Getting Traction by James J
22 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS
Getting Traction by James J. Baxter, President, NMA
or over 20 years the NMA has Editorial Board's take on the NHTSA argued against the government/ article. It is printed in its entirety for F media proposition that our your enjoyment: TABLE OF CONTENTS highways are little more than killing VOLUME 15 • ISSUE 5 fields where the foolish venture to exercise a death wish. Every holiday The Wall Street Journal On The Road Getting Traction...... 2 season the headlines proclaiming death Editorial NMA Defeats Proposed New York Law ...... 3 and mayhem on our streets, roads, and highways are regurgitated for public The Yearly NHTSA Report Political Clout ...... 4 consumption and repeated on the Six Wednesday, August 12, 2004 How Much Is Insurance Savings O'clock News. Highway safety has been Worth To You?...... 4 Just as reliably, the NMA has responded that simply looking at num- improving for years, and it's good 2004 NMA Business Members...... 6 bers of fatalities or being mesmerized to see the National Highway Traffic Taking The Fight To D.C...... 7 by a spectacular Interstate pile-up Safety Administration finally catch- Attention Race Fans! ...... 8 does not convey a rational picture of ing up with reality. In releasing its annual report on traffic fatalities What Can Be Done About “Black Boxes”....8 highway safety trends. We've beat the drum for using fatality rates and fatal Tuesday, the agency said "U.S. Drunk Driving Laws Are Out Of Control...... 9 accident rates to get a more useful roads are now safer than ever." The Fallacy Of Breath Alcohol and accurate measure of how safe That's good news, especially Analysis, Part II...... 10 (or dangerous) our highways have in August, when folks are packing up the family SUV for a week at News From Around The Country ...... 11 become. We've pointed out the futility of relying on enforcement the beach. But what a change Members Write ...... 12 gimmicks to influence highway safety. from the doom and gloom of a The Experts’ Corner...... 14 We've also argued against the use of year ago, when the agency NMA Items For Purchase ...... 15 draconian penalties and punitive over- warned that highway fatalities were at the "highest level since State Chapter Coordinators and Activists. 16 reaching laws intended to frighten and intimidate, or exploit motorists. But, it 1990" and suggested that the Copyright © 2004 by "grim" numbers were a reason to National Motorists Association Foundation. often seemed that no one was listening, shame states into passing draconian All rights reserved. that our positions weren't being taken seriously. I'm pleased to report that we, drunk driving and seat-belt laws. NMAF NEWS (permit # 0716556-KWP) is the The statistics released this week official publication of the National Motorists in fact, may be gaining some traction. Association Foundation, Inc. NMAF NEWS is The August 12, 2004 edition show that highway fatalities were published bimonthly by the National Motorists of the Wall Street Journal contained down in 2003—to 42,643 from Association Foundation, Inc., 402 W. 2nd St., 43,005 in 2002. But that doesn't tell Waunakee, WI 53597. (608/849-6000) Email: a lengthy article on the National [email protected] Web site: www.motorists.org Highway Traffic Safety you much about safety until these Nonprofit bulk permit paid Madison, WI. Annual Administration's (NHTSA) latest take numbers are placed alongside the membership in the National Motorists Association amount of driving people are doing. includes a subscription to NMAF NEWS. on last year's highway accident and safety data. Because the numbers were The key statistic is fatalities per 100 down slightly (and insignificantly) million vehicle miles traveled. That NHTSA gave credit to its promotion of number hasn't changed much in EDITORIAL STAFF primary belt laws, lowering the BAC recent years—1.8 in 2003, 1.51 in standard to .08, and other fabrications 2002 and 1.51 again in 2001. Executive Editor: ...... Eric Skrum Sport utility vehicles have been Guest Writer: ...... John Holevoet intended to make the agency look like NHTSA's favorite whipping boy in Guest Writer:...... Radley Balko it had some responsibility for the slightly improved numbers. Of course, the past and it's hard to shake the there was the obligatory proposition habit. The agency comes down hard COVER that more laws, more enforcement, and on SUVs for their high "rollover" “Taking The Fight To D.C.” greater penalties were needed to shape rate. But like last year, it fails to up a recalcitrant driving public. Then, to my pleasant surprise, came the WSJ continued on page three
SEPTEMBER/OCTOBER 2004 33 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS NMA Defeats Proposed New York Law
n July, the NMA received word take a stand now before history from the New York Metro Area, that a measure was introduced repeated itself. If county bans on Justin Jih, in which he detailed his I that would have prohibited radar detectors passed, state bans opposition to any such ban. Jih later radar/laser detectors and jammers in would follow. forwarded this reply on to the NMA Suffolk County. Jon Cooper, a local Alerts were sent to our New York National Headquarters. In his response, county legislator from Huntington, was members urging them to speak out Cooper wrote, "My office has done the main proponent of the legislation. against this law before it gained additional research into the pros and He even went so far as to say that support. Numerous NMA members cons of enacting a ban on the use of these devices were used by people answered the call to action; They wrote radar detectors. As a result of this to "put thousands of innocent lives to their Suffolk County Legislators and research, I am pleased to advise you at risk every day." To put a stop to asked them to oppose this legislation. that I have decided to withdraw my this imaginary "problem," Cooper Others prepared to speak out against proposed legislation." called for a law that would have the measure at a proposed public We are proud of the work our forbidden the use of such devices in hearing, which was scheduled to take members did to educate Cooper and the county and charged violators a place on August 10th in Hauppauge. other Suffolk County Legislators on fine of up to $250. The hearing never happened this issue. The impact of our members' The NMA immediately took action though. After getting a real sense of input cannot be minimized, and this against this measure. The importance the popular opposition to his proposed show of strength by the NMA will of the proposal was obvious; New measure, Cooper withdrew his bill hopefully deter others in Suffolk York's ban on hand-held cell phones from consideration. The letters, phone County or elsewhere in New York while driving started on a county level calls, and emails of NMA members from proposing similar radar/laser and later was applied statewide. It was had paid off. Cooper has responded to detector bans. vitally important that our organization a letter written by one of our members
Traction continued from page two the opportunity to expand on the vehicle miles traveled, a 94 percent themes it emphasized. This too is re- reduction! Nor does NHTSA care to point out that while SUVs are more printed here for your reading pleasure: point out that 85 percent of this likely than regular cars to roll over reduction in fatality rates occurred during a fatal wreck, they aren't before the onset of mandatory likely to be involved in a fatal wreck What a great surprise, one of seatbelt laws, airbags, .08 DUI in the first place. For light trucks the most widely read publication in laws, road blocks, or red light (the category that includes SUVs), the country, the Wall Street Journal, ticket cameras. the fatality rate per 100 million acknowledges that our incredible The NHTSA spokesperson was vehicle miles traveled has been system of individual mobility is not hard pressed to explain why the slightly lower than the rate for the road to hell, but rather a agency's computer models fore- passenger cars in each of the wonderfully safe and efficient casted a thousand more fatalities past five years. mechanism that serves almost than actually occurred. Maybe this Critics chalk up the NHTSA's 300 million people on a daily basis. was the same computer model positive spin to election-year It was gratifying to read that the that predicted 6000 additional politics. Whatever the reason, WSJ Editorial Board recognized the fatalities if the 55 mph National we're glad the agency has finally relevance of fatality rates, versus Speed Limit were to be repealed? acknowledged the good news the simplistic, politically motivated, (The number of fatalities and the about highway safety, even if it's pandering of fatality numbers. fatality rate both fell the year after not ready to hop into an SUV. The safety mavens in NHTSA "55" was repealed.) systematically ignore the historic fact that our highway related James J. Baxter This editorial sounds like it was fatality rate was once 25 persons President drafted in the NMA office! Never per 100 million vehicle miles National Motorists Association content, we drafted a letter to the editor traveled. Today that rate is less lauding the paper's position and taking than 1.5 fatalities per 100 million printed on recycled paper
SEPTEMBER/OCTOBER 2004 44 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS Political Clout by James J. Baxter, President, NMA
ost of us assume that our ability reason they have more influence than politician to your concerns is to M to influence political outcomes their neighbors or friends is that they actively work on his or her campaign is limited to that once-every- choose to have more clout. as a volunteer. You might think that the year-or-two ballot box exercise If you want to be more "equal" big check from a major donor will where we vote for the candidates we when it comes to determining the outgun your lowly status as a stamp think will best represent our interests. fate and nature of public policies, licker or envelope stuffer, but you The likelihood that we as individuals there are several avenues to travel. have a major advantage. That big will actually swing an election one At one extreme you can choose to check will be forgotten the day after way or the other is pretty minimal. run for elective office; you really it arrives while your presence will be The one-person-one-vote principle don't need anyone's permission to noticed and appreciated day in and day implies political equality. In reality make that decision. At the other out, and the impression will be lasting some people are a lot more "equal" extreme you can simply write a letter and the connection personal. Just than others. to an elected official and state your compare how easy it is to say "no" The main reason certain people opinion on a topic important to you. to a stranger and how hard it is to have more sway over political out- Granted, there are some topics that say "no" to a friend. comes is that they simply choose to elected officials hear a great deal If you don't like the political do so. The neighborhood crank that about. However, 90 percent of their direction of your city, state, or the lobbies city hall to put a speed hump decisions are devoid of constituent country at large, you don't have to sit on your street or the housewife that input. Another rare event in the lives back and resign yourself to accepting becomes immersed in a political of many legislators is receiving a letter the consequences. If you want more campaign are not endowed with any from a constituent that compliments political clout, it's there for the taking, special skills, resources, or connections them on a job well done. no permission needed. that give them political clout. The An excellent way to sensitize a How Much Is Insurance Savings Worth To You?
ant to save a few dollars on the time they are out on the road. (GPS) technology to track where the your auto insurance bill? Periodically, the customer can take insured vehicles are. The location of WW If so, you might have to be the sensor out of the vehicle and the vehicles will be constantly sent to willing to give up your privacy. Two download the data it has been storing the company. Owners of cars that insurance companies are poised to into a computer for viewing. If he or spend more time in safer areas will offer discounts on their customers' she wishes, this information can then qualify for discounts. If this sounds premiums, but there's a catch—a big be shared with Progressive. The familiar, it should; Progressive tried a one! Progressive in the United States insurance company will offer two similar test using GPS devices in 2001. and Norwich Union in Great Britain different discounts to participants. The company quickly dropped that will give consumers a break, if they First, drivers who can show they program because of high costs and agree to have their driving tracked by rarely (less than 0.1 percent of the customers' privacy concerns. electronic monitors. time) exceed Minnesota's 75 mph While Progressive's new test is Both companies began their "trial speed limit will receive a five percent voluntary and seems fairly harmless, programs" in late August. Norwich discount. Plus, those who avoid most people realize all too well that Union has given all its customers the driving at the most dangerous time those trial concepts that were once chance to be tracked like criminals. (between midnight and 4 a.m. on voluntary often become mandatory Progressive is extending this weekends) will also be able to save policies. If you currently have "privilege" only to the people it in- on their car insurance bill. Progressive insurance, particularly sures in Minnesota. The company's Progressive has promised that, if you live in Minnesota, be sure to program calls for drivers, who want to at least initially, customers who express your concerns to the com- participate, to install a small electronic don't send in their data will not be pany about its newest Orwellian sensor in their cars. The sensor will penalized; they just won't get the brainstorm. Progressive's customer then keep track of the motorist's speed, available discounts. Norwich Union's service line is 1-800-PROGRESSIVE how many miles he or she drives, and test will use global positioning satellite (1-800-776-4737).
SEPTEMBER/OCTOBER 2004 55 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS
NEW!
Introducing The All New Passport 8500 X50
The Passport 8500 has been hailed as the most effective counter measure to the newest traffic revolutionary radar/laser detector ever. monitoring technology Forbes.com said, “it might be the best radar • X-tremely quiet…our patented detector ever made!” Popular Mechanics called AutoSensitivity™ virtually eliminates false it “state of the art.” Radartest.com named it alarms “The World’s Best!” There’s never been a detector like the Passport For more than 25 years ESCORT has set the 8500 X50. It is in a class of its own. And, it’s standard. Now, we’re raising the bar…again. available with a high-intensity red or new Introducing the all new Passport 8500 X50… brilliant blue display. the most advanced and most sophisticated The World’s Best Just Got Better – Guaranteed! detector ever! The Passport 8500 X50 No other detector on the planet gives you takes radar/laser perfor- this level of performance. The new mance to the X-treme: Passport 8500 X50 is the most • X-treme radar advanced and the most sophisticated range…up to 50% more range radar/laser system ever created. Order on the all-important K and Ka bands yours today. We’re so confident that you’ll love • X-treme laser response…high perfor- it, we’ll let you drive it for 30 days-completely mance circuitry that provides maximum laser risk free! warning and superior off-axis protection The all new, technologically advanced Passport • X-treme POP protection…the most 8500 X50 from ESCORT. The legend lives on.
Call Toll Free 1-888-8 ESCORT Passport 8500 X50 Blue $339.95 1-888-837-2678 Passport 8500 X50 Red $299.95 Plus S&H. OH residents add 6.5% sales tax Escort Inc. 5440 West Chester Road West Chester, Ohio 45069 513-870-8500 • Fax 513-870-8509 DETECT THE DIFFERENCE Department 431094 www.escortradar.com
©2004 Escort Inc.
SEPTEMBER/OCTOBER 2004 66 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 2004 NMA Business Members
ach year, we proudly publish a a fifteen percent discount toward the business member and supporting the list of NMA business purchase of any NMA advertising NMA in this manner, please call the E members. These businesses package. Your company officers are national office at 608/849-6000 for have supported our causes included in our Traffic Justice more information. throughout the past year and we Program, and are eligible for all of Thank you, to all of our 2004 hope you will support them. our regular NMA benefits. business members. As a business member, you receive If you are interested in becoming a
Act 1 Carol O'Loughlin Bose Law Firm PLLC Fred T. Franks JR. Real Estate Inc. McLean, VA Saltillo, MS Falmouth, MA 02540 703-981-7726 662-869-1403 508-540-4200 [email protected] G. E. Grigsby Inc. Alexandria Bavarian Service Camptown Tool & Die Co. Inc. Stafford, TX Alexandria, VA Kenilworth, NJ 281-879-4442 703-836-2002 [email protected] [email protected] Capitol Insurance Center Indianapolis, IN Goodman Sales Co. Inc. Amex Tool Co. Inc. 317-253-1155 North Arlington, NJ Asbury, NJ [email protected] 201-997-2900 908-735-5176 [email protected] Casey W. Raskob III Gross & Romanick PC Attorney At Law Fairfax, VA Anderegg & Mutschler LLP Croton-On-Hudson, NY 703-273-1400 Milwaukee, WI 914-271-5383 [email protected] 414-963-4590 [email protected] HPE Inc. Associated Beer Distributors Dana Fleet Leasing Reno, NV Of Illinois Toledo, OH Springfield, IL 419-891-7594 Hulett Trucking Inc. 217-528-4371 Allenton, MI [email protected] DJ Trucking Co. Inc. 810-395-7121 Canton, MI [email protected] Automotive Marketing Consultants 734-765-7449 Vista, CA [email protected] Jeannie Mucklestone PLLC Seattle, WA B & H Industrial Inc. Doug & Mark Volk 206-623-3343 Midland, TX Riverside, CA [email protected] 915-683-8032 [email protected] Driver Rehabilitation Services Inc. Lap Belt Cinch Inc. Dundas, ON Hockessin, DE Bancare Inc. 905-627-2535 302-234-8110 Hawthorn Woods, IL [email protected] [email protected] 847-394-1122 Eck, Collins & Marstiller Law Offices of Hector Bare Bones Software Inc. Richmond, VA Hernandez-Nazario Bedford, MA 804-788-4457 San Juan, PR 781-687-0700 [email protected] 787-255-5550 [email protected] [email protected] Edison Properties Barry S. Jacobson Newark, NJ Attorney At Law 973-202-9938 Brooklyn, NY continued on page seven 516-935-1990 [email protected]
SEPTEMBER/OCTOBER 2004 77 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS Taking The Fight To D.C. hanks to the generous support made the call for your help, and you winner of our European Driving Tour of its members, the National answered it. We are poised to get Sweepstakes. Thomas and a guest will T Motorists Association is proud motorists the representation they be fortunate enough to enjoy a terrific to announce that its 2004 Legislative deserve and need in Washington D.C. vacation in Europe. We'd like to take Fund Drive has been a tremendous This November, our search for the this opportunity to again thank the success. In May, the organization had NMA's new D.C. lobbyist will begin. folks at www.driveeurope.com for set for itself the lofty goal of raising It's key to wait until the tumult of providing this trip. $60,000. With donations continuing to the upcoming election has passed. Of course, a more important "thank trickle in, the NMA has exceeded this This will allow the NMA to make a you" is directed at the members amount. To date, over $63,000 has better and more permanent decision who took the time to donate to our been raised. as to who it would like to hire to stand legislative efforts. Thanks to you, Almost thirteen percent of our up for the rights of our members 2005 will be a year of even greater members have contributed, which is and others. opportunity for the NMA. We look one of the highest response rates to any We would also like to extend our forward to reporting on our progress fundraising effort in the NMA's 22- congratulations to NMA member in the coming year. year long history. The organization Thomas Wood. He was the lucky
Norbco Inc. Southern Electronics Business Members Westmoreland, NY Richmond, VA continued from page six 315-853-3936 804-423-1100 [email protected] Pamela Hudson Law Offices Of Sherman Ellison Alpine, CA Speedometer Calibration Center Sherman Oaks, CA 619-445-8500 Virginia Beach, VA 818-994-8888 757-490-0775 [email protected] Pantech Inc. [email protected] Wayne, PA Luxury Limousine/Florida Keys 610-688-3998 Sunset Sound Factory Key Largo, FL Hollywood, CA 305-367-2329 Reading's Fun Book Fairs 323-469-1186 [email protected] Lansing, IL 800-601-7136 Traffic Law Center Mancke, Wagner & Spreha [email protected] Ballwin, MO Harrisburg, PA 636-207-9600 Robert S. Hattner MD [email protected] Michigan Licensed Beverage San Francisco, CA Association 415-388-8885 Trol-Matic Services Lansing, MI [email protected] Corcoran, MN 517-374-9611 612-494-4681 [email protected] Rufus Derouen Diamond Bar, CA Valentine One Missouritraffictickets.com 714-368-8113 800-331-3030 Springfield, MO [email protected] www.valentine1.com 417-832-0111 [email protected] Scientific Retail Systems Inc. Walkup Transport Inc. Caro, MI Kendallville, IN MTSE International 517-673-6226 260-347-4397 New York, NY [email protected] 866-427-7408 Soundtel Inc. [email protected] Bothell, WA Xtier Net Stroudsburg, PA 908-768-6966 [email protected]
SEPTEMBER/OCTOBER 2004 88 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS Attention Race Fans!
he NMA is the proud sponsor of "Topspeed." In his first race of the five of the eleven laps, after a near racecar driver Louis "Topspeed" weekend, he started off in last (18th) miss sent him off the track surface. T Albornoz. This August Louis place, but quickly made up ground. It Nonetheless, he posted his fastest lap came to Road America to compete at was intense competition, but Louis times of the weekend and was only the national level championship. The managed to move up five places, two seconds off the leaders. For him, it track, set in the rolling hills of Elkhart was exhilarating to be competing Lake, Wisconsin, is one of the most against national caliber drivers. beautiful in the country. After the weekend was over, Louis Road America's proximity to commented, "I feel the weekend was a the NMA National Headquarters huge success for me personally, as well gave NMA staff the opportunity to as for the NMA. I did what I came enjoy a weekend of racing, promote here to do, and we put the NMA on the NMA to the tens of thousands of the same national platform as Fortune other spectators, and cheer on Louis. 100 companies that were also at the Promotional activities included an track." Louis already has his eyes set NMA information booth, numerous on next season. He's confident that announcements about our organiza- with the help of additional sponsors, tion's services and program over such as the NMA, he'll move even the loud speakers, and even a closer to fulfilling his racing dreams. which was great, considering it was his media interview. If you wish to contact Louis, he can very first time racing on that track. In The weekend also turned out to be reached at topspeedracer@ the second race, Louis finished only be exciting and challenging for email.com. What’s In Store For “Black Boxes”
or years now, without any To address these disparities, the stipulating that vehicle owners also F knowledge on the part of National Highway Traffic Safety own the data being collected by most motorists, several car Administration (NHTSA) has called EDRs are necessary. The motorist, manufacturers have been installing for the standardization of EDRs, and not his or her insurance company or Electronic Data Recorders (EDRs), has issued guidelines requiring all the authorities, should have the sole popularly known as black boxes, in black boxes to record the specific right to release this information. In the vehicles they produce. Currently, pieces of information in an easily addition, for motorists to truly be in there are already 30 million cars and downloadable format. NHTSA safety charge of this data, auto dealerships trucks on the road equipped with these engineer, John Hinch, claims that the must be required to tell consumers that devices, and that number is rising new regulations were made solely to such a device is in their vehicle and exponentially. The recent endorsement facilitate crash research. they must be willing to help owners of this controversial technology by the Hinch, and others at both NHTSA who want to have their EDRs disabled. National Transportation Safety Board and the NTSB, are quick to downplay The NHTSA proposal does call for (NTSB) will only hasten its growth. the fact that insurers and lawyers are disclosure of the device in every When questions arise regarding the increasingly using EDR data to owner's manual, but more widespread use of black boxes, so-called experts at determine fault in accidents. Despite publicity is needed because few people the NTSB respond with vagaries. In their best efforts to mollify public consult the manual. part, this is because of the difference concern, it's clear that this potential use Carmakers have expressed concerns between various types of EDRs. Put of black boxes cannot be overlooked. that the new disclosure requirements simply, black boxes are not created Motorists have already had their will hinder the installation of more equal. All of these devices record data insurance claims denied or even been EDRs because of possible negative at the time of an accident; However, charged with crimes based on the data reactions by customers. In other they vary greatly as to precisely what collected by these devices. words, if the public were actually information is recorded, the duration of Black boxes may be growing in informed about this issue, they would data collection, and how accessible prevalence, but this only increases the never stand for black boxes being their findings are. need for their regulation. Laws installed in their vehicles.
SEPTEMBER/OCTOBER 2004 99 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS Drunk Driving Laws Are Out Of Control by Radley Balko, Cato Institute
hen Pennsylvanian Keith inflated "alcohol-related" number into a breath test tube before starting Emerich went to the hospital when justifying new laws that chip the car, and at regular intervals while WW recently for an irregular away at our civil liberties. driving. A second law mandates that heartbeat, he told his doctor he was a For example, the Supreme Court juries hear all drunken driving cases. It heavy drinker: a six-pack per day. has ruled that states may legislate away then instructs juries to consider the Later, Pennsylvania's Department of a motorist's Sixth Amendment right to evidence "in a light most favorable to Transportation sent Emerich a letter. a jury trial and his Fifth Amendment the prosecution," absurd evidentiary His driver's license had been revoked. right against self-incrimination. In standard at odds with everything the If Emerich wanted it back, he'd need 2002, the Supreme Court of Wisconsin American criminal justice system is to prove to Pennsylvania authorities ruled that police officers could forcibly supposed to stand for. that he was competent to drive. His extract blood from anyone suspected Even scarier are the laws that doctor had turned him in, as required of drunk driving. Other courts have didn't pass, but will inevitably be by state law. ruled that prosecutors aren't obligated introduced again. New Mexico's The Pennsylvania law is old (it to provide defendants with blood or state legislature nearly passed a law dates back to the 1960s), but it's hardly breath test samples for independent that would mandate ignition interlock unusual. Courts and lawmakers have testing (even though both are feasible devices on every car sold in the state stripped DWI defendants of the and relatively cheap to do). In almost beginning in 2008, regardless of the presumption of innocence—along every other facet of criminal law, buyer's driving record. Drivers would with several other common criminal defendants are given access to the have been required to pass a breath test justice protections we afford to the evidence against them. to start the car, then again every ten likes of accused rapists, murderers These decisions haven't gone minutes while driving. Car computer and pedophiles. unnoticed in state legislatures. Forty- systems would have kept records of In the 1990 case Michigan v. Sitz, one states now reserve the right to the tests, which would have been the U.S. Supreme Court ruled that the revoke drunken driving defendants' downloaded at service centers and magnitude of the drunken driving licenses before they're ever brought to sent to law enforcement officials for problem outweighed the "slight" trial. Thirty-seven states now impose evaluation. New York considered a intrusion into motorists' protections harsher penalties on motorists who similar law. against unreasonable search effected refuse to take roadside sobriety tests That isn't to say we ought to ease by roadblock sobriety checkpoints. than on those who take them and fail. up on drunken drivers. But our laws Writing for the majority, Chief Justice Seventeen states have laws denying should be grounded in sound science Rehnquist ruled that the 25,000 drunk driving defendants the same and the presumption of innocence, roadway deaths due to alcohol opportunities to plea bargain given to not in hysteria. They should target were reason enough to set aside those accused of violent crimes. repeat offenders and severely the Fourth Amendment. Until recently, New York City cops impaired drunks, not social drinkers The problem is that the 25,000 could seize the cars of first-offender who straddle the legal threshold. number was awfully misleading. It drunk driving suspects upon arrest. Though the threat of drunken driving included any highway fatality in which Those acquitted or otherwise cleared has significantly diminished over the alcohol was in any way involved: a of charges were still required to file last 20 years, it's still routinely over- sober motorist striking an intoxicated civil suits to get their cars back, stated by anti-alcohol activists and pedestrian, for example. which typically cost thousands of lawmakers. Even if the threat were as It's a number that's still used today. dollars. The city of Los Angeles still severe as it's often portrayed, casting In 2002, the Los Angeles Times seizes the cars of suspected first-time aside basic criminal protections examined accident data and estimated drunk drivers, as well as the cars of and civil liberties is the wrong that in the previous year, of the 18,000 those suspected of drug activity and way to address it. "alcohol-related" traffic fatalities that soliciting prostitutes. Radley Balko is a policy analyst for drunk driving activists cited the year Newer laws are even worse. As the Cato Institute. To read more of his before, only about 5,000 involved a of last month, Washington State articles, you can visit his web site, drunk driver taking the life of a sober now requires anyone arrested (not www.theagitator.com. driver, pedestrian, or passenger. convicted—arrested) for drunken Unfortunately, courts and driving to install an "ignition interlock" legislatures still regularly cite the device, which forces the driver to blow
SEPTEMBER/OCTOBER 2004 1100 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS The Fallacy Of Breath Alcohol Analysis, Part II by John Holevoet
his is the second in a three-part for his scientific trials, Simpson importance of making all police T series on the problems and was forced to grapple with the agencies and the public aware of inaccuracies commonly various uncertainties associated with this fact. In his mind, using an often associated with breath alcohol alcohol breath testing. The type of inaccurate method (i.e. breath tests), measurements. In the July/August breath analyzer to be used and the which is further plagued by problems issue of the NMAF NEWS, I type of breath-alcohol simulator associated with the conversion addressed the research findings of used to calibrate the aforementioned between BrAC readings and BAC Dr. Michael Hlastala, whose work device were major concerns, not reading (see Part I of this series), to discredits the assumption that a to mention the great uncertainties determine blood alcohol content is stable, proportional relationship stemming from biological variance ridiculous when blood tests can exists between breath alcohol concen- among test subjects. simply be administered. tration (BrAC) and blood alcohol In the end, Simpson found that Simpson first came forward with concentration (BAC). Hlasta's the uncertainty of postabsorptive (after these reasoned suggestions for the arguments strike at the very basis full absorption of alcohol, i.e. when a legal community and breath analyzer upon which contemporary breath person's BAC is declining) breath test manufacturers in a peer-reviewed alcohol analysis has been built. could range from + 15 to + 27 percent. article in the journal, Clinical This article will explore the large He calculated that over 90 percent Chemistry. The article dates from and troubling degree of uncertainty of this variance was attributable to 1987, but astoundingly many of that is associated with all breath tests. biological factors specific to the test his warnings about breath tests' To aid in my arguments, I will rely on subject. Furthermore, limits on the accuracy were never heeded. the research of Dr. Gerald Simpson. accuracy and precision of breath Over 17 years later, breath tests When he first began to look into the testing in the absorptive state were not continue to play an integral role in the accuracy of breath alcohol testing, available and overall testing subjects arrest, prosecution, and conviction of very few of his colleagues had ever tested during this state (i.e. when DUI offenders. This continues despite considered staging an analysis of alcohol is still being absorbed and clear evidence of the uncertainties that breath testing methodology that a person's BAC is rising) were even come with breath test results. The would actually reflect conditions that less reliable than those conducted in problem of relying on breath tests too might be seen in the field by law the postabsorptive state. Simpson heavily is only exacerbated by the per enforcement officers administering deemed all breath tests unreliable for se limit of 0.8. With the entire process such tests to suspected drunk drivers. the determination of BAC. plagued by uncertainty, the enforce- The majority of the studies done These results led Simpson to ment of such a low and arbitrary before Dr. Simpson's pioneering conclude that breath tests should limit becomes an untenable position. research involved homogeneous not be used for evidentiary purposes The legal system still relies on flawed participant pools that were given unless the results yield a number high science and unsupported claims breath tests under strictly-controlled enough to make the many uncertainties as it continues to churn many laboratory conditions, which were not associated with breath tests a irrele- responsible motorists through true to the reality of DUI enforcement. vant. In his view, the margin of error the gears of DUI "justice." Police officers pull over both women was typically too high for the results to and men of all races, ages, body types, be used in the courtroom, even when Pacific Rim each with their own unique physiology multiple breath tests were conducted. and story to tell. At the same time, Simpson sought Radar & Laser Only a small number of field trials to make reasonable recommendations had been conducted. While these to the legal establishment that would From Jammers to GPS precursors to Simpson's work were justify the continued use of breath tests Only Pacific Rim has ALL the more representative, they still failed in DUI enforcement. These included a tools you need to to yield results based on truly random call to breath analyzer manufacturers Make Your Driving samplings of people. Simpson was to be more candid about their product's Totally Stealth determined to break the mold and limitations and precision. Simpson See them exclusively at: conduct his research outside the also sought to make it clear that a www.pacificrimradar.com vacuum of run-of-the-mill clinical direct blood test is much more accurate (360) 936-7750 chemistry. During the preparation than breath tests and stressed the
SEPTEMBER/OCTOBER 2004 1111 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS News From Around The Country
t the time of printing, the the state. In urban areas, the new chance that his veto may be AA legislative information is signs reduce the speed to 45 mph from overridden. correct. To track the progress 55 mph one-half mile ahead of the If you live in the Cincinnati area of these bills or for contact information plazas. In rural areas, the limit has you should contact the council for your legislators, you can visit the been reduced from 65 mph to 55 mph members and voice your opposition to Speak Out! section of the NMA web two miles ahead of the plazas, and then this measure. Their contact information site at www.motorists.org/speakout/ to 45 mph one-half mile before the can be found at: www.cincinnati- state.html. plaza. State police have already begun oh.gov/council/pages/-4126-/. You can also find NMA positions issuing tickets to "violators." Fines on any of these topics (as well as range from $75 to $1,000 depending Ontario talking points) that you can use when on the driver's speed. The province has approved a contacting your legislators on these plan that would allow Ontario towns issues at www.motorists.org/issues/ Louisiana and cities to install ticket cameras. index.html. Governor Kathleen Blanco signed The owners of vehicles caught by SB765 into law. This measure allows these cameras will face fines of $155 District of Columbia officers to issue tickets to drivers plus a $35 surcharge, but won't earn A new bill, introduced by D.C. who linger too long in the left lane of demerit points on their license. Ontario Council member Carol Schwartz, multilane highways. Motorists caught had previously experimented with would limit the use of speed cameras driving in the left lane at the same or a speed cameras, but that program was to areas with heavy pedestrian traffic. lower speed than traffic in the right scrapped because of a public backlash. This would remove such devices lane could be fined as much at $175. Those wishing to oppose this measure from highways, where they already The new law applies only to rural should contact Transportation Minister raked in large sums of money. Chair- highways with a posted speed limit Harinder Takhar's office or their person Linda Copp, Council member of 55 mph or higher. municipal government. Sandy Allen, and Council member Kevin Chavous have joined the bill New York Oregon as co-sponsors. S5398, a bill that would require all The plan to raise freeway speeds to The measure will be debated after vehicles registered in New York state 70 mph for cars may be dead. State law the council returns from recess on and manufactured after December 31, sets truck speed limits at five mph September 15th. You can share 2004 to be equipped with an event data below car limits, and a recent ODOT your views on this issue by contact- recorder or "black box," is currently study opposed any increase for cars ing the council members. Visit before the Senate Transportation because it would mean a higher speed www.dccouncil.washington.dc.us Committee. An identical bill A5971 is limit for trucks. Even though this to obtain their contact information. before the Assembly Transportation position contradicts the legislature's Committee. If you live in New York desire for higher limits and ODOT's Florida and wish to share your views on this own claim to set speed limits based on Next summer, the Florida DOT measure, you can find the committee the 85th percentile. Still, some urban will extend the hours of operation members' contact information at: speed limits are to be raised to 60, and for High Occupancy Vehicle (HOV) http://assembly.state.ny.us/ and suburban limits to 65 mph. lanes throughout South Florida. State http://www.senate.state.ny.us/. officials claim the move will help Tennessee increase the road's carrying capacity. Ohio The state's primary seatbelt law, However, I-95 links a number of The Cincinnati City Council which Governor Phil Bredesen signed, regional cities that lack a dominant has approved a measure allowing has gone into effect. The law allows central employer. This makes the the installation of red light cameras officers to pull over drivers exclusively HOV lanes even less effective in and photo radar in the city. The good for seatbelt violations. Drivers found South Florida than elsewhere. news is that the battle against this in violation of the new law will be measure is not over. The council fined $10. Seatbelt violations will still Illinois is required to review the measure not result in points being assessed With little advance notice, the and vote on it a second time. Also, against the motorist's license. Illinois State Toll Authority has cut the Mayor Charlie Luken has vowed to speed limit near toll plazas throughout veto the legislation, but there's a
SEPTEMBER/OCTOBER 2004 1122 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS
MEMBERS WRITE
Your letters are welcomed and appreciated. This is a forum for diverse opinions, different perspectives, and personal experiences. Letters may be edited for length or clarity. Letters should not exceed 300 words in length. Full-length articles will also be considered for publication in the NMAF NEWS. Articles should not exceed 600 words in length. Positions and opinions expressed in letters and member-authored articles are those of the author and do not necessarily reflect NMA policies or objectives. To submit, you can email us at [email protected] or mail to our NMAF Office.
Let's save some fuel! It was will cause the most distraction, Graifman's letter in the July/August not too long ago that the Federal especially emotional ones or when issue is the most recent example. government mandated a 55 mph complex issues are discussed. To me personally, few things are speed limit for fuel conservation, With the exception of top more offensive than the frequent and the driving public endured government officials and emergency sight of another motorist drifting this limit for far too many years. personnel, who really needs to be in blindly through traffic—usually Anyone that travels around the touch continuously? When I was below prevailing speed—with a Northeast/Mid Atlantic area and issued a phone for work a few years cell phone stuck to one ear. A endures long lines and traffic slow- back, I always let the calls go to drunk is at least trying to stay downs to pay tolls would have to voicemail, and then I pulled off the focused, if for no other reason agree, this is an enormous waste of road to call the person back. The than to avoid apprehension. But fuel—the slowing down, waiting, longest time ever elapsed was 10 that cell phone to your ear implies and then starting up again. Granted, minutes. I did this because I that you have more important things we now have some toll speed lanes considered it to be safer. to do than drive, and that driving for those who are wise enough to I have seen some really reckless doesn't deserve more than the most buy the fast access card. However, maneuvers by people driving while minimal energy you can get away in general, the stopping, starting, on the phone. Swerving out of the with devoting to it. and waiting in the toll lines still lane, missing exits and backing up If a person can't organize his wastes an incredible amount of on the shoulder of an interstate life in such a way that he can fuel. Our federal government highway, screeching to a halt behind make calls before getting on the should withhold any matching me at a red light, etc. These are just road and let voicemail handle the highway funds for those states my personal observations. rest, then surely one of the many that still insist on collecting tolls— I don't care what people do, as hands-free, voice-activated, non- the same way they withheld the long as it doesn't affect me, but this headset automotive accessory kits funds for those states not does. When you hit me, I have to should meet this need. It's hard enforcing the 55 mph limit suffer, as well as my family. After for me to see this as a motorists' Jim Williams most crashes, you will be civilly rights issue so much as a very Sugarloaf Shores, FL sued, as well as criminally charged. modest lifestyle adjustment. It And yes, more than likely, you hardly ranks with the deliberate won't have enough auto insurance, misapplication of speed limits and The letter in the July/August so I must then collect off of my own their predatory enforcement, or the 2004 issue made me want to throw policy, if I have full coverage. I redefinition of DUI to include my two cents into the ring regarding want people to think twice about people who are not as impaired as cell phones. It seems logical that using the phones while driving. you are with that phone. keeping two hands on the wheel Please use common sense. Spike Roberson while driving would be safer than James Sikorski Jr. Canton, MI one, especially if you need to make Wapwallopen, PA a quick steering maneuver. However, that is not the most I read the breath alcohol article important factor. I think that the Every now and again, something in the most recent issue with great worst mistake people make with cell appears in the NMAF NEWS to interest. I think it was well stated, phones is using them while they are remind me how diverse member driving. The conversation is what opinions are on many topics. Brian continued on page thirteen
SEPTEMBER/OCTOBER 2004 1133 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS
Members Write continued from page twelve but could have placed greater speedometer said 66 mph, not 69 chose not to. My other vehicle emphasis on Dr. Hlastala's findings mph like the issued ticket said," I does have an accessory bracket that the underlying theory of breath think the judge was actually relieved available to mount a plate without analysis has now been proven to be to hear a sound legal argument. The destruction to the bumper but again incorrect. Also, the author reported book Ohio Speeding Tickets are for I chose not to fork over the $20 to the average blood/breath ratio as the Birds! was invaluable in our purchase this item. about 2400 with a range of about defense. After dismissing the ticket, Where I'm going with this is that l900 to 2600. This average value is he asked, "Who taught you to look I have now been driving 15,000 only for post-absorptive subjects; for things like that?" Several other miles per year for the last six years for those still absorbing alcohol, people in the courtroom thought my and have never been pulled over for that number is closer to about wife was an attorney. Thanks NMA! driving without a front plate. My 1700. And, the range reported Ken Fischer contention is this... I would tend to in the literature is anywhere Newport, KY believe that the offence for driving from 800 to about 3500 or more. without a front plate carries a much When expressing a range for the blood/breath ratio, it is more Like Jim Baxter, I also received lower penalty than a photo radar useful to use confidence limits, a bogus photo radar ticket from ticket for speeding or running a red because the range changes German authorities a few years ago. light. Furthermore, driving without considerably depending on the I simply replied that it was a case of a front plate basically guarantees confidence required. For example, mistaken identity and I was not in that one is immune from photo a jury should be told, here's the that location at the time and could radar. Your community may not range if you want to be 90 percent prove it. A few weeks later the have photo radar at this time but confident that the value lies German police showed up at my one never knows when traveling somewhere in this range, and doorstep with their pictures and my through other communities or here's the range for 95 percent reply. As it was obvious that the states. Decide for yourself. confidence and for 99 percent person in the photos was not me, Jeff Corbat confidence. Jurors can then decide and I could prove that I had been Racine, WI what confidence level corresponds elsewhere at the time, the case was to "beyond a reasonable doubt." dropped immediately. Gerald Simpson My advice to Jim Baxter and I was late getting around to Thousand Oaks, CA anyone else who receives similar reading the May/June issue, but citations is to always deny that a it was worth the wait. The article crime has been committed and force about Gail Morrison touched me I joined the NMA to help my the accuser to prove his case. very deeply. To read what this wife fight a speeding ticket we Lars Holst woman went through in life and received on Memorial Day weekend Freihung, Germany to give so much of herself, for on a section US-52 in Ironton, Ohio absolutely no personal gain, was that is notorious for being a "speed unbelievable. All of us who love trap." We succeeded in getting the I have lived in Wisconsin for to travel the highways at the safest ticket thrown out of court. The nearly six years now, previously possible maximum speed owe this issuing officer's penmanship was residing in Michigan and then so bad, that we could not clearly Indiana. Neither of these latter states lady a deep thank you. She determine which section of Ohio requires the use of a front license apparently is in need herself now, law we had allegedly violated. plate and therefore upon my arrival so why don't we all step up to the We made a motion for dismissal, to Wisconsin I was quite disturbed plate and show her we care for what and the judge granted our motion, at the requirement to place another she did for us. I challenge all the because he couldn't read the citation ID tag on my front bumper. One members to match my contribution either. Our case never even went to of the cars I own actually requires of $100 to her care. Surely this is trial! After hearing three or four the front bumper to be physically the least we can do for the freedom lame excuses in cases preceding altered (drilled) to attach a license she helped to bring us. ours, "I was travelling the same plate. For the fact that I would have Joe Duty speed as everyone else," or, "My to damage my car to mount a plate, I Sanford, NC
SEPTEMBER/OCTOBER 2004 1144 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS The Experts’ Corner
o you have a question that This sharing of knowledge is A telephone number would be very D only an expert can answer? another benefit of belonging to the helpful, but is not required. Feel If so, look no further. We NMA. Please indicate that you are free to list preferred contact times if have many NMA members with an NMA member when calling a you do provide a telephone number. special fields of expertise. This listed “Expert.” feature was created to assist Can you help? Please contact us PLEASE NOTE: This is not members with answers to both with your field of expertise and intended for listing of commercial practical and technical questions. provide us with a contact address. business services.
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SEPTEMBER/OCTOBER 2004 1155 NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS • Motorist Marketplace •
Joyriding: A Manual for Learning the Fundamentals of Masterful Driving This book starts out with the premise that driving is just about the greatest thing Member Price: $29.95 a human being can do. Driving is a skill to be honed and refined into a fine art. Non-Member Price: $39.95 And yes, driving is a responsibility with consequences. The author extols the Quantity______virtues of driving well as an end all to itself. He acknowledges the importance $ Amount______of "safety, but correctly points out that safety is a byproduct of being a good and skilled driver.
Ohio Traffic Tickets Are For The Birds This book is an extremely detailed manual on how to fight traffic tickets in Ohio Member Price: $21.95 (although there are some parts of the book that would be applicable in other Non-Member Price: $29.95 states). Not only does it cover speeding tickets, but it also gives advice on other Quantity______types of tickets (i.e. tickets based on traffic signs, "right-of-way" tickets, etc). This book includes helpful checklists, statutes, and forms that you will use in $ Amount______preparing your case. If you want to be prepared to fight a traffic ticket of any sort, Ohio Traffic Tickets Are For The Birds is a great start.
Speeding Excuses That Work Speeding Excuses That Work is a 157-page combination of personal war Member Price: $14.95 stories, humor, and ticket avoidance tactics. The book maintains a stream of wit Non-Member Price: $19.95 and is an easy read. There's good advice scattered throughout the book, advice Quantity______that goes beyond talking your way out of a ticket. These topics include avoiding $ Amount______tickets in the first place, safety tips for women involved in traffic stops, and debunking popular myths about traffic tickets.
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SEPTEMBER/OCTOBER 2004 State Chapter Coordinators and Activists
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