Sentencing Alternatives for Texas Municipal Courts

1. Sentencing Alternatives for Texas Municipal Courts Judge Kevin R. Madison Presiding Judge Lakeway Municipal Court of Record EMT and Volunteer Firefighter

2. 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

3. 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.

4. 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.

5. 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.

6. 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 dwi@gvtc.com www.dangerwithoutintentions.com

7. 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.

9. 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 inmotor 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.

10. 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.

11. 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.

12. 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.

13. “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.

15. 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.

16. 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.

17. 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 rgruber@sherrymatthews.com

18. 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

19. Be Creative. Design your own program. Involve your community and kids.

20. Coming Soon to Texas: “Alive at 25” program through National Safety Council.

21. Just Arrived:Hill Country Victim Impact Panel through M.A.D.D.Burnet County

22. Judge Kevin R. Madison(512) 784-5237kevin@kevinmadison.com