1THE LEL | April 2019 Issue

ADAPT Targets Aggressive Drivers in MarylandA speed-focused enforcement and education campaign is gaining public support and making progress toward curbing this deadly behavior.

LELTHELaw Enforcement Improving Traffic Safety

April 2O193 Turning the Page

4 Best Practices

6 Seat Belt Use Policy

7 A Friend & Champion

8 LEL Spotlight: Missouri

9 Partner Spotlight

10 From the Bench

11 Awards & Events

12 Traffic Safety Calendar

An example of ADAPT campaign materials.By Ashley Millner

IN 2017, THE MARYLAND HIGHWAY SAFETY OFFICE (MHSO) partnered with state and local law enforce-ment and community partners to create Aggressive Drivers Are Public Threats (ADAPT), an enforce-ment and education campaign to prevent aggres-sive driving on Maryland roads and encourage road users to ADAPT their behavior.

Among driving behaviors that are deemed ag-gressive—such as tailgating, weaving in and out of traffic and running stop signs or red lights—exces-sive speed is a particular concern. Speeding is a major cause of crashes, injuries and deaths on our roadways, contributing to nearly 10,000 crashes and 93 fatalities in 2017, just in Maryland alone. Though speeding is fairly common, it CAN be ad-

dressed with a combination of enforcement and education.

Since public perception of speeding campaigns is not always positive, MHSO conducted focus groups with males between the ages of 18 and 34, asking them a series of questions on a variety of sample campaign concepts. Direct messaging that focused on speed did not resonate with this group; many of those surveyed mentioned that “everyone speeds,” “roadways are designed for higher speeds,” and “law enforcement allows 10 to 15 mph over the limit before making a traffic stop.”

But there seemed to be a change in their beliefs when asked how they felt about other drivers will-ingly threatening them and their loved ones. This

Speeding is a major cause

of crashes, injuries and

deaths on our roadways,

contributing to nearly 10,000 crashes and 93 fatalities

in 2017, just in Maryland alone.

2THE LEL | April 2019 Issue

idea resonated, and participants felt that aggressive behaviors were no longer acceptable when they impacted other road users. State and local law enforcement also used the knowledge gath-ered through the focus groups to learn about public perception of speed enforcement and, in some cases, lower tolerances to stop and cite drivers.

Following data trends and guide-lines from the National Highway Traffic Safety Administration (NHTSA), materials developed for the 2019 ADAPT campaign are centered on the message that Speeding Slows You Down and feature vehicle crashes, airbag deployment, law enforce-ment traffic stops and EMS response. The campaign commu-nicates that making the decision to speed won’t help you arrive at your destination but will slow you down. This social norming cam-paign paired with targeted high visibility enforcement and educa-tion has been well-received by the public and law enforcement.

Every year, MHSO hosts the Aggressive Driving Prevention Awards Ceremony recognizing officers who have shown their lifesaving commitment to enforc-ing the state’s aggressive driving laws. During the four 10-day ADAPT enforcement waves in 2018, law enforcement issued more than 124,000 citations, mostly for speeding.

Ashley Millner is a Communica-tions Manager with the Mary-land Highway Safety Office.

The campaign communicates

that making the decision to

speed won’t help you arrive at

your destination but will slow

you down.

ADAPT Targets Aggressive Drivers in Maryland

Safe Cars Save Lives

NHTSA manages vehicle safety recalls, sets vehicle safety standards, and requires automakers to recall vehicles that have safety defects or do not meet those standards. The agency has developed online campaign assets, such as this infographic, to help increase awareness about the dangers posed by open recalls and of its SaferCar.gov website. To download this infographic and other campaign materials, visit TrafficSafetyMarketing.gov.

25%

What’s NHTSA? The U.S. Department of Transportation’s National Highway Tra�c Safety Administration (NHTSA) is the o�cial federal safety authority that works to keep you and your loved ones safe on our roads.

How do we do it? NHTSA manages vehicle safety recalls, sets vehicle safety standards and requires automakers to recall vehicles that have safety defects or don’t meet those standards.

Why is addressing your safety recall important?

Recalls are prompted by significant safety concerns. Even so, A QUARTER OF CARS are never repaired.

That means potentially millions of vehicles with life-threatening safety defects are still on the road.

How do recalls start? Most of the time, car manufacturers initiate recalls on their own, but if a safety defect is hard to detect or prove, NHTSA may investigate whether a recall is needed.

1 We analyze consumer reports, data from manufacturers,and other information from testing and inspections

2 Conduct a formal investigation

3 Evaluate the level of risk of each safety issueIf we believe THE RISK for injury and death is too high, we require the manufacturer to issue a recall and fix the problem.

What triggers a recall?

Recalls can be prompted by steering, fuel systems, braking, wheels, air bags, wiring or other components that can pose A SERIOUS SAFETY RISK.

How do you know if your car is recalled?

Automakers notify all car owners by first-class mail, and your dealer will REPAIR IT FOR FREE. You can also call your dealer or check NHTSA’s VIN look-up tool on nhtsa.gov.

What does a mailedrecall notification look like? Keep an eye out for MAIL WITH THISDISTINCT LABEL fromthe vehicle manufacturer notifying you of a recall on your vehicle.

How can you stay safe?

If your car has a recall, GET IT FIXED. IT COULD SAVE A LIFE. Also, check your car for recalls at least twice a year, and sign up to receive alerts about new recalls at nhtsa.gov.

Visit nhtsa.gov for more information.

http://safercar.gov/https://www.trafficsafetymarketing.gov/get-materials/vehicle-safety/recalls-safety-campaign

3

LELTHELaw Enforcement Improving Traffic Safety

Vernon Betkey program manager

The LEL is published by the National Law Enforcement Liaison Program, a project of the Governors Highway Safety Association, funded

by the National Highway Traffic Safety Administration.

660 N. Capitol Street, NW, Suite 220,

Washington DC 20001-1642 www.nlelp.org

facebook.com/nlelp twitter.com/nlelp

program manager Vernon Betkey

editor Amadie Hart

creative Tony Frye Design

technical advisory group Glenn Cramer

Scott MacGregor Ted Minall

Michael Morris Wil Price

James Sanders Bill Sullivan

Richard Sullivan

Turning the Page

A GOOD FRIEND SAID THAT IF you keep reading the same pages, you will never reach the next chapter. After considerable contemplation, it is something that I have decided to do. This is my last column for The LEL as I turn the page to the next chapter in my life. I have spent more than 45 years in law enforcement and traffic safety, and those chapters will close on April 12.

I feel blessed to have had such a wonderful career that provided me the opportunity to meet and work with some of the most dedicated, motivated, and passionate law enforcement and highway safety professionals in the country. How lucky am I to have something so dear to me that it makes saying goodbye so hard. But this is not a goodbye; this is a thank you.

My time with the National Law Enforcement Liaison Program (NLELP) has been very reward-ing. I am happy with the progress made, but it was not a solo trip. I extend my sincere thanks to Jona-than Adkins, Executive Director of the Governors Highway Safety Association (GHSA), the GHSA Executive Board, the GHSA staff, and its members for working with me and allowing me to serve in this position. A special thank you to Amadie Hart, GHSA’s Communica-tion Consultant. Amadie and I have worked closely together to develop, maintain and enhance LEL com-munications tools and resources. Her expertise and creative contribution helped give the LEL program a professional identity

and aided me in spreading the LEL footprint across the country.

I have met and worked with outstanding professionals at the National Highway Traffic Safety Administration (NHTSA), as well as many other federal, state, and private organizations, and I extend my personal thanks to each of them for their cooperation, collabo-ration, and assistance, especially during my time with the NLELP. A special thank you to NHTSA’s NLELP Contracting Officer’s Representative, Wil Price. Wil is a devout traffic safety professional who is extremely dedicated and passionate about his work. He has operated tirelessly to enhance the professional development of the LEL program, and it was a genuine pleasure working with him.

And finally, thank you to all my LEL colleagues across the country. It was truly an honor to meet and work with such a wonderful group of enthusiastic and dedicated highway safety professionals. Your performance is valuable, and it is making a difference on the nation’s highways. I am very proud to have teamed up with you, and I wish you the best of success in your con-tinued efforts to prevent crashes, deaths, and associated injuries on our highways.

As I turn the page, I leave you with a quote from Charles Dickens: “The pain of parting is nothing to the joy of meeting again.” Until then, take care My Friends!

I feel blessed to have had such

a wonderful career that

provided me the opportunity to

meet and work with some of the most dedicated,

motivated, and passionate law

enforcement and highway safety

professionals in the country.

www.nlelp.orghttp://facebook.com/nlelphttp://twitter.com/nlelp

4THE LEL | April 2019 Issue

Best PracticesDistraction Overload: Risk Reduction for First Responders

By Scott MacGregor

TRAGICALLY, 3,166 PEOPLE WERE killed in the United States in crashes involving distracted driv-ers in 2017. As law enforcement agencies nationwide combat the threat of distracted driving within our communities, one program seeks to reduce the risks of distracted driving among law en-forcement and first responders.

The inside of today’s patrol vehicle resembles the cockpit of a fighter jet, armed with mobile data computers (MDCs), camera systems, LIDAR/radar, license plate readers, multiband radios/scanners and other job-required equipment. Even with the most efficient integration, these tools/resources frequently compete for the officers’ attention. Officers spend nearly 70 percent of their on-duty time in the patrol vehicle. When coupled with other possible distractions officers bring to work each day, you have the potential for “distraction overload.”

To reduce the risks of distraction among law enforcement, including the risk of cell phone use while driving, the Training, Research and Education for Driving Safety (TREDS) Program at the University of California, San Diego convened a law enforcement focus group to identify the principal distractions officers encounter. From that ef-fort, an interactive training pro-gram, Distraction Overload – Risk Reduction for First Responders,

Officers spend nearly 70 percent

of their on-duty time in the patrol

vehicle. When coupled with

other possible distractions

officers bring to work each day, you have the potential

for “distraction overload.”

was created with funding from the California Office of Traffic Safety through NHTSA.

The California Highway Patrol (CHP) became the first agency to rollout Distraction Overload training to nearly 6,000 of its field personnel statewide. The curricu-lum includes a facilitated discus-sion of common distractions, a review of state laws and depart-ment-specific policies, testimoni-als about real-life experiences, agency-specific collision trends, and liability claims. Group exer-cises demonstrate the inherent risks of distraction when operat-ing emergency vehicles. Since its inception, Distraction Overload has been adapted and used by other agencies in California, Washington, and Tennessee.

In most states with distracted driv-ing laws, officers may be exempt from certain prohibitions during the course and scope of their of-ficial duties, but they are NEVER exempt from the risks posed by distraction. Proper training helps officers make informed decisions about the use of distracting de-vices while driving. Recurring train-ing like Distraction Overload not only helps keep first responders and the public safe, it supports the tenets of Below 100 (see page 9) by striving to reduce complacency and save officers’ lives.

Further information regarding Distraction Overload is available from TREDS at treds.ucsd.edu or (858) 534-9330.

Scott MacGregor is the NHTSA Region 9 LEL.

Pennsylvania’s Impaired Driving Training Teams

By Michael Morris

THE MISSION OF THE PENN-sylvania DUI Association (PADUI) is to eliminate impaired driving in the state by providing law enforcement training on methods of DUI detection and apprehension, while working with parole, courts, and the treatment industry to maximize treatment efforts and reduce recidivism.

In 2016, PADUI faced chal-lenges meeting requests for professional assistance and the demands for law enforcement training. In addition, the PADUI leadership team began to look at the future hurdles associated with the legalization of medical marijuana and potential legal-ization of recreational marijuana in the state. They concluded that they would need to signifi-cantly modify their methods of providing training, expand their instructor base and tap into new sources of funding.

The following year the PADUI “IDP Training Teams” (IDPTTs) were created. The IDPTTs are funded through a Pennsylvania Department of Transportatioån grant. Team members are sworn law enforcement officers and certified Drug Recogni-tion Expert (DRE) instructors who act as lead instructors for

http://treds.ucsd.edu/

5THE LEL | April 2019 Issue

Best Practicesimpaired driving programs, ensur-ing the curriculum methods and standards are followed. IDPTT members act as independent contractors and provide the train-ing during off-duty hours, which eliminates the challenges associ-ated with competing demands for the officer’s time while on duty and provides scheduling flexibility for PADUI.

The IDPTTs provide instruction in the following areas: Standardized Field Sobriety Testing (SFST) Basic Practitioner, SFST Four-hour Refresher, SFST Instructor Development, Advanced Road-side Impaired Driving Enforce-ment (ARIDE), Sobriety Check-point Full (eight-hour), Sobriety Checkpoint Refresher, Sobriety Checkpoint Supervisor, DRE, and DRE Instructor. The training program has expanded from 58 classes serving 1,269 students in 2016, the year prior to the in-ception of IDPTT, to 115 classes serving 2,235 students in 2018.

In late 2018 and 2019 the IDPTTs continued to tackle the contemporary demands of law enforcement by creating and introducing a “Medical Marijuana Workshop for Law Enforcement.” The program’s long-term goal is to increase the number of DREs in the state to 400 while main-taining the momentum they have developed over the past couple of years. For more information on the IDPTT program con-tact Cathy Tress, IDP LEL with PADUI, at ctress@padui.org or 412-400-6576.

Michael Morris is the NHTSA Region 2 LEL.

The training program has

expanded from 58 classes

serving 1,269 students in 2016,

to 115 classes serving 2,235

students in 2018.

New Jersey Creates Pedestrian/Bicyclist Safety Coalition

By Michael Morris

A RECENT REPORT FROM THE Governors Highway Safety Association (GHSA) estimates that 6,227 pedestrian fatalities occurred in the U.S. in 2018, the highest number in nearly three decades. Pedestrian and bicy-clist fatalities represented 34.1 percent of all fatal crashes in New Jersey last year, according to the New Jersey State Police Fatal Accident Investigation Unit.

Due to these high numbers, New Jersey has been designated as a “Focus State” under the Federal Highway Administration’s Focused Approach to Safety program. This designation qualifies the state for additional resources and technical assistance to high priority areas. To that end, the New Jersey Pe-destrian/Bicycle Safety Coalition, hosted by the Brain Injury Alli-ance of New Jersey and funded through a grant from the New Jersey Division of Highway Traffic Safety, was created and held its first meeting in January.

The coalition brings together more than 20 organizations from state and local government,

nonprofits and advocacy groups to discuss the issues of pedes-trian/bicyclist safety in the state. The coalition seeks to create consistent messaging around this topic and to develop a state-wide resource directory.

During the first meeting, par-ticipants brainstormed ideas on how state organizations can work together more effectively to raise awareness about the issues of pedestrian/bicyclist safety. Attendees provided re-ports on existing programs and shared challenges they face in their communities. Partici-pants agreed that education, enforcement, engineering and equity must be included in safety plans.

Future meetings will focus on using regional and statewide data to identify high crash areas for targeted outreach, expanding the coalition’s online resource directory and develop-ing safety messaging that can be used statewide. For more information, visit www.Jersey-Drives.com or contact Wendy Berk at the Brain Injury Alliance of New Jersey at wberk@bianj.org or 732-745-0200.

Michael Morris is the NHTSA Region 2 LEL.

mailto:ctress@padui.orghttp://www.JerseyDrives.comhttp://www.JerseyDrives.commailto:wberk@bianj.orgmailto:wberk@bianj.org

6

Solutions andCounter-measures

Engineering

Education

EMS

Enforcement

The Importance of Periodic Seat Belt Use Policy Reviews

By Glenn Cramer

AS LELS, WE ARE AWARE THAT State Highway Safety Offices (SHSOs) require law enforce-ment agencies to have policies requiring employees to wear seat belts when performing official business as a condition for re-ceiving traffic safety grants. For some officers, the idea of a seat-belt use policy in a manual brings to mind an image of a dusty binder sitting on a shelf. These officers tend to think of policies as inflexible and unchanging.

An officer told me one time, “Our department policy requires we wear seatbelts, but unofficially we’re told not to because it’s an officer safety issue.” The officer went to explain this “unofficial” seatbelt non-use was commu-nicated by supervisors and field training officers.

As LELs it is not only our role to advocate for law enforcement

Seat belt policies should

be living documents

that adapt with an agency.

agencies to engage in traffic law enforcement, but also to help those agencies understand the importance of a mindset that constantly emphasizes health and safety messages to their officers, including the life-saving benefits of wearing seat belts.

Seat belt policies should be living documents that adapt with an agency. A seat belt use policy review and revision when needed is a crucial part of an effective policy and procedure manage-ment plan. Outdated policies may leave an agency at risk by failing to comply with new laws, such as those specific to child restraint when transporting children, or may not address new systems or technology, which can result in inconsistent practices helping to create bad officer safety habits.

One law enforcement agency executive told me the mindset of leadership about law enforce-ment seat belt use needs to be relentless. He explained it was not about negative discipline but about framing the issue to help people understand how it

benefits them personally, which is an essential to changing behavior.

Culture change is hard. The habits officers build become like hardened concrete over time. The mindset to move a culture starts at the top with the agency’s leaders. The culture shift takes place when all levels of the organization adopt the mindset and enact it through their performance.

LELs can help support and facilitate this culture shift by be-ing passionate enthusiasts who encourage strong law enforce-ment leadership to define de-sired behaviors, connect culture and accountability, and regularly review agency seat belt use policies to ensure consistency and effectiveness.

Glenn Cramer is the NHTSA Region 10 LEL.

https://twitter.com/km/status/588677659296694274

7

First Person

A Friend and a ChampionBy Wil Price

IN 2013, THE NATIONAL LEL PROGRAM WAS starting to get off the ground when the need arose to find a new Program Man-ager. Programmatically, we were building a foundation and finding our sea legs. Things were less organized and sophisticated than they are today, and most of what has come to pass in terms of communications, infor-mation sharing and professional develop-ment training were just good ideas.

Looking back and considering how far we have come since 2013, we were incred-ibly fortunate to have someone like Vernon Betkey step into that role.

While lots of people have contributed to building the program we have today, it was Vern who led the way. He certainly didn’t do it alone—no one does. But as the National LEL Program Manager, Vern has been tireless. He has left his mark on all the innovations we have developed; you have only to look at the tangible products of the program like the monthly webinars, newslet-ters, and training program to see the quality of the effort.

But there is something much deeper here. Beyond a simple list of work products lies the genuine commitment Vern displays to the program, backed by a sincere desire to help improve traffic safety. This com-mitment comes from a long career in law enforcement and highway safety, but also comes from having skin in the game. Vern has always been available and accessible, and is the first person to raise his hand if you need help. He also works as hard as anyone I know. That is something he would

likely never draw your attention to, but it is true and is something for which he should be justifiably proud.

Some people have lots of friends. Others, not so much. I’m in the “others” category, so finding a true friend is rare for me. That is the person who has your best interests at heart but will also tell you hard truths when it would be easier not to and still has your back.

Vernon Betkey is that kind of friend. He has been a buddy, a mentor, a sounding board for my ideas, and incredibly supportive to me personally as I navigated life in recent years. He has been a great partner, and I have been blessed to work with him in building and managing the National LEL Program for more than five years.

It should come as no surprise I have mixed emotions about Vern retiring. He will remain a good friend and I cannot wish him and Debbie enough happiness as he transitions into retirement and whatever comes next.

But mostly, I’m really going to miss working with my friend.

Wil Price serves in the Enforcement and Justice Services Division at NHTSA and is NHTSA’s manager of the National Law Enforcement Liaison Program.

Looking back and

considering how far we have come since 2013,

we were incredibly

fortunate to have someone

like Vernon Betkey step

into that role.

8

LEL

The Power of One

By Art Amato

AS AN LEL I WISH I HAD A DOLLAR for every time I heard the expres-sion, “We just don’t have money for that” or “We just don’t have the personnel.” That is why it has been so refreshing to be able to work with Chief David Ray of the Center Police Department.

Center, Missouri is located in Ralls County, population 508. It is small enough that it does not have a working traffic light, but it sees a lot of tourist traffic going to Mark Twain Lake and other attractions.

I met Chief Ray a few years ago and I was immediately impressed with his drive and passion, even though he is the one and only full-time police officer in the agency. In just a few short years, Chief Ray has been elected to serve on the state Traffic Safety Advisory Council, serves as one of two representatives for Ralls County on the Missouri Depart-

Chief Ray shows us all that the

“Power of One” is alive and

well and even with limited

resources, we can all make

a difference if we put forth

the effort.

ment of Transportation (MoDOT) Traffic Advisory Committee, was elected as the Lodge 103 State Delegate/Trustee for the Frater-nal Order of Police, is a partner-ing agency with the Northeast Missouri Coalition for Roadway Safety on the Impaired Driving Subcommittee as well as the Education Outreach Coordina-tor for Northeast Missouri, and continues to participate in many of the statewide enforcement campaigns.

Chief Ray uses his imagination and limited resources to spread the traffic safety message. He took $100 of his own money and solicited donations from area business to create his “Santa – No Summonses” campaign. Instead of giving citations during the holidays, he hands out gift cards and safe driving recom-mendations. During an incred-ibly hot summer, Chief Ray gave the occupants of the cars he stopped frozen popsicles along with safe driving recommenda-tions. Local businesses are now

approaching him with offers of funding to continue his efforts.

Chief Ray has been profiled in the Ralls County Herald-Enterprise newspaper, the Hannibal-Courier Post and by a local television station. He continues to solicit traf-fic safety training to the area and will be hosting a Traffic Incident Management (TIM) course in April.

Chief Ray shows us all that the “Power of One” is alive and well and even with limited resources, we can all make a difference if we put forth the effort.

Art Amato is an LEL with the Traffic and Highway Safety Division of MoDOT.

9

Partner

What If?

By Roy H. Bethge

I HAVE ALWAYS LOVED THIS question. What if? forces us to stop and think. When it comes to officer safety, what if we could keep more cops safe and alive? Too often in the course of their duties, cops crash into uninvolved civilians and their vehicles. With some simple ideas, we can help keep more cops and the motoring public safer.

The premise of Below 100 re-volves around five simple, but not easy, tenets:

●● Wear Your Belt

●● Wear Your Vest

●● Watch Your Speed

●● What’s Important Now

●● Complacency Kills

Simple, right?

Data tells us that cops are dying at alarming rates by violating these simple tenets. Look at

With some simple ideas,

we can help keep more

cops and the motoring

public safer.

many of the Line of Duty Death Notifications through the lens of these five tenets and you can often see how a slight change in behavior or perspective may have altered the outcome for the officer. That is only looking at Line of Duty Deaths. How about catastrophic injuries to officers who, because of their injury, are never able to return to work? The cost and harm to families, agen-cies, communities, and society is unacceptable.

Simple, but not easy…

People sometimes ask us why we advocate for Below 100 rather than focusing on eliminating all line of duty deaths and reducing the number to zero. The reality is that we have not seen fewer than 100 Line of Duty Deaths since 1943. Tragically, when looking at the data, there may not be a way to eliminate all Line of Duty Deaths. We think that getting below 100 is achievable. We know that getting below 100 is

better than the situation now. Even with significant advances in vehicle safety equipment, better ballistic protection for of-ficers, and major improvements in trauma care, we continue to lose far too many cops in preventable situations.

Below 100 is committed to saving lives through story telling. Our courses are built around powerful stories that reinforce the learning points and tie everything back to each of the five tenets. Sadly, there are new stories available all the time.

Join us in asking What If? Because together, we can get Below 100.

Roy Bethge is the Executive Director of Below 100. He is a 29-year veteran law en-forcement officer and retired in May 2017 as the Deputy Chief of Operations for the Buffalo Grove, IL Police Department.

We

www.Below100.org

This poster produced by the Snohomish County Sheriff ’s Office, Washington State © 2017 Below 100

Wear Your Vest. Wear Your Seatbelt.

ODMP

We all have something to go home to.

Something to Go Home To ver1.indd 1 9/13/2017 2:31:57 PM

A variety of Below 100 posters are available for download at Below100.org.

10

From theBench

Blood Draws and Implied Consent in Impaired Driving Cases: An UpdateBy Judge Neil Edward Axel

IN THE NOVEMBER 2018 ISSUE OF THIS NEWS-letter, I wrote about the impact of the U.S. Supreme Court’s decision in Birchfield v. North Dakota on warrantless blood draws in impaired driving cases. In Birchfield, the Court held that the taking of one’s blood constituted a search for Fourth Amendment purposes and there-fore the body of law that applies to search and seizure generally would also apply to the taking of blood. I noted that although a driver may consent to tests under a state’s implied consent law, that driver may withdraw their consent, in which case a warrant would be required for a blood test.

Birchfield, however, did not address the issue of suppression of evidence, only the prosecu-tion for a separate offense for refusing the test. Therefore, under Birchfield, a driver could not be prosecuted separately for the offense of refusing to submit to a blood test where the police failed to obtain a search warrant.

On January 11, 2019, the U.S. Supreme Court granted certiorari to the case of Mitchell v. Wisconsin, a case that may further explain or extend the Court’s holdings in Birchfield as well as Missouri v. McNeely. The issue presented in this case is whether Wisconsin’s implied consent law that authorizes a blood draw from an unconscious motorist provides an exception to the requirement for a search war-rant under the Fourth Amendment.

After being arrested for drunk driving and while in route to the police station for secondary chemical testing, the petitioner, Gerald Mitch-ell, became “lethargic.” The officer transported

THE LEL | April 2019 Issue

him to the hospital where lost consciousness. The police officer requested hospital staff draw blood as evidence, which they did without a warrant.

The Supreme Court of Wisconsin held that the warrantless blood draw was not an unrea-sonable search, and therefore did not violate the Fourth Amendment. The Court reasoned that “Mitchell voluntarily consented to a blood draw by his conduct of driving on Wisconsin’s roads and drinking to a point evidencing proba-ble cause of intoxication. Further, through drink-ing to the point of unconsciousness, Mitchell forfeited all opportunity, including the statutory opportunity to withdraw his consent previously given; and therefore, §343.305(3)(b) applied, which under the totality of circumstances rea-sonably permitted drawing Mitchell’s blood.”

While Birchfield left some questions unan-swered, Mitchell is certain to answer some of those questions or at least provide clarification on the relationship between implied consent laws and the Fourth Amendment. Oral argu-ment is scheduled for April 23, 2019, and an opinion is expected before the end of the cur-rent Term.

Judge Axel has served on the District Court of Maryland for 21 years, and currently sits as a Senior Judge throughout the State. He is the American Bar Association Judicial Fellow for traffic safety issues.

11THE LEL | April 2019 Issue

Awards& Events

Left: Dr. Troy Jackson conducts leadership training for LELs. Right: GHSA Executive Director Jonathan Adkins (right) recognizes the contributions of retiring NLELP Manager Vernon Betkey (left).

NHTSA Deputy Administrator Heidi King presents North Carolina LEL Sergeant Kevin Wallace with a Public Service Award.

LELs Gather for Annual Networking Event

MORE THAN 40 LELS FROM across the country met in Louisville, Kentucky on March 30 for the fifth annual network-ing meeting organized by the National LEL Program and held in conjunction with the Lifesavers National Conference on Highway Safety Priorities.

The event kicked off with the presentation of an award by Gov-ernors Highway Safety Associa-tion Executive Director Jonathan Adkins recognizing the many accomplishments of retiring National LEL Program Manager Vernon Betkey.

Joining the LELs for the first part of the session were regional and state Judicial Outreach Liai-sons (JOLs) and Traffic Safety Resource Prosecutors (TSRPs). The LELs, JOLs and TSRPs split into regional groups to discuss how they can work together to advance traffic safety, what is working well in their region, and

what could be improved. Each regional group reported back on their discussion and some common themes emerged, such as the importance of data quality and sharing, the need for in-creased training for law enforce-ment in identifying drug- and alcohol-impaired drivers, and the desire for more LEL/JOL/TSRP collaborative meetings.

The LELs then settled in for a leadership training presented by Dr. Troy Jackson, Program Man-ager for Highway Traffic Safety at the Transportation Safety Institute. The interactive pro-gram reviewed the principles of leadership and the behaviors that improve leadership ability. At-tendees were asked to reflect on their core values and apply them to current leadership challenges they face at work or at home. The training was a condensed version of a two-day course based on The Five Practices of Exemplary Leadership®, and the LELs came away with a lot of new insight and tools they can apply to their leadership efforts.

2019 NHTSA Public Service Awards

THE 2019 NHTSA PUBLIC SER-vice Award recipients were hon-ored at a luncheon held during the Lifesavers Conference. The 11 winners included law enforcement officers, a JOL, researchers, public officials, and advocates across the country who have made significant con-tributions to traffic safety.

Among the honorees were North Carolina LEL Sergeant Kevin Wallace with the Guilford County Sheriff’s Office; Retired Chief Anthony Parenti, who is the Executive Director of the New Jersey Police Traffic Of-ficers Association; Detective Kemp Layden, who serves on the traffic unit of the Phoenix (AZ) Police Department; and Region 10 JOL Judge Mary Jane Knisely.

The luncheon was emceed by GHSA chair and Washington Traffic Safety Commission Director Darrin Grondel and featured remarks by NHTSA Deputy Administrator Heidi King.

A full list of the 2019 award winners is available on the NHTSA website.

https://www.nhtsa.gov/press-releases/nhtsa-announces-2019-public-service-award-recipients-lifesavers-conferencehttps://www.nhtsa.gov/press-releases/nhtsa-announces-2019-public-service-award-recipients-lifesavers-conference

12THE LEL | April 2019 Issue

TrafficSafety Calendar

A calendar of events, recordings of past webinars, newsletter archives and many more resources for LELs are available at www.nlelp.org. For campaign materials and tools to help you with your traffic safety marketing and messaging, visit www.trafficsafetymarketing.gov.

MAY

MOTORCYCLE SAFETY AWARENESS MONTHPrimary Messages: Share the Road and Ride Sober or Get Pulled Over/Don’t Drink and Ride

BICYCLE SAFETY MONTHPrimary Message: Share the Road With Bicyclists

MAY 15NLELP WEBINAR: RAISING VEHICLE RECALL AWARENESS

MAY 20 – JUNE 2CLICK IT OR TICKET NATIONAL ENFORCEMENT MOBILIZATIONPrimary Message: Click It or Ticket. In 2017, the use of seat belts in passenger vehicles saved an estimated 14,955 lives.

JUNE

JUNE 15 – 19 NATIONAL SHERIFFS ASSOCIATION 2018 ANNUAL CONFERENCE AND EXHIBITIONLouisville, KY

JUNE 17NATIONAL RIDE TO WORK DAYPrimary Message: Share the Road With Motorcyclists and Scooter Riders

JUNE 19NLELP WEBINAR: THE 2019 DRIVE SOBER OR GET PULLED OVER NATIONAL CAMPAIGN AND THE ROAD TO ZERO

JULY

VEHICLE THEFT PREVENTION MONTHVehicle theft is a very expensive crime, with the cost of stolen vehicles pegged at more than $4.1 billion.

JULY 4FOURTH OF JULY IMPAIRED DRIVING PREVENTIONPrimary Message: Drive Sober or Get Pulled OverSecondary Message: Buzzed Driving Is Drunk Driving

JULY 16 – 18LEL PROFESSIONAL DEVELOPMENT COURSELouisville, KY

JULY 17NLELP WEBINAR

JULY 31NATIONAL HEATSTROKE PREVENTION DAYThis campaign for parents, caregivers, schools and organizations reminds everyone to Act Fast. Save a Life.

http://www.nlelp.orghttp://www.trafficsafetymarketing.govhttps://www.trafficsafetymarketing.gov/get-materials/motorcycle-safetyhttps://www.trafficsafetymarketing.gov/get-materials/motorcycle-safetyhttps://www.trafficsafetymarketing.gov/get-materials/bicycle-safety/bicycle-safetyhttps://www.nlelp.org/event/lel-may-webinar-2019/https://www.nlelp.org/event/lel-may-webinar-2019/https://www.nlelp.org/event/lel-may-webinar-2019/https://www.trafficsafetymarketing.gov/get-materials/seat-belts/click-it-or-ticket/national-enforcement-mobilizationhttps://www.trafficsafetymarketing.gov/get-materials/seat-belts/click-it-or-ticket/national-enforcement-mobilizationhttps://www.trafficsafetymarketing.gov/get-materials/seat-belts/click-it-or-ticket/national-enforcement-mobilizationhttp://www.nsaconference.org/?q=node/1http://www.nsaconference.org/?q=node/1http://www.nsaconference.org/?q=node/1http://www.nsaconference.org/?q=node/1https://www.trafficsafetymarketing.gov/get-materials/motorcycle-safety/share-roadhttps://www.trafficsafetymarketing.gov/get-materials/motorcycle-safety/share-roadhttps://www.nlelp.org/event/lel-june-webinar-2019/https://www.nlelp.org/event/lel-june-webinar-2019/https://www.nlelp.org/event/lel-june-webinar-2019/https://www.nlelp.org/event/lel-june-webinar-2019/https://www.nlelp.org/event/lel-june-webinar-2019/https://www.trafficsafetymarketing.gov/get-materials/vehicle-safety/vehicle-theft-preventionhttps://www.trafficsafetymarketing.gov/get-materials/vehicle-safety/vehicle-theft-preventionhttps://www.trafficsafetymarketing.gov/get-materials/drunk-driving/buzzed-driving-drunk-driving/4th-july-buzzed-drivinghttps://www.trafficsafetymarketing.gov/get-materials/drunk-driving/buzzed-driving-drunk-driving/4th-july-buzzed-drivinghttps://www.trafficsafetymarketing.gov/get-materials/drunk-driving/buzzed-driving-drunk-driving/4th-july-buzzed-drivinghttps://www.nlelp.org/event/lel-professional-development-course-5/https://www.nlelp.org/event/lel-professional-development-course-5/https://www.nlelp.org/event/lel-july-webinar-2019/https://www.trafficsafetymarketing.gov/get-materials/child-safety/heatstroke-preventionhttps://www.trafficsafetymarketing.gov/get-materials/child-safety/heatstroke-prevention

_GoBack_GoBack_GoBack_Hlk4501882_Hlk4502060_GoBack_GoBack_GoBack_GoBack_GoBack_GoBack_GoBack

Button 2: Page 1: Page 2: Page 3: Page 4: Page 5: Page 6: Page 7: Page 8: Page 9: Page 10: Page 11: Page 12:

Button 1: Page 1: Page 2: Page 3: Page 4: Page 5: Page 6: Page 7: Page 8: Page 9: Page 10: Page 11: Page 12:

Button 3: Page 1: Page 2: Page 3: Page 4: Page 5: Page 6: Page 7: Page 8: Page 9: Page 10: Page 11: Page 12: