Aggressive Driving:Aggressive Driving: Identifying and Dealing with Identifying and Dealing with

Aggressive Drivers in Aggressive Drivers in Municipal CourtMunicipal Court

W. Clay AbbottW. Clay Abbott

DWI Resource ProsecutorDWI Resource Prosecutor

NHTSA DefinitionNHTSA Definition

• NHTSA, after discussions with law enforcement and the judiciary, defines aggressive driving as occurring when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property.

Why does it matter?Why does it matter?

• In 2004, 42,636 people were killed in the In 2004, 42,636 people were killed in the estimated estimated

• 6,181,000 police reported motor vehicle 6,181,000 police reported motor vehicle traffic crashes. traffic crashes.

• 2,788,000 people were injured, and2,788,000 people were injured, and

• 4,281,000 crashes involved property 4,281,000 crashes involved property damage only.damage only.

FUN NHTSA FactsFUN NHTSA Facts

• Approximately 6,800,000 crashes occur in the United States each year; a substantial number are estimated to be caused by aggressive driving.

• 1997 statistics compiled by NHTSA and the American Automobile Association show that almost 13,000 people have been injured or killed since 1990 in crashes caused by aggressive driving.

FUN NHTSA FactsFUN NHTSA Facts

• According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families.

• About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year. Weaving, tailgating, distracted drivers, and unsafe lane changes were some of the unsafe behaviors identified.

FUN NHTSA FactsFUN NHTSA Facts• Aggressive drivers are more likely to drink

and drive or drive unbelted. • Aggressive driving can easily escalate into

an incident of road rage. Motorists in all 50 states have killed or injured other motorists for seemingly trivial reasons. Motorists should keep their cool in traffic, be patient and courteous to other drivers, and correct unsafe driving habits that are likely to endanger, antagonize or provoke other motorists.

• More than half of those surveyed by NHTSA admitted to driving aggressively on occasion.

FUN NHTSA FactsFUN NHTSA Facts

• Only 14 percent felt it was "extremely dangerous" to drive 10 miles per hour over the speed limit.

• 62 percent of those who frequently drive in an unsafe and illegal manner said they had not been stopped by police for traffic reasons in the past year.

• The majority of those in the NHTSA survey (52 percent) said it was "very important" to do something about speeding. Ninety-eight percent of respondents thought it "important" that something be done to reduce speeding and unsafe driving.

Road Rage v. Aggressive DrivingRoad Rage v. Aggressive Driving

• Road rage differs from aggressive driving. It is a criminal offense and is "an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of one motor vehicle on the operator or passenger(s) of another motor vehicle or is caused by an incident that occurred on a roadway

Exercise Exercise

• Using Only Offenses Found in Using Only Offenses Found in Municipal CourtMunicipal Court

• Identify Offenses Which Are Identify Offenses Which Are Aggressive DrivingAggressive Driving

• Identify Offenses Which Could be Identify Offenses Which Could be Aggressive DrivingAggressive Driving

Offenses Identified as Offenses Identified as Aggressive Driving by NHTSAAggressive Driving by NHTSA

• exceeding the posted speed limit,• following too closely, • erratic or unsafe lane changes, • improperly signaling lane changes, • failure to obey traffic control devices

– stop signs, – yield signs, – traffic signals, – railroad grade cross signals, etc

Is it really Reckless Driving or Is it really Reckless Driving or Deadly Conduct?Deadly Conduct?

• Reckless Driving– 545.401 T.C.– 30 days and/or $200– Drives a Vehicle– Willful or Wanton

Disregard– Safety of Persons or

Property

• Deadly Conduct– 22.05 P.C.– Class A– Recklessly engages

in conduct– Places another in

imminent danger– Of Serious Bodily

Injury

Can’t address it Can’t address it if we don’t identify it.if we don’t identify it.

• Judges

• Clerks

• Prosecutors

• Officers

• City Hall

• Public

Sentencing IssuesSentencing Issues

• DSC

• Multiple Offenses

• Fines

• Tailored Terms under 45.051