SAFETY Network

September 2016 Michigan.gov/ohsp

Kid’s identification sticker for car seats updated

When first responders arrive at the scene offers privacy and protects the information of a traffic crash, it’s important to have from fading. quick, accurate information about the “This sticker is a great item in any child vehicle occupants. That’s why the Office of safety advocate’s toolkit,” said Michael L. Highway Safety Planning (OHSP) recently Prince, OHSP director. “Michigan has a net- updated its kid’s identification sticker for work of more than 1,000 Child Passenger car seats. Safety (CPS) technicians who regularly For more than 20 years, the sticker has meet with parents and caregivers to edu- been an easy and effective way to provide cate them about proper car seat use.” crucial details during an emergency. When The updated sticker was unveiled dur- affixed to a car seat, it gives immediate ing CPS Week, a national initiative that access to vital facts about a child passen- raises awareness about car seat use and ger if injured caregivers or an injured child encourages caregivers to have their chil- are unable to do so. dren’s car seats inspected by a certified CPS The updated sticker includes spaces for technician. until at least age 2 or the upper weight or the child’s name, as well as larger fields for Children must be properly buckled in height limit of the seat. medical information and allergies. There a car seat or booster seat until they are 8 To order the kid’s identification stickers, is additional room to list parents or guard- years old or 4 feet 9 inches tall. Children go to Michigan.gov/carseats. The web- ians, the child’s physician, and the name younger than age 4 must ride in a car seat site also includes links to child safety seat and phone number of an emergency con- in the back seat if a vehicle has a back seat. inspection stations and a series of educa- tact. The new sticker comes with a flap that Babies and toddlers should ride rear-facing tional videos on using car seats properly. S4SD seeks high school applications

Vehicle crashes are the leading cause All Michigan high schools are eligible to of death for teens. Strive for a Safer Drive participate and receive $1,000 to create a (S4SD) is a great opportunity for school traffic safety campaign. Schools showcase leaders to teach teens about safe driving their campaign in a PowerPoint or video through peer-to-peer teaching. Anyone and cash prizes will be awarded to the top at the school can oversee the program schools. Participating schools have the but it is most often led by groups such as opportunity to attend the Ford Ride and Students Against Destructive Decisions, Drive Event in the spring. Student Leadership Services, National For more information, visit the S4SD Honor Society, Student Council, Student website at www.michigan.gov/S4SD or Senate, Link Crew, and others such as contact OHSP’s Linda Fech at 517-284- English teachers, counselors, school liaison 3063 or [email protected]. Applications officers, and driver education, audio visual, are due by November 18. leadership development, and health edu- cation instructors.

1 September 2016 Michigan.gov/ohsp SAFETY Network

Drive Sober or Get Pulled Over New roll call video campaign supports driving safety on older driver safety is available “When it comes to traffic safety there is no debate, the designated driver always wins, yet Michigan alcohol- and/or drug-involved fatalities were up A new video is available on the Safe Drivers 20 percent in 2015,” Smart Options website to help law enforce- said Michael L. ment professionals identify potential Prince, OHSP direc- cognitive impairment problems among tor. “Hundreds of older drivers. Capt. Gene Kapp, MSP Third District Headquarters, discusses stepped up families are suffering The video also explores potential enforcement at a recent news conference in Saginaw. tragic consequences actions if the individual’s driving ability is Law enforcement officers from police because drivers made the wrong choice compromised. departments, sheriff’s offices, and the to drive drunk. The law enforcement offi- A link to the roll call video can be found Michigan State Police (MSP) are hop- cers that participated in this campaign are at michigan.gov/agingdriver. The video ing the designated driver gets your vote dedicated to changing that.” is the first item on the list under the law throughout this election season. They To highlight the dangers of drunk driv- enforcement dropdown in the profession- recently stepped up drunk driving patrols ing, law enforcement officials shared safety al’s corner. across the state as part of the Drive Sober messages during news events in Clinton The professional’s corner includes or Get Pulled Over campaign from August Township, Kentwood, and Saginaw. additional reference materials to help law 18-September 5. enforcement officers learn more about older driver safety. Mercer receives Swanson Public Service Award

The award honors an individual who primary safety belt coalition, the repeat has made notable improvements in the offender task force, the state safety man- management or implementation of a high- agement system, and the Traffic Records way safety program or policy, or provided Coordinating Committee. She has served outstanding service to the GHSA, federal as the program organizer for the National safety agencies or other national highway Strategic Highway Safety Plan Peer safety organizations. Exchange and worked on a variety of Betty Mercer was nominated by, from left, Throughout her career, Mercer has demonstration projects for the National Michael L. Prince, director, Michigan OHSP; made significant contributions to improv- Highway Traffic Safety Administration Troy E. Costales, governor’s representative ing highway safety in Michigan and (NHTSA). and administrator, Oregon Transportation Safety Division; and Jana R. Simpler, director, nationwide. She is an expert on highway Mercer is a former vice chair at the Delaware Office of Highway Safety. safety office administration, a mentor to GHSA, former chair, and current mem- both GHSA members and staff, and an ber of the Transportation Research Board Betty J. Mercer, former director of the OHSP, invaluable resource to GHSA and to state Occupant Protection Committee, and received the Kathryn J.R. Swanson Public highway safety offices across the country. serves as a member of the University of Service Award August 30 at the Governors Mercer helped create the Michigan Michigan Traffic Research Institute External Highway Safety Association (GHSA) annual Coalition to Reduce Underage Drinking, Advisory Board. meeting in Seattle. the Michigan Traffic Safety Summit, the

2 September 2016 Michigan.gov/ohsp SAFETY Network

Birchfield v. North Dakota and what it means for Michigan By Kinga Gorzelewski and Kenneth Stecker

On June 23, 2016, the United States Similarly in the second case, an officer intrusion, preservation of a sample, etc.), Supreme Court in Birchfield v. North Dakota read Minnesota’s implied consent law to the Court held that their reasonableness cleared up what penalties can be imposed defendant Bernard. Like North Dakota’s as a search incident to arrest must be on impaired driving suspects who refuse statute, it informs motorists that it is a judged “in light of the availability of the evidentiary breath and blood tests. A crime to refuse to submit to a breath alco- less invasive alternative of a breath test.” 3 five-justice majority struck down implied hol test. Bernard refused to take the breath The Court found that there was no satis- consent laws that criminalize refusals of test and was subsequently charged with factory justification in the cases before it blood tests in drunk driving arrests. 1 a misdemeanor under the refusal statute. that would justify the officers demanding At this time, it doesn’t appear that this Unlike in the first two cases, the third a warrantless blood draw versus the less- ruling will have an impact on Michigan’s defendant Beylund actually agreed to a invasive breath test. implied consent law, which carries only blood draw after an officer read him North In conclusion, the Court held that evi- administrative sanctions for breath or Dakota’s implied consent law. He later dentiary breath tests will continue to fall blood refusals. argued that his consent to the blood draw under the search incident to arrest excep- The Birchfield Court stated the following, was coerced by the officer’s warning that tion to the warrant requirement, officers “Our prior opinions have referred approv- refusing the test would be a crime in itself. need not acquire a search warrant before ingly to the general concept of implied At issue for the Court to decide was the requesting a breath sample from a drunk consent laws that impose civil penalties constitutionality of criminalizing chemical driving suspect, and refusals can continue and evidentiary consequences to motor- test refusals. In determining whether the to be criminalized. On the other hand, the ists who refuse to comply. Petitioners do search incident to arrest doctrine applies Court ruled that warrantless blood draws not question the constitutionality of those to evidentiary breath and blood tests, are in violation of the Fourth Amendment’s laws, and nothing we say here should be the Court examined the extent to which prohibition against unreasonable searches read to cast doubt on them. It is another the law infringes on an individual’s pri- and therefore a person cannot be charged matter, however, for a State not only to vacy rights versus the extent to which it is with a crime for refusing an illegal search insist upon an intrusive blood test, but also needed to promote a legitimate govern- in a drunk driving investigation. to impose criminal penalties on the refusal ment interest. It’s also important to note that even to submit to that test.” 2 As to the first prong, the Court ruled though the Court approved of implied The Court consolidated three cases in that breath tests do not implicate signif- consent laws that only impose adminis- this opinion—Birchfield v. North Dakota, icant privacy concerns because there is trative sanctions such as Michigan’s, the Bernard v. Minnesota, and Beylund v. Levi. minimal physical intrusion, humans do Court did strongly emphasize a preference The implied consent laws at issue in both not have a possessory interest in the air in for blood draw warrants, absent situa- North Dakota and Minnesota make it a mis- their lungs, and the tests are only capable tions that involve consent and the exigent demeanor to refuse an evidentiary breath of revealing one bit of information—the circumstances exception to the search war- or blood test. All three defendants were amount of alcohol in the subject’s breath. rant requirement. arrested on drunk driving charges. They The Court concluded that breath tests For more information on this article and each challenged the constitutionality of were no more intrusive than swabbing PAAM training programs, contact Kenneth their state’s implied consent laws, alleg- the inside of a suspect’s cheek for a DNA Stecker or Kinga Gorzelewski, Traffic Safety ing Fourth Amendment violations since sample or scraping underneath a suspect’s Resource Prosecutors, at 517-334-6060 no warrants were acquired in any of the fingernails to find evidence of a crime, both or e-mail at [email protected] or three cases. procedures having been upheld as consti- [email protected]. Please consult In Birchfield, the state trooper who tutional warrantless searches. your prosecutor before adopting practices arrested defendant advised him of his obli- However, the Court reached a differ- suggested by reports in this article. Discuss gation under North Dakota law to undergo ent conclusion with respect to blood tests. your practices that relate to this article a blood test and that a refusal could lead to Because blood tests implicate significant with your commanding criminal punishment. Defendant refused a privacy concerns (significant physical officers, police legal advi-

blood draw and was charged with a mis- 1 Birchfield v. North Dakota, 2016 WL 3434398, ___ S.Ct.___ sors, and the prosecuting demeanor under North Dakota’s refusal (2016) attorney before chang- statute. 2 Id. at 36. ing your practice. 3 Id. at 25.

3 September 2016 Michigan.gov/ohsp SAFETY Network

GHSA report spotlights dangers of drowsy driving

The extreme danger posed by tired driv- ers has prompted the NHTSA to expand its Riley joins definition of impaired driving to include not only drunk, drugged and distracted, OHSP staff but also drowsy. The NHTSA estimates the annual societal cost of fatigue-related fatal Jessica Riley recently and injury crashes is a staggering $109 bil- joined the OHSP staff lion, not including property damage. as the traffic records The GHSA report examines the cause program coordinator. and effect of drowsy driving as well as She will be responsi- how states and others can best address ble for implementing it. Additionally, it discusses legislative, the traffic records sec- enforcement, education, and engineering tion of the Highway Safety Plan and countermeasures being employed as well overseeing grant development and as in-vehicle technologies that are avail- program coordination with state and able today or on the horizon. local traffic records partners. In today’s fast-paced society, Americans The study also explores the crash char- Before coming to the OHSP, Jessica are sacrificing sleep, which too often leads acteristics and drivers who are most at worked at the Michigan Department to tragic consequences on our roadways. risk. Teens and young adults are involved of Treasury as a tobacco field enforce- A new report from the GHSA points out in more than half of all drowsy driving ment agent. She also was a data that nearly 83.6 million sleep-deprived crashes annually. People who work nights warehouse coordinator and finan- Americans are driving every day. or long or irregular shifts are also more cial business analyst for the Michigan Researchers for Wake Up Call! likely to get behind the wheel when they Automated Child Welfare System at Understanding Drowsy Driving and What are too tired to drive, along with the esti- the Michigan Department of Health States Can Do said an estimated 5,000 mated 40 million Americans who suffer and Human Services. lives were lost nationwide in drowsy-driv- from a sleep disorder. Jessica earned a bachelor’s degree ing related crashes last year. in family studies from Western Michigan University.

What’s Ahead

OCTOBER 21 Traffic Records and Information 10 Senior Mobility and Safety Action 5 Traffic Incident Management Action Systems meeting. MSP Headquarters, Team. Horatio S. Earle Learning Center, Team meeting. MSP 7th District 7150 Harris Drive, Dimondale, 1:30 p.m. 7575 Crowner Drive, Dimondale, 1:30 Headquarters, 931 S. Otsego Avenue, 25 Distracted Driving Action Team p.m. Gaylord, 9:30 a.m. meeting. MSP Headquarters, 7150 15 Pedestrian and Bicycle Safety 11 Occupant Protection Action Team Harris Drive, Dimondale, 1 p.m. Action Team meeting. Horatio S. Earle meeting. MSP Headquarters, 7150 NOVEMBER Learning Center, 7575 Crowner Drive, Harris Drive, Dimondale, 10 a.m. 2 Michigan Truck Safety Commission. Dimondale, 9 a.m. 19 Impaired Driving Action Team meet- Michigan Center for Truck Safety, 1131 ing. MSP Headquarters, 7150 Harris Centennial Way, Lansing, 9 a.m. Drive, Dimondale, 10 a.m.

4 September 2016 Michigan.gov/ohsp SAFETY Network

Enforcement, emergency, first responders remind drivers to move over

Law enforcement officials, fire and ambu- were simply doing their job. It must stop Fire Chief Jeff Roberts. “We are asking driv- lance representatives, and tow and now.” ers to always exercise care and caution recovery operators are speaking with Among those calling for strict adher- when driving past an incident.” one voice to remind Michigan drivers to ence to the law are: AAA Michigan, The MSP remains committed to strict move over and slow down for emergency Michigan Association of Ambulance enforcement of this law statewide. A vehicles. Services, Michigan Association of Chiefs of motorist found responsible for violating They are unanimous in agreement that Police, Michigan Association of Fire Chiefs, the move over law is guilty of a misde- too many drivers are putting emergency Michigan Department of Transportation, meanor and is subject to four points on responders at risk by failing to obey the OHSP, Michigan Sheriffs’ Association, their driver’s license. Enhanced penalties state’s Emergency Vehicle Caution Law, are assessed of up to 15 years in prison more commonly known as the move over and/or a $7,500 fine if the violation causes law. The law requires motorists to move injury or death to a police officer, firefighter over for stationary emergency vehicles or other emergency response personnel. with their lights activated or slow down The law applies to the following emer- and pass with caution if it is not possible gency vehicles: ambulance, fire, police, to safely change lanes. rescue, road service, and wrecker. “I believe we can call this an epidemic,” A 2014 Michigan statewide phone sur- said F/Lt. Ken Dilg, MSP Metro North Post MSP, Move Over Michigan, Inc., Michigan vey commissioned by the OHSP found commander. “Near misses are an everyday Towing Association, and the Southeastern nearly 80 percent of motorists know of the occurrence. We routinely have to replace Michigan Association of Fire Chiefs. move over law and know that it applies to vehicles that are struck and destroyed. “Emergency responders are there when police vehicles, fire trucks, and ambulances. Worst of all, we have all lost people who and where motorists need help with their Only 60 percent know the law also applies vehicle or medical attention,” said Wixom to tow trucks.

Traffic fatalities up sharply nationwide in 2015

The nation lost 35,092 people in traf- control, have also contributed to reducing that led to increased driving, including fic crashes in 2015, ending a five-decade traffic fatalities. After a decade-long down- increased leisure driving and driving by trend of declining fatalities with a 7.2 per- ward trend, traffic deaths in 2015 increased young people. More driving can contrib- cent increase in deaths from 2014. The by nearly one-third compared to 2014. ute to higher fatality rates. In 2015, vehicle final data released recently by the NHTSA In response, federal officials are issuing miles traveled increased 3.5 percent over showed traffic deaths rising across nearly an unprecedented call to action to involve 2014, the largest increase in nearly 25 years. every segment of the population. The last a wide range of stakeholders in help- Pedestrian and pedalcyclist fatalities single-year increase of this magnitude was ing determine the causes of the increase. increased to a level not seen in 20 years. in 1966, when fatalities rose 8.1 percent The NHTSA will share its Fatality Analysis Motorcyclist deaths increased over 8 per- from the previous year. Reporting System (FARS) with safety part- cent. The NHTSA also noted human factors Ten years ago, the number of traf- ners, state and local officials, technologists, continued to contribute to the majority of fic deaths was nearly 25 percent higher, data scientists, and policy experts. And crashes. Almost half of passenger vehicle with 42,708 fatalities reported nation- private sector partners using new data col- occupants killed were not wearing seat wide in 2005. Since then, safety programs lection technologies will be offering access belts. Research shows almost one in three have helped lower the number of deaths to unprecedented amounts of data and fatalities involved drunk drivers or speed- by increasing seat belt use and reducing new visualizations tools. ing. One in 10 fatalities involved distraction. impaired driving. Vehicle improvements, According to the NHTSA, job growth including air bags and electronic stability and low fuel prices were two factors

5 September 2016 Michigan.gov/ohsp SAFETY Network

Updates from the Traffic Crash Reporting Unit By Sgt. Scott Carlson

CONVERSION TO THE 2016 UD-10 UD-10 TRAFFIC CRASH ADVISORIES: UD-10 applications will allow law enforce- FORMAT: The UD-10 Traffic Crash Advisories have ment officers to simply place a push pin on The go-live date for the changes to the returned and now provide updates on a map to record the location of the traffic UD-10 was Jan. 1, 2016. Of the six elec- the revisions made to the 2016 UD-10. crash, in lieu of entering a street, distance, tronic vendors only one is fully deployed Because of this form change, please disre- direction, and intersecting street on the to the field, two have deployed to some gard all previous advisories as they may no UD-10. A pilot project is scheduled for the of their agencies, and three have yet to longer apply. The first edition of the new Lansing area this fall. deploy. With that being said, none of the advisories was published in August 2016 vendors have completed their recertifica- and can be found under the heading “UD- TRAINING: tion with the Traffic Crash Reporting Unit 10 Advisories” at www.michigan.gov/crash. Looking for on-site training for your (TCRU). The TCRU is working closely with department or agency? Contact Sgt. Scott these vendors to ensure a quality prod- TRAFFIC CRASH REPORTING SYSTEM Carlson with the TCRU to schedule a free uct is delivered to the law enforcement WEB REDESIGN: UD-10 update class to learn the most com- agencies. The TCRU recently kicked off a workgroup mon mistakes made on the UD-10 and how to gather requirements for a redesign of to improve your reporting accuracy. FARS GUIDE: our website. This new website will allow for A FARS guide was created in 2010 to assist a more user-friendly approach to search CONTACT INFORMATION law enforcement officers with alcohol and our live database for current, up-to-date For information on the Traffic Crash drug reporting on fatal crashes. That guide crash data, and UD-10 reports. This work- Advisories email the TCRU at CrashTCRS@ is now outdated and does not reflect the group consists of law enforcement and michigan.gov or call 517-241-1699. revisions made to the UD-10 in 2016. An traffic safety professionals from around For training inquiries or information per- updated guide has been developed and Michigan at the local, county, and state taining to the CLIP or the website redesign, will be sent to each agency once com- levels. contact Sgt. Scott Carlson at CarlsonS1@ pleted. This is an important area and michigan.gov or call 517-745-8794. significant changes have been made that CRASH LOCATION IMPROVEMENT For specific reports or live data requests, affect how alcohol- and drug-involved PROJECT (CLIP): contact our crash analyst, Amanda crashes are posted to driving records. The TCRU is nearing completion of the Heinze, at [email protected] or call CLIP. This interface with the electronic 517-284-3044.

6 September 2016 Michigan.gov/ohsp SAFETY Network

GTSAC seeks nominations for outstanding traffic safety achievements

Each year the Governor’s Traffic Safety RICHARD H. AUSTIN LONG-TERM Advisory Commission (GTSAC) honors TRAFFIC SAFETY ACHIEVEMENT individuals, organizations, and programs AWARD by presenting awards for outstanding con- Award winners will be individuals or orga- tributions to traffic safety in Michigan. This nizations judged to best represent “the is a chance to honor the best of the state’s spirit of traffic safety” through a sustained, traffic safety community: people of all ages long-term contribution (10 years or lon- who are motivated to seek changes and ger) and commitment to traffic safety in improvements and who work effectively Michigan. as an individual or as part of a team. INDIVIDUALS, COALITIONS, OUTSTANDING TRAFFIC SAFETY ASSOCIATIONS, ORGANIZATIONS, ACHIEVEMENT AWARD AGENCIES Award winners will be individuals or orga- Multiple programs or a single, long-term nizations whose contributions during traffic safety effort are eligible. GTSAC 2014-2016 are judged to stand above oth- member agencies are not eligible. ers in the state. Nominations must include The GTSAC will present the awards at a well-defined problem and present clear a luncheon March 22, 2017, during the and measurable results. Michigan Traffic Safety Summit at the STUDENT AWARD Kellogg Center in East Lansing. This is the first year for the Student Award. Award nominations must be received by The GTSAC will recognize a high school or November 4. An electronic version of the college student engaged in a traffic safety nomination form is available at Michigan. program. gov/gtsac.

Strive 2 Arrive Alive Conference

The Strive 2 Arrive Alive Teen Driver Safety Conference is a youth-led event for high school students across the state. The group’s sixth annual gathering is October 26 at the Celebration Cinema North in Grand Rapids. There will be simulators for students to test out and heartfelt speakers sharing reduce fatalities and injuries related to car their experiences about distracted driving. crashes. Informational vendors will be on hand and For any schools interested in participating, there will be prizes. registration forms and other information are The goal is to educate teens about the available at http://www.ioniacountyyac.org/ dangers of distracted driving and help strive-2-arrive-alive-conference.

7 Michigan Office of Highway Safety Planning FY2017 Traffic Safety Campaigns

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Date Event Date Event Oct. 16-22 Teen Driver Safety Week social media effort March 21-23 Michigan Traffic Safety Summit Oct. 31 Halloween enforcement social media effort Distracted Driving Awareness Month April Drive Slow on Ice and Snow advertising enforcement Nov.-Feb. campaign May 22-June 4 Click It or Ticket mobilization Nov. 23-27 Operation C.A.R.E. July 4 Fourth of July Social media effort Drive Sober or Get Pulled Over enforcement, Aug. 18-Sept. 3 Drive Sober or Get Pulled Over crackdown Dec. 15-Jan. 1 social media effort Sept. 17-23 Child Passenger Safety Week Feb. 4-5 Super Bowl social media effort Sept. 23 National Seat Check Saturday crack- Mar. 16-29 Drive Sober or Get Pulled Over down September 2016 Michigan.gov/ohsp SAFETY Network

OHSP Staff:

Contact Program Area Phone E-mail Michael L. Prince Director 517-284-3066 [email protected] Janet Hengesbach Bawol Executive Secretary 517-284-3066 [email protected] SAFETY PLANNING AND ADMINISTRATION Alicia Sledge Section Chief 517-284-3140 [email protected] Susan Bishop Grants Technician 517-284-3059 [email protected] Linda Fech Teens/Seniors 517-284-3063 [email protected] Charlotte Kilvington Analysis & Evaluation 517-284-3068 [email protected] Jessica Riley Traffic Records 517-284 -3112 [email protected] COMMUNICATIONS Anne Readett Section Chief 517-284-3120 [email protected] Kristin Allen Digital Media 517-284-3045 [email protected] Jonathan Benallack Graphic Design 517-284-3048 [email protected] Melody Kindraka Public Information 517-284-3071 [email protected] Kendall Wingrove Editing 517-284-3147 [email protected] FINANCIAL MANAGEMENT Spencer Simmons Section Chief 517-284-3136 [email protected] Julie Roth Secondary Road Patrol 517-284-3121 [email protected] Kara Rueckert Administrative 517-284-3091 [email protected] Heidi Ruis Federal Programs 517-284-3122 [email protected] Jean Shattuck Accounting 517-284-3123 [email protected] PROGRAM MANAGEMENT Jason Hamblen Section Chief 517-899-3255 [email protected] Jamie Dolan Northern Michigan 906-225-7036 [email protected] Pat Eliason Police Traffic Services 517-284-3061 [email protected] Michael Harris Drug Evaluation Classification (DEC) 517-420-7889 [email protected] Alyson Kechkaylo Occupant Protection 517-284-3067 [email protected] Dianne Perukel Underage Drinking 517-284 -3111 [email protected] Christy Sanborn Impaired Driving 517-284-3135 [email protected]

Safety Network is published by the Michigan Office of Highway Safety Planning Editor: Kendall Wingrove Designer: Jon Benallack Office of Highway Safety Planning P.O. Box 30634 Lansing, MI 48909 517-284-3332

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