Aggressive Driving: Identifying and Dealing with Aggressive Drivers in Municipal Court

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Aggressive Driving Identifying and Dealing with
Aggressive Drivers in Municipal Court

• W. Clay Abbott
• DWI Resource Prosecutor
• Erik Nielsen
• Training Director
• TDCAA

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NHTSA 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.

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Why does it matter?

• In 2004, 42,636 people were killed in the
  estimated
• 6,181,000 police reported motor vehicle traffic
  crashes.
• 2,788,000 people were injured, and
• 4,281,000 crashes involved property damage only.

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FUN 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.

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FUN 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.

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FUN 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.

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FUN 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.

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Road 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

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Exercise

• Use Index in Binder
• Identify Offenses Which Are Aggressive Driving
• Identify Offenses Which Could be Aggressive
  Driving

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Offenses Identified as Aggressive 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

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Is it really Reckless Driving or 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

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Cant address it if we dont identify it.

• Judges
• Clerks
• Prosecutors
• Officers
• City Hall
• Public

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Sentencing Issues

• DSC
• Multiple Offenses
• Fines
• Tailored Terms under 45.051