Transcript Sentencing Alternatives for Texas Municipal Courts

Sentencing Alternatives for
Texas Municipal Courts
Judge Kevin R. Madison
Presiding Judge
Lakeway Municipal Court of Record
EMT and Volunteer Firefighter
Efforts to Change Negative Factors
That Impact Teen Fatalities
The fact that teenage drivers have little or no driving experience can’t be
changed. Therefore, we look at specific factors that the Court can educate
young drivers on resulting in more educated and safer drivers. Some of
these driving factors include:
 Distractions such as talking on a cell phone, texting, and talking to passengers can
greatly increase the risk of a serious motor vehicle collision
 Driving while under the influence of intoxicants (e.g. alcohol, marijuana) can greatly
increase the risk of a serious or fatal motor vehicle collision
 Younger, less-experienced, drivers lack the skills and experience of older drivers
 Excessive Speed is the cause of more than 40% of fatal car collisions involving teen
drivers
 Drunk driving or “buzzed” driving is the cause of more than 25% of all fatal teen
crashes
 Motor vehicles are deadly weapons and their misuse can kill innocent people
 Passing a stopped school bus that is loading or unloading can kill a child
1. TxDOT Posters of Jacqui Saburido and Reggie
Stephey outside our courtroom
These photos draw attention to the horrendous
effects that a single bad decision (to drive when
impaired) can have on many persons, including the
defendant, victim, friends, and the families.
2. “Before and After” Educational Materials Packet from
TxDOT for any alcohol case Involving a minor
I require all teen offenders charged with alcohol
violations, who request Deferred Disposition Probation, to
attend a state-approved “alcohol awareness program” but they
must also complete the Court’s own “Before and After” TxDOT
alcohol awareness program. Defendants check out a TxDOT
“Before and After” media box. Defendants are ordered to watch
two DVDs and read all of the information contained in the
media packet regarding the plight of Jacqui Saburido and
Reggie Stephey. They must then write a 4 page essay on the
dangers of drinking and driving within 30 days. Failure to do so
can result in a revocation of their probation and conviction of
the probated charge.
3. "Danger Without Intentions" (DWI) Alcohol Awareness
Program for Alcohol Cases Involving Minors
Lakeway Municipal Court also uses this locally run alcohol
awareness program to help educate young drivers of the
dangers involved in driving while impaired. This program is
run by an Austin Paramedic who firsthand discusses fatal
car accidents he has worked and lets students hear and see
an actual DWI fatality call. The instructors also use
"impairment goggles” to help students understand how
alcohol impairs their normal senses and judgment. This
course is a low cost course ($20.00) and parents and family
of the defendant are encouraged to attend at no extra cost.
Danger without Intentions
DWI AWARENESS PROGRAM
Guy Benson and Deborah Parsons
1207 Peach Creek Rd, Waelder, Texas 78959
Toll Free (866) 893-2821 or email us [email protected]
www.dangerwithoutintentions.com
4. Lakeway "Teen Driving" Contract
We drafted and initiated a Teen Driving Contract that is
available to the public at no cost on our court website and on
our "resource table" outside our courtroom. This contract is
also be a condition of some of our teen defendants’ Deferred
Disposition Probation programs for moving traffic offenses.
Lakeway Municipal Court Teen Driving Contract
1. SPEEDING: In more than 40% of all FATAL CAR COLLISIONS among
teenagers speeding is the primary cause of the collision.
AGREEMENT: I will always obey Speed Limits and will drive more carefully
when the weather or road conditions necessitate it, such as at night or when
it is raining.
CONSEQUENCES: I will pay for any tickets, court costs, increases in auto
insurance that result from a traffic tickets.
2. TIME OF DAY: 50% of all fatalities involving teens in motor vehicle
collisions are killed between 4 p.m. and midnight.
AGREEMENT: Every time I drive, I will set a time to be home with my
parents before I leave.
CONSEQUENCES: If I miss my time deadline by more than 15 minutes, I
will be grounded one day for each minute I'm late.
3. COLLISIONS: Sixteen-year-old drivers have crash rates that are five times
greater than 18-year-old drivers.
AGREEMENT: I will wear my safety belt and make sure all of my passengers wear
their safety belts, pay attention to my driving, road conditions, avoid distractions,
watch other drivers, make sure the road is clear before proceeding through a green
signal light (wait two seconds after the light turns green before proceeding), and
drive “defensively” to avoid collisions. If I see a car coming at me in my lane of traffic,
I will do everything possible to avoid a “head-on” collisions even if I have to drive off
the road and hit a stationary object because most head-on collisions are FATAL.
CONSEQUENCES: I will be responsible for paying for any repair costs and
increases in insurance premiums associated with accidents that were caused by me.
4. PASSENGERS: The presence of teen passengers in a car doubles the chances
of a fatal crash.
AGREEMENT: I will not have any passengers ride with me when I am driving unless
I get my parents’ permission, in advance.
CONSEQUENCES: If I have too many passengers in my car, I will lose my driving
privileges for one month.
5. IMPAIRED DRIVING: Drunk driving or “buzzed” driving is the cause of more than
25% of all fatal teen crashes.
AGREEMENT: I will never drink alcohol, smoke marijuana, or take any other illegal
or mind-altering drug and drive. I will not ever ride with anyone who has been
drinking, smoking or using illegal or mind-altering drugs. If I need a ride home, and I
am “impaired” or the driver with whom I rode with is “impaired” I agree to call my
parents for a ride. My parents agree that I will not be punished for doing this - one
time only.
CONSEQUENCES: If I ever drive after drinking, I will lose my driving privileges
indefinitely.
6. SEATBELTS: Using seat belts can reduce the risk of dying in a car crash by 45%.
In rollover collisions, the vast majority of unbelted occupants are ejected from the
vehicle, dying as a result of the vehicle rolling over them or as a result of sustaining
fatal head injuries.
AGREEMENT: I will always wear my seat belt whether I am driving or riding as a
passenger.
CONSEQUENCES: If I receive a ticket for failure to wear a seat belt, I will be
responsible for all costs associated with it. I will also lose nonessential driving
privileges for a month.
7. CELL PHONES, TEXTING, MUSIC, AND OTHER DISTRACTIONS:
Talking on a cell phone, texting messages, or putting on makeup while
driving is just as dangerous as driving while intoxicated because it greatly
slows down the time a driver has to react.
AGREEMENT: I will never talk on my cell phone or send a text message
while I'm driving.
CONSEQUENCES: I will lose my cell phone indefinitely if I'm talking or
texting and driving.
5.
“Report Unsafe Driving” Bumper Sticker Program
The Court implemented a “Report Unsafe Driving” bumper
sticker program that uses highly-visible bumper stickers on
the vehicles of teen defendants who are placed on
probation for moving traffic violations. Any unsafe driving
can be reported to a toll-free number. The Court utilized a
similar program over 5 years ago with an Arlington police
officer, who created the idea for this program. Just the
placement of the bumper sticker on the teen’s vehicle
results in greater “accountability” and therefore, better
driving.
6. Ordering 1 hour with School Crossing Guard on all
“Failure to Stop for School Bus” Probation Cases
Judge Madison mandates on all deferred dispositions for
“Failure to Stop For School Bus” the defendant (regardless of
age) to stand with the school crossing guard for one hour to
witness the dangers that young children face when crossing the
street or getting on and off school buses.
7. Community Service with Volunteer Fire Department
In many traffic cases and all alcohol abuse cases the
Court orders offenders to perform community service with
Hudson Bend Fire Department. Many youthful offenders lack
“reality based” role models. Too many children base their
reality on actors in movies and reality shows on television.
Today’s youth can learn leadership and responsibility by
pairing them with positive role models who serve their
community as firefighters and EMS first responders. A child
with low self-esteem who is mentored by a young firefighter
may develop self-esteem, a sense of leadership, and
community. They become more responsible citizens and are
safer drivers. We have received positive feedback from several
young offenders who have benefitted from this program.
Additional Programs for Your Court:
TxDOT Public Safety Commercials: Seat Belt commercials and Jacqui
Saburido DWI commercial
Obtained free looped DVDs from TxDOT’s advertising agency (Sherry
Matthews Agency) and play these public service announcements on
TV screens before you call court docket.
TxDOT Safety Posters

Even Super Heroes Need Car Seats Poster

Jacqui Saburido DWI Poster
Sherry Matthews Advocacy Marketing Agency
1-877-478-4397 or 512-478-4397
Contact person: Ruthellen Gruber
[email protected]
Your chances of a rollover in a pickup truck are much greater than a car.
Your chances of survival, if you are ejected, are less than 10%.
Don’t play the odds, buckle up.
Judge Kevin R. Madison
Presiding Judge and EMT
Be Creative.
Design your own program.
Involve your community and kids.
Coming Soon to Texas: “Alive at 25” program through National
Safety Council.
Just Arrived:
Hill Country Victim Impact Panel through M.A.D.D.
Burnet County
Judge Kevin R. Madison
(512) 784-5237
[email protected]