‐COUNTER MEDICATION
OVER‐THE‐COUNTER MEDICATION
Effects:
• Similar to alcohol impairment
• May have mild hallucinations
PHARMING PARTIES
During these parties, students take whatever drugs and medications that they can get and combine them in a bag or bowl. They take
handfuls at one time without knowing exactly what they are taking and what interactions the drugs may have when mixed together.
SYNERGISTIC EFFECT• A biologic response to multiple substances where one
substance worsens the effect of another substance. Thecombined effect of the substances acting together is greaterthan the sum of the effects of the substances acting bythemselves.
• This is a common concern involving college age students thatfrequently mix alcohol with substances or various substancestogether.
• Poly drug use is becoming very popular as students mixmultiple “uppers” and “downers” in order to maintain aconsistent high.
• Happens during “Pharming Parties”
SYNTHETIC DRUGS
• Drugs that mimic the effects of marijuana, cocaine and LSD.
• In many cases, the effects might be stronger and more unpredictable.
• Examples: K2 or Spice aka “fake weed”
Bath Salts aka “fake cocaine”
• DEA has banned the chemicals used to make these products.
SYNTHETIC HIGHS UNDER POCS
• As laws were in place to deal with the possession ofMarihuana and other drugs, designer drugs weredeveloped to get around those laws.
• Designer drugs were developed using chemicalswhich were not listed in any of the Penalty Groupsunder the Controlled Substances Act, therefore theuser need not worry about criminal charges if caughtwith the possession of the designer drug.
SYNTHETIC HIGHS UNDER POCS
• In 2011, the 82nd Legislative session addressed thisissue and added these chemicals to the ControlledSubstance Act.
• Penalty Group 2‐A was created, which listed thechemicals contained in the K2 and Spice as well asothers, which contain chemicals mimicking the effectof Marihuana.
• Possession Charges start at a Class B Misdemeanor andincrease to Felony 1, depending upon the weight of thesubstance.
• Manufacture / Delivery Charges apply as well
SYNTHETIC HIGHS UNDER POCS
• The 82nd Legislative session also included thechemical compounds used to make Bath Salts andrelated designer drugs in the Penalty Group 2.
• Possession of these chemicals (drugs) begins at aState Jail Felony offense and increase in penalty asthe weight of the substance (including adulterants)increase.
• Also has enhancements for the possession of such in“Drug Free Zones”
Examples:
• Nitrous Oxide (aka: laughing gas, whippets)
• Dust Off
• Cooking Spray
• Spray Paint
• Glue
INHALANTS
INHALANTS(Duration of effects: very short)
What an officer may see:
• Feels like being drunk with dizziness, dreaminess and fits of giggles
• May cause hallucinations
• Constricted pupils
• Possible nausea
• Disorientation
• Confusion
• Bloodshot watery eyes
• Lack of muscle control
• Flushed face
• May leave a rash around the mouth
INHALANTS
Methods of Ingestion:
• Sniffing through the nose
• “Huffing”‐inhaling fumes through the open mouth
• “Bagging”‐spraying the substance into a bag and placing the bag over their head
• “Dusting”‐inhaling compressed air from sprays used for cleaning computer keyboards.
MUSHROOMS
• Contain hallucinogenic properties and alter states ofconsciousness.
• May be eaten raw or cooked, made into a tea orsoup and drank, or ground into a powder andsmoked, often on top of marijuana.
• Side effects include stomach pain, increased heartrate, nausea/vomiting, diarrhea, anxiety/panicattacks, mental disorders, flashbacks and impairedjudgment.
MDMA(ECSTASY)
• Psychoactive drug similar to methamphetamine andmescaline.
• Effects the neurons in the brain that use serotonin,by causing excessive release of serotonin. Thisproduces an energizing effect and feelings ofeuphoria, emotional warmth and distortions in timeperception and tactile experiences.
• Side effects include confusion, depression, insomnia,drug craving and severe anxiety.
HERBS AND PLANTS
SALVIAMay be purchased at a head shop or directions are available online for extracting and purifying the substance out of the plant that is smoked.
Effects:
•Uncontrollable laughter
•Lack of coordination
SALVIA LEGISLATIVE UPDATE
• Effective September 1, 2013, Salvia was added to Penalty Group 3 of the Texas Controlled Substances Act.
• Unless it is unharvested and growing in its natural state.
• Possession begins as a Class A Misdemeanor. VIDEO: SALVIA
JIMSON WEEDUser may eat the seeds or drink them in a tea. The entire plant is poisonous. The experience is typically described as unpleasant.
Effects:
•Hallucinations
•Dry Mouth
•Euphoria
MORNING GLORY
Must purchase untreated seeds to be eaten. The kind that is sold for planting is usually treated and will make the user sick to their stomach.
Effects:
•Similar to LSD
•Mood Swings
CONCEALING ON SCHOOL GROUNDSMany common, everyday items can be modified with hidden compartments and used to stash and conceal substances
CONCEALING ON SCHOOL GROUNDS
• Students may use soda cans, water bottles, WD‐40 cans, batteries, pens, clothing, etc.
• These items can be purchased at head shops, online or made at home.
CONCEALING ON SCHOOL GROUNDS
COUNTERFEIT IDENTIFICATION
VIDEO: BUYING BEER WITH FAKE ID’S
VIDEO: SUPER BAD
A person is required by law to show ID for buying alcohol if they appear to be
under what age?
WAYS TO OBTAIN A FAKE ID
• Computer Generated Documents
• Color Photocopies
• Altered Documents
COMPUTER GENERATED DOCUMENTS
• Easily counterfeited with the availability ofpersonal computers, quality printers, andlaminating machines.
• Information is changed and/or moved.
• Photo scanned and placed on document.
• Internet availability.
• Signs include dot matrix printing, inferior colorquality, and signs of lamination.
• Valid License with “Texas” Hologram:
• Counterfeit License with Dot Matrix Printing:
COLOR PHOTOCOPIES
• Altered photocopies re‐laminated
• Combination of computer and photocopy document
ALTERED DOCUMENTS
• Usually altered by changing either the photograph or other information (i.e. – date of birth)
PHOTOGRAPH
• Photograph should be part of the document and not an add on (feel for smoothness).
• Make sure the photograph is the same person who gave you the document.
• Look at the height on the license or ID and compare with the person presenting it.
SECURITY FEATURES ON THE DRIVER’S LICENSES ISSUED BEFORE APRIL OF 2009
BACKGROUND
• Magnify the background of the ID (not looking at the capital‐ just the white background)
• Valid DL’s are plain white
• Invalid DL’s will have red and blue dots (micro‐printing)
Back Ground: Magnify the background of the ID (not looking at the capital‐ just the white background)
Real DL‐ plain white Fake DL‐ red and blue micro‐printing
MICRO PRINT
“State of Texas”
MICRO PRINT
“Texas DPS”
“State Flag of Texas”
EXAMPLES OF FAKE SEALS
EXAMPLES OF FAKE FLAGS
JULIAN DATE AS USED IN THE DPS TRACKING NUMBER
Julian Date
DPS TRACKING NUMBER
• Julian date refers to the number of dayselapsed since the beginning of the year.
• The first 2 numbers on the left indicate theyear that the license was issued.
• The next three numbers are the Julian date orday of the year. Ex: February 1st is the 32nd dayof the year and is written 032.
• The last four number of the DPS trackingnumber should always equal increments of 10from 10‐30.
DPS TRACKING NUMBER
Example: 02186007733
02 is 2002
186 is July 5th
7+7+3+3=20
This driver’s license was issued on July 5th, 2002
*The middle 2 numbers reference the DPS camera location.
DPS TRACKING NUMBER
• If you see an old format with the first two numbersexceeding 09 then there is a problem because theupdated format was issued in 2010.
• If the next three numbers are higher than 365 (or366 for leap years) then there is a problem.
• Numbers should not reference a holiday becauseDPS is closed on holidays.
BACK OF THE OLD FORMAT DL:
1. A magnetic strip;
2. ‘Applicant specific’ information with Endorsements and Restrictions;
3. A Texas Roadside Assistance number (1‐800‐525‐5555);
4. Writable surface for applicant medical information
5. The letter i is missing the dot on top in the word “Directive”
Missing “I”
FAKE REVERSE
SECURITY FEATURES ON THE NEW
DRIVER’S LICENSE
MICROPRINT AROUND SKYLINE
“Capitol City Skyline”
PRINT AROUND BOTTOM
“Texas Lone Star State”
EMBOSSED DOB
Embossed DOB
OUTLINE OF STATE PERFORATIONS
UV ON FACE
BACK OF THE UPDATE LICENSE
Missing “I”
UV PHOTOGRAPH ON REVERSE
MISSPELLING
The area around the Capitol reads “State Capitol.” The word,
“Capitol” is intentionally misspelled in one location as
“Capital.”
SUMMARY OF SECURITY FEATURES*A list of security features is available as a handout
VALIDATION MARKS & MAGNETIC STRIP
• Most states put a seal, number, or signature that partiallycovers the photograph and the data.
• Seal, number, and signature should be complete.
• Seals should be representative of the issuing jurisdictionor agency.
• Dummy magnetic strips and bar codes may exist on afake ID.
BACK LABEL
• Check for misspelled words on the back.
• Check the writing and look for indicators inthe restrictions:
– NOT A GOVERNMENT RECORD
– FOR NOVELTY USE ONLY
– NOT AUTHORIZED
• Heavy scratching can be a sign that the personis trying to hide something.
UPDATED UNDER 21 LICENSE AS OF APRIL 2009
Effective June 1, 2001, applicants under 21 are issued avertical format license and/or identification card. Provisionallicensees will no longer be photographed with the side profile.
UPDATED UNDER 21 LICENSE
Embossed DOB
Rainbow Printing
State Outline Laser Hologram
Raised Numbers (on all new driver’s licenses)
EXAMPLES OF COUNTERFEIT DL
Flag Microprinting
Seal Microprinting
“No” donor
Dot Matrix Print
Julian date “852”
REAL
FAKE
REAL OR FAKE?
REAL OR FAKE?
REAL OR FAKE?
OUT OF STATE DL’S AND ID’S• Local clubs and bars have become proficient at recognizing fake Texas ID cards so more and more kids are using invalid out of state DL’s or ID’s.
• This is common around college campuses.
• The I.D. Checking guide is a valuable tool in detecting these.
• Remember attention to detail is key!
SOCIAL SECURITY CARDS
Microprinting “Social Security Administration”
UV Tags in paperColumns are raised
PASSPORTS
Passports are easily altered and should not be relied upon for verification of a person’s age.
INVESTIGATIVE TECHNIQUES &
PREVENTATIVE MEASURESFOR ANY LAW ENFORCEMENT AGENCY
WHY ZERO TOLERANCE?
• The alcohol involvement rate for young drivers,based on the total licensed driver population, istwice that of the over 21 age driver.
• The relative risk of a fatal crash for driversunder 21 is greater at low alcohol levels than itis for older drivers.
WHY ZERO TOLERANCE?
• Young drivers place a high value on theirdriver’s licenses, and the threat of licenserevocation has proven to be an effectivesanction for this age group.
• Studies also show that zero tolerance lawsleading to the loss of a driver’s license canreduce total alcohol‐related fatalities.
WHY ZERO TOLERANCE?
• Zero tolerance laws also complement existingstate laws prohibiting alcohol sales and serviceto youth.
• Young drivers are more willing to changebehavior patterns when assessed apunishment rather than when given a warning.
WHAT DOES WORK?• Community Coalitions ‐‐Perhaps the strongest approach for preventing
underage drinking involves the coordinated effort of all the elements thatinfluence a child’s life—including family, schools, and community. If thecommunity tolerates or even condones underage drinking and impaireddriving, it is very difficult to enforce.
• Raising the Price of Alcohol‐‐A substantial body of research has shownthat higher prices or taxes on alcoholic beverages are associated withlower levels of alcohol consumption and alcohol‐related problems,especially in young people. Alcohol excise tax rates for beer currentlystands at $0.20/gallon (The national average is $0.27/gallon). The lastincrease in tax rates occurred in 1984 (Texas) and 1991 (Federal).
• Raising the age limit from 18 to 21‐‐Increasing the age at which peoplecan legally purchase and drink alcohol has been the most successfulintervention to date in reducing drinking and alcohol‐related crashesamong people under age 21.
WHAT DOES WORK?• Zero Tolerance Laws‐‐ States that have passed “zero tolerance” laws have
experienced statistically significant reductions in deaths. When the firsteight States to adopt zero‐tolerance laws were compared with nearbyStates without such laws, the zero‐tolerance States showed a 21‐percentgreater decline in the proportion of single‐vehicle night‐time fatal crashesinvolving drivers under 21, the type of crash most likely to involve alcohol.
• Stepping up Enforcement of Law ‐‐Despite their demonstrated benefits,legal drinking age and zero‐tolerance laws generally have not beenvigorously enforced. Alcohol purchase laws aimed at sellers and buyersalso can be effective, but resources must be made available for enforcingthese laws.
• Keg Registration‐‐ A system requiring registration of beer kegs thatrecords information on purchaser’s identity.
WHAT DOES WORK?
• No Refusal Weekends – The law permits an officer to obtain
a warrant in order to conduct a blood draw if a breath test isrefused. The law also allows blood draws without a warrantwhen a motorist who has two or more prior DWI convictionsis stopped for suspected drunk driving; has a child in thevehicle; or causes even a relatively minor accident with injury.
• Working with the Media – One of the most important andeffective uses of the news media is to publicize enforcementefforts. Deterrence is strongest when people believe thatthey are likely to be apprehended.
MINOR STING OPERATIONS• Minors, acting under the supervision of police officers,enter into a licensed premise and attempt to purchasealcohol.
• A plain clothed officer should be inside the location at alltimes to witness the transaction and ensure security forthe minor.
• If the minor is able to obtain the alcohol, uniformedofficers will enter into the location and take enforcementaction.
• Minors should not be over 18 years old.
TEXAS VS. CAROL PHILLIPS
Defendant was convicted on her plea of nocontest in Fort Bend County to sale of analcoholic beverage to a minor. The Defendantlater appealed on the grounds that the minorused during the sting had trespassed on theDefendant’s property.
WHAT HAPPENED
On October 30, 1998, a 17 year old entered a barin order to attempt to purchase an alcoholicbeverage as part of an undercover operation atthe direction of her aunt, a TABC Agent. She wasaccompanied by another TABC Agent whowitnessed the events. Defendant sold a beer tothe 17 year old without asking for identification.TABC agents detained the defendant and issuedher a citation.
THE APPEAL
Defendant appealed to the Thirteenth Court ofAppeals claiming that the trial court judge improperlydenied her motion to suppress. The motion tosuppress was based on the fact that there was a signposted in the bar which prohibited any personsyounger than 21 years of age from being on thepremises. Appellant argued that the 17 year oldcommitted criminal trespass at the direction of theagents by remaining on the property despite theexistence of the sign.
THE APPEAL
In 2003, the court of appeals held that the trialjudge erred in denying the Appellant’s motion tosuppress. The court of appeals held that the 17year old was a trespasser under Texas Penal Code30.05 and that she was not an authorizedrepresentative of TABC, stating that the Codedoes not expressly authorize TABC agents torecruit minors to enter licensed premises for thepurpose of purchasing alcohol.
REVERSAL
In 2005, the Court of Criminal Appeals reversedthe opinion of the Thirteenth Court of Appealswriting, “It would be absurd for the Legislatureto pass such legislation allowing minors topurchase and possess alcohol to assist the TABC ifthey did not also intend for these minors to beable to have access to the targets of the stingoperations without being criminally liable fortrespass.”
*A copy of this case law is located in the back of your manual.
SHOULDER TAP STINGS• Minors, acting under the supervision of policeofficers, approach customers outside of a licensedpremise and ask them to purchase alcohol on theirbehalf.
• Minors clearly state that they cannot purchase thealcohol because they are under 21.
• Once a purchase is made on the minor’s behalf,police officers approach the purchaser and takeappropriate enforcement action.
VIDEO: SHOULDER TAPS
PARTY DISPERSAL
UNCONTROLLED PARTY DISPERSAL: WHAT SHOULDN’T HAPPEN
• Control the amount of partygoers fleeing thescene, which results in a call for assistance andpossibly a foot chase or two;
• round up the remaining party goers and try todetermine who lives at the location or at leastwho’s “in charge”; and
• issue citations or make arrests as appropriate andcontact parents of those who have been drinking.
CONTROLLED PARTY DISPERSAL: WHAT SHOULD HAPPEN
• Surveillance. Rather than responding directlyto the alleged party house, surveillance shouldbe initiated.
• Monitoring traffic. Appropriate enforcementof alcohol violations for individuals leaving theparty is encouraged to maintain the program’sintegrity.
CONTROLLED PARTY DISPERSAL: WHAT SHOULD HAPPEN
• Briefing. A briefing will be held to reviewcurrent department policy and develop atactical plan.
• Deployment. Teams should be established toprovide an outer‐ and an inner‐ perimeter.
• Scene Security. Once entry is made, attendeesshould be gathered into a secure area.
CONTROLLED PARTY DISPERSAL: WHAT SHOULD HAPPEN
• Processing. Processing should occur in threestages:
• the administration of a preliminary breath testand photograph of the subject,
• processing of citations, if issued, and
• arranging safe transportation from the party
PARTY DISPERSAL CASE LAW
GEORGIA V. EALUM2007
During the late night hours of October 31,2004, officers with the Lee County Sheriff’sDepartment were at a gas station when theyobserved several people standing outside atrailer across the highway who werescreaming and laughing. The officers decidedto go over to the trailer and ask theindividuals to quiet down in order to head offany noise disturbance complaint.
WHEN THE OFFICERS ARRIVED
The individuals who had been standingoutside all ran into the residence. Two of theofficers went to the front door of the trailer.The renter of the trailer, defendant Linda JoEalum, came out onto the front steps tospeak with the officers. The front door to thetrailer remained open as she talked withthem.
OFFICERS AT THE SCENE
While they were talking with the defendant, theofficers could see inside of the trailer andclaimed that they could smell alcoholemanating from the trailer although they couldnot see any bottles or cans of alcoholicbeverages.
OFFICERS AT THE SCENE
One of the officers later testified that he couldsee a large group of “young people” in thehouse who appeared to be between 18 and 21years old and in various states of intoxication.The officer concluded that there was anunderage drinking party going on in the homeand the officers then entered the residencethrough the front door without obtaining awarrant.
OFFICERS AT THE SCENE
As the officers entered the trailer, one ofthem said, “Okay, you’re all under arrest.”Approximately 15 people were found anddetained in the trailer. Everyone was orderedto present their driver’s licenses for inspectionand officers performed alco‐sensor tests.Those who tested positive for alcohol andwere underage were formally arrested andtaken to jail.
OFFICERS AT THE SCENE
The defendant began screaming at theofficers and would not get out of their way.She admitted to the supervising officer thatthere were underage people inside who hadbeen drinking but asked the officer to “lookthe other way.” She was arrested andcharged with furnishing alcohol to a minor,maintaining a disorderly house, andobstruction of an officer.
THE APPEAL
The defendant filed a motion to suppressarguing that the warrantless entry wasunreasonable under the Fourth Amendment.The trial court agreed and granted themotion. Therefore, the State appealed to theCourt of Appeals of Georgia.
THE APPEAL
The Court of Appeals agreed with theDefendant and the finding was upheld. TheCourt of Appeals noted, “Even if the officershad probable cause for the entry, warrantlessintrusion of a person’s home is prohibited bythe Fourth Amendment, absent consent or ashowing of exigent circumstances.” (Protectionfrom serious injury or death or prevention ofthe imminent destruction of evidence).
EXIGENT CIRCUMSTANCES
The court found no evidence of exigentcircumstances. The court, in a footnote, gave somefuture guidance to officers as to what may qualify asan exigent circumstance at a party call. “Nothing inthis opinion forecloses a finding of exigentcircumstances in a future case where there isevidence that one or more underage partygoerswas passed out from intoxication, are sufferingfrom alcohol poisoning, or are attempting to leavethe party in their vehicles while intoxicated,among other things.”
PREVENTION OF DESTRUCTION OF EVIDENCE
The court noted that there was no evidence.The deputies did not observe any bottles, cupswith alcohol or cans located inside or outside ofthe trailer. Even if the deputies had made suchobservations, the court, citing precedent inPennsylvania and Ohio, stated unlike acontrolled substance, containers and cupscontaining alcohol are not a type of evidencethat can be readily destroyed, as, for example,by flushing them down a drain or burning them.
PREVENTION OF DESTRUCTION OF EVIDENCE
Additionally, in an underage possession ofalcohol case, the State is not required toprove a particular level of intoxication, sothere was no danger of evidence dissipatingover the time that it would have taken toobtain a search warrant.
WHAT ABOUT THE INCRIMINATING STATEMENTS TO OFFICERS?
The defendant’s incriminating statementsabout underage drinkers being present at thehome were made while the officers were inthe process of effecting the unlawful entryand during a heated argument with thedeputies’ supervisor regarding the entry intothe trailer. As such, the court held that thesestatements were properly suppressed.
OBSTRUCTION OF AN OFFICER
The obstruction charge was dropped since itoccurred after the officers had unlawfullyentered the home.
CONCLUSION
Defendant’s motion to suppress evidencefound in her trailer was granted. The courtfound that the officers lacked probable causeto enter the home. The owner did not consentto the search and the court did not findevidence of underage drinking as proof ofexigent circumstance.
*A copy of this case law is located in the back of your manual.
SOCIAL MEDIA AS AN ENFORCEMENT OPTION
Popular Social Media:
• Vine
• Snapchat
• All of the account information including name, phone number and email should be fake
• When looking for a picture, find one on the internet that is attractive but not too conspicuous
• Post an extensive amount of pictures on your profile
• Slowly add friends.
• Never update your status or add new pictures.
• Do not interact with any of your “friends”
• Monitor the profiles of the “partiers'” or search “party” in the search bar at the top and Facebook will cross search this with any posts that your friends have made using the word “party”
• May also be used as an investigative tool in order to obtain information
• Twitter is also a popular media used by teenagers
• Twitter has a search engine at the top that can be used to search names, locations and keywords without creating a profile
• Many personal profiles on Twitter are private
• May require that a fake account is created in order to view the tweets
• Online photo and video‐sharing social network
• Instagram may be private and a fake account may need to be created in order to view the photos and videos
• Twitter and Instagram are increasingly becoming more popular than Facebook for teens and young adults
VINE
• Owned by Twitter
• Offers video sharing
• Supposed to be 17+ to use it
• Teens like to use it to create and share videos with their friends
• Accounts are semi‐public (similar to Facebook)
• You can view public videos but you would likely need to set up a fake account
SNAPCHAT
• Photo sharing tool
• Accounts are private
• Photos are deleted off of servers seconds after they are viewed unless tagged as a “story” by the user
• Teens like it because images are quickly deleted and therefore less likely to get them in trouble
• Could be used to send a photo of a person or meet‐up location
SOCIAL MEDIA TRACKING SOFTWARE
• Allows users to monitor social media based on customized parameters. Can track conversations, demographics, trending topics (upcoming parties), themes, etc.
• Popular software includes: Hootsuite, Sy Somos, Radian6, Lithium, Collective Intellect, and Snap Trends
• Free options are available
CONSIDERATIONS
• Run an extensive search on your alias name and picture before using it to make sure that it hasn’t been used before
• Use caution if logging in at home as the computer’s IP address can be traced
• Be careful not to portray yourself as the person pictured on your profile
• This can be very time consuming.
DRAM SHOP CASE STUDY:WHY IT IS IMPORTANT TO FOLLOW THROUGH
ON DWI INVESTIGATIONS
DRAM SHOP LIABILITY(Section 2.02 ABC)
Dram Shop is a legal term referring to a bar, tavern or the like wherealcoholic beverages are sold. Traditionally, it referred to a shop wherespirits were sold by the dram, a small unit of liquid (1/16 of an ounce).
The Texas legislature passed the Dram Shop Act in 1987. Under theTexas Dram Shop Act, there is a cause of action for providing, selling orserving an alcoholic beverage to an individual who was “obviouslyintoxicated to the extent that he presented a clear danger to himselfand others” or for a minor under the age of 18 who was knowinglyserved.
In Texas, anyone including minors can sue a drinking establishment fortheir own injuries sustained while intoxicated.
Cases are handled in a civil court. *Safe Harbor may apply*
ABDALLAH KHADER
BACKGROUNDOn February 20, 2009, Stewart Lee Richardson begandrinking at Applebee’s in Arlington around 6:00 p.m.An itemized receipt from Applebee’s shows that hepaid for 6 Bud Light bottles, 5 Coors Mugs, 4 Bud LightMugs, 2 Rumple mint shots, 2 Stoli shots, and 1 CaptainMorgan Shot at 7:41 p.m.
There were no witnesses at Applebee’s that placedRichardson in a state of intoxication and the employeesstate that he bought drinks for other patrons. Thebartender states that Richardson consumed four beersand one shot during his time there.
BACKGROUND
Richardson left Applebee’s at approximately 8:00 p.m.and went to Mr. B’s Sports Grill, also located inArlington.
Mr. B’s President, Jeff Cochran, stated that Richardsonarrived at approximately 9:00 p.m. and was at theestablishment for 30 minutes to one hour where heconsumed three (3) 24 ounce beers and two (2) shots.Mr. Cochran states that Richardson was not intoxicatedwhen he was in the bar and bought rounds of alcoholfor other patrons.
BACKGROUND
A receipt has not been located from his time at Mr. B’s. However, Richardson withdrew $200.00 from an ATM earlier in the morning and had $2.00 on him when he was booked into jail.
CRASH
• After leaving Mr. B’s, Richardson, driving a Ford F‐250, rear ended a 2003 Honda Accord carrying 2year old Abdallah Khader, his 17 year old brother andtheir parents.
• The force of the impact “obliterated” Richardson’struck and the back seat of the Accord. The entirefamily was wearing seat beats but the air bags didnot deploy and Abdallah was crushed in his car seat.He stopped breathing for a time and was initially onlife support. Doctors report that 80 percent of hisbrain was damaged by bruising and strokes.
CRASH
His brother was treated for broken bones andlacerations. His mother temporarily lostconsciousness and suffered hemorrhaging to thebrain. His father had to be extracted from thecar and suffered broken ribs and puncturedlungs.
CRASH
Witnesses at the scene report that Richardsonsmelled of alcohol, was slurring his words and couldbarely walk.
A responding officer stated that he could detect theodor of an alcoholic beverage on Richardson whohad glassy eyes and was having difficulty maintaininghis balance. Richardson told the Officer that he hadconsumed 7 or 8 beers at Mr. B’s.
ARREST
• Richardson refused to take the Walk and Turn Testbecause he stated that it was too windy. When giventhe opportunity to take the One Leg Stand Test,Richardson turned around and started walking to thepatrol car, stating that he was “ready to go to jail.”
• Richardson was placed under arrest for IntoxicationAssault at 11:34 p.m. Blood was taken at 11:54 p.m.His BAC was 0.25.
ARREST
• Richardson provided a written statement that read, “LeftApplebees, went to Mr Bees had about 4 or 5 drinks leftto go home. Two cars me one one my lane couldn’t stopin time, car changing lane. Accident, really feel bad, onecar left the spot. Black car which caused accident,couldn’t stop. Feel terrible. Hope everyone ok.”
• It was later discovered that Richardson had seven prior convictions for driving under the influence in four different states including one in Iowa that injured five people.
CIVIL ACTIONS
• Less then one month after the crash, Applebee’s lettheir permit expire.
• On September 30, 2009, TABC found that Mr. B’s sold toan intoxicated person and canceled their permit. SafeHarbor does not apply to Mr. B’s permit as Richardsonwas served by the owner/permittee.
• The family filed a civil lawsuit alleging that Applebee'sserved over 20 drinks to Richardson in approximatelytwo hours. A confidential settlement was reached.
CRIMINAL TRIAL
• Stewart Richardson is currently awaiting trial.
• His lawyers have argued that all of his previous convictions were misdemeanors. A judge agreed which limits his potential sentence to 20 years.
• Prosecutors have appealed and are seeking a life sentence.
• Abdallah, now 7 years old, remains in a permanent vegetative state.
ABDALLAH KHADER ACT AKA
“AGGRAVATED DWI”
• Increases DWI offense from a Class B to a Class A forthose with BAC 0.15 or higher “at the time the analysiswas performed.”
• Elevates the punishment range from a Third DegreeFelony to a Second Degree Felony for an IntoxicationAssault case where the victim suffers a brain injurythat leaves them in a persistent vegetative state.
The Consequences……
The consequences of impaired driving are tremendous. They include the potential for loss of life and debilitating injury.
Families and communities can be torn apart by these seemingly preventable tragedies.
The responsibility belongs to us all!
Contact Information
FRIDAY Program
www.texasfriday.org
Gary Teeler
Or
512‐389‐4596 – Office
