Summer 2013

SUMMER 2013
MADD AT THE CAPITOL P.16
editor-in-chief
STAFF
editors
John McNamee
[email protected] Affiliate Executive Director
Lesa Russell
Administrative Assistant
[email protected] Julio Zaghi
[email protected] Manager of Victim Services
Kandice Rose
[email protected] Victim Service Specialist
Samuel Campbell
[email protected] Victim Service Specialist
Rosa Villanueva
[email protected] Victim Service Specialist
Marissa Slater
[email protected] Victim Service Specialist
Heather Smith
[email protected] Development, Special Events Manager
Lori Stevens
[email protected] Take the Wheel Program Specialist
Alicia Parmley
[email protected] Take the Wheel Court Program Specialist
Dave Anderson
[email protected] Volunteer Resources Coordinator
BOARD CHAIRS
Will Womble, Chair
Kathy Barzilla
Adrianna Chrestopoulos
Chuck Cornelius
Jennifer Crosby
Jeanette Einkauf
Mike Einkauf
Bob Fash
Kelly Fash
Liz Goetchius
Sheila Henderson
Carol Levin
Bob Meek
Phil Niewald
Mathew Reibenstein
Andrea Schmauss
Latoya Smith
©2013 MADD Southeast Texas. All rights reserved. Duplica on and distribu on strongly encouraged. Andrea Schmauss
Annette Mennen Baldwin
Joyce Bode
FROM THE BOARD
Will Womble, Advisory Board Chair Thank you for your continued
support. We genuinely appreciate it. Please enjoy this 3rd edition of The MADD Informer.
The advisory board is very excited about the achievements
MADD-Southeast Texas has
made in 2013. We recently
hosted the 3rd annual Golf Like MADD Tournament.
Across the board, numbers more than doubled the
preceding year. The number of teams doubled; the
number of volunteers doubled; and, we more than
doubled the amount of money raised in 2012. Thank
you to all who came out and supported this great
event. We especially thank Bob Meek, chair of Golf
Like MADD. Bob tirelessly worked to help facilitate
teams, sponsors and auction items.
Many staff members and volunteers headed to Austin
for Lobby Day. They met with representatives and
discussed the current legislation for mandatory ignition interlocks.
We were proud to once again honor our Harris and
Montgomery County Officers at the Annual Luncheon. Staff member Lori Stephens, Take the Wheel
Specialist did a wonderful job coordinated this event.
Our Spring “Walk Like MADD” event was a huge
success, and we’re glad so many of you could attend!
This event has been the cornerstone to MADDSoutheast Texas’ success and we look forward to it
each year. If you could not join us at this event, we
hope you’ll join us in the Fall, or next Spring!
Again, we thank you for your support.
-WW
Upcoming events sponsored by, supporting or endorsed by MADD Southeast Texas
Resources for victims of drunk/impaired driving crashes, and their loved ones
Resources, opportunities and spotlights on volunteer efforts
Information and activities for youths under age 21
Judicial Matters and Court Monitoring
Updates and activities of law enforcement agencies
Legislation and public policy issues that affect MADD and drunk/impaired driving
National, State and Local facts and figures
6th Annual “Take the Wheel” Awards
By Andrea Schmauss MADD Regional Advisory Board, Chair—Take the Wheel The Downtown Aquarium Ballroom was the
setting for the April 19th Law Enforcement
Awards Luncheon. Honorees from Harris
and Montgomery Counties included law enforcement officers, prosecutors, judges and
other community partners. They were honored for their outstanding efforts to remove
drunk drivers from our roadways. Coordinator Lori Stevens, once again, did a remarkable
job organizing the event for over 270 attendees.
Will Womble served as the Master of Ceremonies, presenting 18 awards in 10 categories. In addition, over 160 officers were recognized for either having made the highest
number of DWI arrests for their agency or
making over 40 DWI arrests during 2012.
We are grateful to the many volunteers who
donated their time organizing the event and
those who donated door prizes. Special
thanks to The Society for the Advancement of
Floral Design for creating and donating 30
beautiful floral centerpieces in blue and gold
that graced the tables; and to Craig Busch
with Craig Busch Photography and Glen
Muse with Texas Pictures for donating their
time and talent taking candid and portrait
photos of the ceremony and honored guests.
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Golf Tourney Raises $15K
MADD held its 3rd Annual
Golf Like MADD Tournament on February 25 at Willow Fork County Club. 16
teams (nearly double of last
years 9 teams) enjoyed the
beautiful weather, despite a
little wind. This would not
have been possible without
the dedication and hard work
of our Chair, Mr Bob Meeks
and all the others who recruited teams.
This tournament is not only
a fundraiser but an opportunity to once again let the
public know about the consequences of drinking and
driving. The event brought
in over $15,000 to the local
office through team signs
ups, sponsorships and a silent auction. A $5,000 increase from last year’s total.
The players enjoyed a box
lunch and a barbeque dinner.
Grand Parkway Chiropractors was on hand providing
massages to get the players
warmed up before the tournament.
A special thanks to Kroger
for being our Silver Sponsor;
Catherine and Jim Evans,
Tutorials for Excellence and
Conestoga-Rovers Associates for being our Hole
Sponsors; Mac Haik for donating a car for a Hole-InOne; and all the wonderful
sponsors who donated to our
Silent Auction.
The date is set for next year.
Mark your calendars for
February 24, 2014. We hope
to see you there!
4th Annual Community Drug Awareness Day August 23
August 23, 2013
Time 9am—4pm
Baker Hall at Rice University
Houston, TX
An educa onal conference to provide informa on on substance abuses and drug challenges within our community, and what we are doing to address them.
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Fall Walk in The Woodlands October 5
October 22
October 28
November 21
February 24
May 17
October 5, 2013
Time TBD
Northshore Park
The Woodlands, TX
Walk to support MADD Southeast Texas. Register your company or yourself online at:
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www.WalkLikeMADD.org/TheWoodlands E
Call (281) 590-2222 or email [email protected]
Horrors of a Crash San Jacinto South Campus
On the Quad
October 22, 2013
9a.m. to 2:00p.m.
Join the San Jac students and faculty, along with MADD and other local agencies as
they educate the community about the dangers of drinking and driving.
There will be cars from actual drunk driving incidents on display along with speakers who
have been personally impacted.
7th Annual City Candlelight Vigil October 28, 2013
7:00 p.m.
Steps of City Hall
Houston, TX
Harris County Office of Drug Policy, Office of the Mayor – Houston Crackdown, the Drug
Enforcement Administra on, MADD, and a other community-based organiza ons will
honor loved ones who have lost their lives due to drugs and alcohol.
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Surviving the Holidays for Vic ms November 21, 2013
6:30 – 8:30 pm
Holy Comforter Lutheran Church
Woodland Hills Drive, Kingwood, 77339
Call Susan Wagener at (281) 381-7812 or (281) 358-6500 for more informa on.
MADD SE Texas Golf Like MADD Golf Tournament Willow Fork Country Club
February 24, 2014
Katy, TX
All day
For more informa on
Call (281) 590-2222 or email [email protected]
Walk Like MADD: Sugar Land Walk May 17, 2014
Time TBD
Walk to support MADD Southeast Texas.
www.WalkLikeMadd.org/Houston
Oyster Creek Park
Sugar Land, TX
Time to Meet Her: Journey Through the Mediation Process
By Melinda Red On February 21, 2009 my world, like so many others, was
changed forever. Our family was planning our very first vacation to Disney. We had gotten up early that morning to do our
final shopping. We pulled into the mall parking lot at 9:45 when
my husband's cell phone rang. It was my daughter’s grandmother asking if we had heard from our daughter, we stated no, that
she must have slept in. She went on to
inform us that our daughter had been in an
accident and she gave us a phone number
to call. The number was the father of the
girl driving the car that my daughter was a
passenger in.
Once we got in touch with him, he informed us that our beautiful 18 year old
daughter had been killed in the crash that
happened during the night. He had not
called us sooner because his daughter had
been in surgery all night and had just woken up from the anesthesia. It must have
been about an hour later that we finally
received the call from the investigating
officer that confirmed it was our daughter. He said the vehicle
my daughter was a passenger in was hit head on by a drunk driver.
The next year was a whirl wind for our family. Planning a funeral for our child, followed by court hearings. We spent the
next 13 months, going to court to find out what would happen
with the woman who took our daughter's life. Every month we
would have to see this woman walk into the courtroom and walk
out with nothing happening but another court reset. Every
month I became more and more angry. My job was losing patience with me. I was physically there but not emotionally, taking lots of time off and often calling in sick.
Finally, after 13 months my daughter’s offender took a plea deal
for 10 years with a minimum to serve five. They called us on a
Thursday and informed us that she had taken the deal and that
we needed to be in court the next morning. I ran to my desk and
wrote my victim impact statement. It had been on my heart
since the day we got the call my daughter was gone. My writing
made it clear that I did not forgive her, and that I did not care for
her or for what she had done to destroy my little family. Looking back, it was very harsh. I was angry and I wanted her and
everyone to know it.
Two years later, after moving to a new town and getting acclimated in a new amazing church I began to see the anger I had
towards this woman and maybe even life. I began to pray a lot.
The following Thanksgiving the local news was doing a story on
Dram Shop lawsuits. This was what we had against the bar that
the offender was at that night. They interviewed the offender
from prison. When I saw her on the news and in tears saying
she hoped one day we would forgive her, I realized at that moment that I had forgiven her but she didn't know it. I went on a
mission, writing her letters every day for about a
month. However, there was not a letter I could perfect. I decided I needed to see her and tell her faceto-face that I had forgiven her. I contacted victims’
assistance and explained to them what I wanted to
do. The lady on the other line explained there is a
program called victim mediation. There was a waiting list for this program of about 6 months.
As part of the process the offender must agree to this
and by agreeing they are taking full responsibility
and admitting guilt. After a few months the mediator contacted us and we set up our first meeting. We
met with the mediator for several months. It was
basically a counseling session to discuss our feelings. There was homework to be done every time.
The mediator met with the offender and did the same process
with her as well, same homework. Once the mediator felt everyone was ready, which took about a year, it was time to meet.
We had the option of touring the prison prior to the mediation.
We chose to do the tour, and see where she ate, slept, went to
school, and church. I think we saw it all. We met with our offender the following day. She sat at a table across from us and
our mediator. There was a guard in the next room. We started
off by letting her know that we forgave her. By the emotions
that followed, it was obvious she had been waiting years to hear
that. We sat and talked for hours. We had a lot of questions
about that night and she answered all of them. We shared pictures of our family and how that night has affected each and
every one of them. She talked about her family and children and
how they were affected as well. We ended our mediation with a
hug and decided to keep in touch.
We write each other often and plan on speaking at victim impact
panels together once she has served her time. After the mediation we met with the mediator one more time to see how we
were handling with the events that took place. All of us have a
sense of peace that we did not have before. This process helped
me find peace and a sense of closure. My daughter was a beautiful person inside and out, she would have been quick to forgive. I feel like that is what she was wanting to me do -- forgive
and let go.
Having a Say in the Parole Process
Parole is a word that many victims/
survivors do not want to hear. At
some point after the case is adjudicated and the offender is placed in the
Texas Department of Criminal Justice
he or she may be eligible for parole.
According to the Texas Board of Pardons and Paroles (TXBPP), “Parole is
the discretionary release of an offender, by a TXBPP decision, to serve the
remainder of a sentence in the community under supervision. Parole is a
privilege, not a right”.
Although the Board of Pardons and
Paroles is the one that makes the final
decision according to the guidelines
defined to base their decisions, the
victims/survivors can have an active
participation.
The Victim's Role in the Parole
Process
The first step towards initiating your
participation in the parole process is
to register for notification on an offender, who is in TDCJ custody or on
parole/mandatory supervision. To do
so, you should become a member of
the Victim Notification System
(VNS). VNS utilizes a confidential
database to provide notifications that
can be sent via e-mail, letter or both
or via telephone on over 80 different
phases regarding incarceration and
parole of the offender.
To register contact TDCJ Victim services at (800) 848-4284 or by email at
[email protected].
Letters to the Parole Board regarding your opinion on granting parole
If you are part of the TDCJ notification system you will be informed in
advance when the Parole Board is
starting the parole review process for
an offender. You will be notified
with enough time to take action and
submit protest letters or other information that the Parole Board can use
to base their decision to grant or deny
parole to the offender. According to
TDCJ Victim Services, “The Victim
Services Division receives and processes protest letters and other information submitted by crime victims
and concerned citizens for review by
the Texas Board of Pardons and Paroles. This is in accordance with Section 508.153, Government Code.
When submitting correspondence to
the Victim Services Division, it is
important to include the offender's
name and TDCJ # or SID # (State
Identification Number). You may
email, fax or mail your protest letters
or other information to:
TDCJ Victim Services Division
8712 Shoal Creek Blvd, Ste 265
Austin, Texas 78757
Email: [email protected]
Appearing in person before the
TxBPP
According to the Board of Pardons
And Paroles, when they are considering an offender for release: “Section
508.153, Government Code allows
"the victim, guardian of the victim or
By Don Egdorf Officer, Houston Police Department close relative of a deceased victim to
appear in person before the board
members to present a statement of the
person's views about the offense, the
inmate and the effect of the offense
on the victim." The TxBPP board
members and parole commissioners
vote on cases individually. The meeting is conducted either by telephone
or in-person.”
To request an in person or phone
meeting with the Parole Board contact
TDCJ Victim Services at (800) 8484284, (512) 406-5900 (Austin) via
phone or by email at [email protected]. So that they
can identify the offender involved in
your request, include offender's name
and TDCJ # or SID #.
Request Special Conditions of
Release
Conditions are imposed by the Parole
Board upon release of the offender.
You can request conditions to be
placed before the offender is released.
According to TxBPP, these conditions “can include, but are not limited
to, prohibiting an offender from entering a Texas county(ies) or requiring
electronic monitoring. In accordance
with Section 508.191, Government
Code the TxBPP is required to impose a condition prohibiting the offender from contacting the crime victim.”
VOLUNTEER OPPORTUNITIES
VICTIM SERVICES:
The cornerstone of MADD’s Mission and one that happens every
day to assist and support the victims and survivors of this violent
crime.
SPEAK UP AND SPEAK OUT:
For those extroverts among us. We need speakers and individuals
willing to train in order to spread MADD’s Mission to civic groups,
churches, school groups, etc.
PUBLIC POLICY:
Involvement in the legislative process as it relates to the laws and
Texas’ response to the Drunk Driving epidemic in our state.
YOUTH PROGRAMS:
Several programs on which to speak and also instruct parents and
youth about safety, underage drinking and similar topics. Also opportunities for adults to work with student organization to promote
no high school drinking.
COURT MONITORING:
This is hands on observation in the courtroom as cases are tried. Using MADD guidelines to record and report on the process of cases
and their results. This particular activity occurs during the day, Monday through Friday.
LAW ENFORCEMENT APPRECIATION.
Visiting with our men and women in blue, to say thank you for their
dedication and commitment to keeping our roadways free of drunk
drivers. Activities here are around the clock, attending roll calls/shift
briefings, ride-alongs and support for no refusal weekends. Regardless of your schedule, there are opportunities for you to participate.
EVENTS AND DEVELOPMENT:
Behind the scenes fun and a tiny bit of hard work to support events
sponsored by MADD. Also our office staff can always use administrative help in both daily activities and special projects. There are a wide range of tasks that we never seem to have the time to finish!
If you are interested in volunteering, please complete and submit the volunteer application, available HERE.
Where have you and
your “Walk Like
MADD” shirt been?
In each issue we will publish a photo of someone
wearing their “Walk Like MADD” shirt after the
walk. Please submit your photo and a description
of where you wore your Walk Like MADD shirt to
[email protected]. You and yours could
be spotlighted in an upcoming issue!
Genesis Maldonado is comfortable in her Walk Like MADD shirt as she does her homework in Houston! INVISIBLE VOLUNTEERS!!!
By Dave Anderson Coordinator of Volunteer Resources Our affiliate is very fortunate to have many volunteers that
have stepped forward to serve MADD’s mission and making a
change in our region and in our world. It’s a little ironic that
this section of the MADD Informer is called “Volunteer View.”
Ironic? Yes, because so many of our volunteers work stealthily behind the scenes and out of view, quietly and passionately serving in various ways and focusing on the mission aspect
that hits their hearts and stirs their passion.
There are some amazing volunteers that we celebrate as they
stand up and speak at press conferences, law enforcement
roll calls, school and youth functions, civic clubs, and churches – at any place and at any chance they can. (We could use
more of these outgoing people…hint, hint.) But the majority
of our volunteers are out of view. They disappear into the background, blend in as they quietly serve, and make it
clear that they don’t want to have attention brought to themselves but rather to the mission and to our victims. The
point is, we certainly do need more volunteers to serve in all areas of our work.
Summer is here! People have more time on their hands in the laid back spirit of a wonderful southeast Texas summer. Please consider serving over the 3 month school break. Would you and your family like to do some things to
make a difference while you are filling your recreation and time available plans? I tell my church constantly, and
will remind you all here that we DO NOT CLOSE down, nor cut back on what we do simply because it’s summer.
You may have some time off -- but unfortunately the number of victims contacting us never stops to take time off.
Some of the busiest holidays for drunk driving are right ahead of us. We just ask you to please consider committing to 2 hours a week, or 2 hours a month, or 2 hours a year.
Volunteer Spotlight
This issue we spotlight and appreciate Susan Baumgartner. Susan volunteers in our offices one day every week as an Administrative Assistant.
Her duties may include answering busy phones, filing, applying for grants,
and numerous other projects for upcoming events. Susan also helps in our
Volunteer office in keeping our Volunteer Packets and our Orientation
Packets up to date with the latest news and forms.
One of those rare Houston natives that grew up here, Susan now resides in
the North Houston area. Her career path has always involved accounting
and has worked in accounts payable/receivable departments as an analysis
specialist. In her spare time she is an avid reader, and loves music and
spending as much time as possible outdoors.
Susan says, “I wanted to find an organization and cause that I could help
and volunteer for. So after an internet search I really was inspired by
MADD and how it helps with the issues and victims of drunk driving. I
think our drunk driving here is way out of control and if I could help in
any way I wanted to see about it.”
The MADD Informer salutes Susan and appreciates the consistent and dependable service she continues to provide MADD Southeast Texas.
If It’s Illegal, Where Does It Come From?
The “Youth” View
By Erica Moriarty Student, Ithaca College (Ithaca, NY) Oftentimes, parents
confront me with
the question, “How
are our kids even
getting the alcohol?” I am more
than happy to share
teenagers’ “big” secrets to obtaining
alcohol illegally, for
there’s really no secret to it at all. The
methods are the
same (and just as obvious) as the ones most parents used in high school and even early on in
college.
The first and most commonly used scheme is
simply find a liquor store. Word travels fast,
especially in high school, so ask nearly any student, and they can provide you with at least
three liquor stores that “don’t normally card.”
The second, and sometimes tricky, is to find a
parent or older sibling. Many parents place
quite a bit of trust in their kids’ hands, and that
trust is sometimes in the form of Smirnoff. On
the other, disappointing hand, stealing from the
liquor cabinet is a common practice. When this
fails, the cool older sibling who remembers the
struggle of being underage is often willing to
help by providing the alcohol for the party.
Finally, the last not-so-secret secret is to find a
fake ID. Many teenagers have them, and many
use them religiously. These IDs usually range
anywhere from $75 to $150, but many kids still
purchase them. Despite the expense, an ID becomes almost a necessity in the youth drinking
culture. When the first methods listed above
fail, the fake ID comes in handy nine times out
of ten times.
Now, the question on everyone’s mind – how
do we proceed? We could systematically close
every liquor store, but another would pop up in
its place in a matter of time. We could scold
parents and siblings that provide alcohol, but
what good does a finger wag in the face necessarily do? We could go on a rampage to find
every fake ID distributor, but is that even possible? I propose looking at it from another angle.
In general, a person will get what they want if
they want it badly enough, no matter the obstacles. The same sentiment rings true with teenagers and alcohol. Therefore, the main issue is not
where kids get the alcohol but how safe teenagers know how to be with this alcohol,
Parents, this is where you and your infamous
parental talks come in. Educate your children
on the negative sides of alcohol use and what
alcohol abuse leads to. The best advice to give
is that you can always be their safe ride home if
they find themselves in a sticky situation.
The “Adult” View
By Sheila Henderson MADD Advisory Board, Youth Chairperson From a parent/adult perspective this generation
of minors. starting at eye level to a dinner table,
are learning by watching. Think about it, adult
or adult family members, as a rule, are the main
demonstration of drinking standards before this
generation.
For this reason, minors need to see and hear the
following behavior from the adults around
them”


Conduct yourselves as effective illustrations  Teach positive behavior by example, never
when drinking alcohol, especially during
drink and drive as an adult or ride with anyfamily functions, community festivals and
one already intoxicated.
events.
 Never drink to the point of intoxication, or
brag about the joy of drinking games.
Put aside the “I am an adult, I can do, but
you cannot” rule. Leading by example has to
Explain that no matter what you drink (beer,
be the key. Watching you abuse alcohol…
wine or mixed hard liquor) they are all quite
leads minors down the same path.
equal in a breathalyzer. You can only become
sober from intoxication by time passing, no other way.
Minors must be informed that just one drink radically intensifies the odds that an underage driver will experience or cause a motor vehicle
crash.
As this generation of youth selects friends,
forms groups and shares their feelings about
drinking, they share what has already been put
before them as examples. This sets the tone for
their behavior, think about it! Let’s set the atmosphere – as Positive Role Models!
Navigating Criminal Court
from your prosecutor. Advocates have
accompanied families through hundreds
of cases. Let them use their experience
and compassion to help you!
Appearing in Court
A loved one is killed by a drunk driver
and you find yourself a member of a club
you never wanted to join – family of a
drunk driving victim. If criminal charges
are filed against the driver, you are now
thrust into the unfamiliar, often frustrating world of the criminal justice system.
For 2 1/2 years, I ran the Vehicular
Crimes Section of the Harris County
DAs Office - and I would like to offer
some insight into the process.
Utilize your Advocate
Julio Zaghi, the Coordinator for Victim
Services for MADD SE Texas and his
team of advocates possess a wealth of
knowledge and experience and can offer
you great support as your case moves
through the system. They can sit with
you through the trial; explaining legal
terms and concepts; connect you to outside resource that can assist you for
years to come -- and all the while, offering a sympathetic shoulder during particularly hard times.
When your prosecutor starts discussing
the possible outcomes of the case and
plea recommendations, it is immensely
helpful to have an experienced ear by
your side. When you cannot recall a detail or you think of another question, you
may more easily reach your Advocate
and not need to wait for a return call
I have worked with families who adamantly wanted to appear at every single
setting and those who only wanted to
appear at the actual plea or trial. Either
way is fine, but you should know the
realities. The case can take anywhere
from 9 months to 5 years, and there will
be court settings every 3-5 weeks depending on your assigned Court. Very
little will actually happen at the majority
of the settings.
The court setting is an opportunity for
the prosecution and defense to discuss
the case and for the judge to ensure that
the case is moving along. If the defendant is in custody, he is not likely to be
brought to the court except at the first
setting and when there is a plea or trial.
If the defendant is on bond, then he/she
will be sitting in a relatively small courtroom along with you and your family.
Be aware, it is an intense situation to be
in the same vicinity as the person who
killed your family member.
If you choose to come to court, you must
accept that you are likely to see the defendant’s family in the halls and possibly
the defendant. It is incredibly difficult to
see the defendant laughing, talking or
texting on the phone, or otherwise acting
“normal” in the face of what you have
suffered. But, you must stay calm and in
control. If you are unsure if you or another family member may not be able to
do this, please do not come to court.
If you choose not to come, just explain
that to the prosecutor and they will make
sure that you stay apprised of developments. If something significant is occurring, you will always have prior notice
so you can decide whether or not to be
By Catherine Evans Harris County Assistant District A orney present.
Plea Bargaining
Know from the beginning that the
weight of making a plea offer will always rest on the prosecutor’s shoulders.
That burden will never be shifted to you,
but the prosecutor will want to know
your feelings on the appropriateness of
the punishment. Your feelings will be
considered along with an assessment of
the facts of the case, the strength of the
evidence and the defendant’s criminal
history. The decision is made by the
prosecutor in conjunction with supervisors, and incorporates their knowledge
and experience with these types of cases.
Prior to making an offer, your prosecutor
will contact you to explain what the offer
is going to be and what factors support
that decision.
Plea bargaining is often a sensitive subject, and I have heard families talk about
what their loved one was “worth.” Please
know that a plea bargain is never a reflection on your family member’s character, value or position in society.
Trial
Trial is like surgery – but you are awake.
The prosecution presents everything
about the case to the jury and argues for
guilt and the appropriate punishment.
The defense will try to convince the jury
to find their client not guilty and/or to
assess a lenient punishment. It is critical
that you know what you are going to
hear and see. Your being surprised at
trial is never a good thing. If you feel
unprepared or have questions, ask for
another meeting with your prosecutor
and Advocate. You need to be prepared.
Make sure that you see all photographs
that will be use at trial. The exceptions to
that are autopsy and crash scene photographs that contain the deceased. Prosecutors will alert you prior to the medical
examiner testifying, and may do so at
The DART Van
Montgomery County’s Dist. Attorney
Response Team Mobile Unit
other times as well. If you do not
want to hear discussion about the
scene etc., just ask your prosecutor
for a cue so that you can quietly
step out.
You are likely to hear the defense
blame the other driver if it was a
multiple vehicle crash. If the other
driver had any alcohol or drugs in
his/her system, you should expect
the defense to make a big production why it was the other driver’s
fault. Additionally, the defense will
do their best to depict the defendant
as a generous, sympathetic person
who “only made this one mistake.”
Listening to this rhetoric can be a
bitter pill, but you need to expect it.
By remaining in the courtroom, you
are signaling to the judge that you
can quietly observe with little to no
expression. That is a high expectation, and it can be difficult.
Conclusion
Your prosecutor and MADD advocate know that you never asked to
be at the courthouse and will try to
guide and prepare you as much as
possible. Listen, ask questions, and
just get through it. Hopefully, there
is some justice at the end.
Montgomery County prosecutor Warren Diepraam, continues to implement new strategies
and methods to combat impaired driving cases
and traffic fatalities. Diepraam, who created
the No Refusal program, has begun using a
modified ambulance to respond to DWI cases
and traffic fatalities. The vehicle, known as the
District Attorney Response Team Mobile Unit,
or DART van, was purchased through asset
forgeiture funds by District Attorney Brett Ligon after Ligon saw a need for assistance to
first responders at traffic fatalities.
The original purpose of the DART van was to
assist law enforcement and first responders at
the scene with lighting equipment so that the
fire department units could go back into service. The secondary purpose was to transport
crash reconstruction equipment to fatal crash
scenes. However, Diepraam quickly began
using the van during No Refusal operations
which are funded by the Texas Department of
Transportation. During No Refusal events,
prosecutors, technicians, or others working the
program typically work at a centralized facility
to process warrants and blood. Blood evidence
is the best evidence in DWI attacks, and the use
of blood warrants has expanded 500% according to DPS data.
However, to combat attacks on blood evidence
relating to the time of the blood draw compared
to time of driving, Diepraam pondered the possibility of taking the
nurse to the officer at the scene in
the DART van. Out of this concept, mobile No Refusal was created. During these enforcement
programs, a prosecutor, a nurse,
and an investigator drove in the
van to the scene of the DWI stop
for blood draws. The van typically arrives on scene within minutes
of the arrest. If the subject con-
sents, blood is taken immediately. This scien- tific sample is literally collected minutes after
the stop. If the subject refuses, form or template blood warrants are completed or filled out
and notarized on scene. The completed affidavit and blank warrant are scanned and emailed
to a waiting judge who reviews the warrant for
probable cause. If signed by the judge, the warrant is returned via email to the waiting prosecutor and the nurse takes the mandatory blood
draw. Rather than delaying the process more
with drive times, hospital wait times, etc., this
program takes the medical technician to the
officer in minutes.
Recently, tablets and iPads have been used to
expedite the process. The warrant is photographed using a pdf conversion app and then
emailed. The judge receives the pdf file on
their tablet and, if probable cause is found, the
judge inserts an electronic signature and emails
the signed warrant back as a completed search
warrant. Electronic judicial signatures are statutorily authorized in Texas. This process cuts
down on the time spent even more, thereby
ensuring quick blood warrants in DWI cases.
The blood draw is videotaped and turned over
to the defense. In addition, the seating area
where the blood is taken is sanitized to hospital
standards after each blood draw. Lastly, the use
of the van speeds up the arrest process for officers allowing them to return to the streets a
lot faster. Since the DART van is a working
ambulance which is regularly cleaned and sanitized, defense counsel has not attacked this
process yet.
The DART van has been a boon to law enforcement by providing a visible presence on
the roads and enabling faster blood draws in
DWI cases. This unique program will continue
on the streets of Montgomery County, Texas,
in a first of its kind initiative against DWI and
blood draw refusals!
New HPOU Benefit Shows Responsibility
By Lori Stevens Program Chair — Take the Wheel The Houston Police Officers’ Union
(HPOU) and Yellow Cab Houston recently
announced a new designated driver program. The HPOU Courtesy Ride Program
began as a test six months ago and has already proven successful.
The program is patterned after a similar
program offered by the Dallas Police Association. The Houston program provides
HPOU members a safe ride home after
drinking. The program is designed to give
members a responsible choice for their ride
home, at no cost to them. Members can
simply and discretely sign up by coming to
the Union and signing a form spelling out
the rules of the program. The member is
issued a Yellow Cab TaxiCard with a prepaid value stored on it. When the member
feels they need to use the service, they can
call Yellow Cab and use the issued card for
the cost of the fare and tip. The card’s
value is reloaded after any cab ride home.
The program does have restrictions to keep
this benefit from being abused. The card
can only be used for a ride home; it cannot
be used for bar hopping. Additionally,
only the member may use the card but they
may have a guest(s) going to the same destination. HPOU will monitor the cards for
excessive usage and privileges will be revoked if the benefit is being abused.
So far, a significant number of HPOU
members have signed up for the program and several have used the Courtesy Ride Program. The committee
members that researched and created
the program are very encouraged with
the results of the test period. HPOU
Board Member Joe Gamaldi, who
chaired the committee that put together the
trial program, commented that “we are
very sensitive to the fact that we (Harris
County) lead the nation in drunken driving
deaths. We don’t want to lose our officers
to that.”
MADD is supporting the program because
it provides an innovative solution to the
DWI problem in our area. “In an age
where companies are continually talking
about corporate responsibility, HPOU is
stepping up to the plate to take care of its
members” said Lori Stevens with MADD.
“Companies need to look at this type of
program as an additional health and wellness benefit that they can offer their employees.” By offering this type of benefit,
companies can help keep their employees
safe from the consequences of drinking and
driving.
Convicted first-time DWI offenders can
pay a fine up to $2,000, serve six months
in jail, lose their driver’s license for up to a
year, and pay an additional $3,000 to retain
their license once they get it back. Safety
officials say other costs associated with an
impaired driving arrest and conviction can
add up to more than $17,000 for bail, legal
fees, court appearances, court-ordered classes, vehicle insurance increases, and other
expenses. The stakes are even higher for
an officer that is arrested for a DWI. Be-
sides the financial costs associated with a
DWI, an officer will have an immediate
suspension of their license to serve as a law
enforcement officer in the State of Texas.
Of course, the consequences can be much
worse than just jail time and fines. Last
year in Harris County alone, there were
167 fatalities from drunk driving. “This
statistic has Harris County ranked as the
Drunk Driving Capital of the United States
with more fatalities than any other county
in the nation” said Will Womble, Advisory
Council Chair for Mothers Against Drunk
Driving. “Drunk driving affects people
from all walks of life and socio-economic
groups. Programs like this designated
driver program can help save lives in our
area and serve as a model for programs
across the country.”
Joseph Gamaldi also commented that
“DWI is a major public concern in the
U.S., and we believe our members make
responsible decisions. Our program is designed to make that decision as easy as
possible, by providing a free cab ride
home. We are encouraging businesses and
organizations in the Houston area, to follow suit.”
To get the program started, HPOU partnered with Yellow Cab Houston. Yellow
Cab’s amenities have helped the program
achieve its success. By providing 24hour cab service guided by a computerized dispatching system, Yellow
Cab is responsive to the needs of
HPOU members. Yellow Cab helped
HPOU find a solution that worked for
its members.
Continued on page 15
Police Officers’ Role in DWI Enforcement
By Don Egdorf Officer, Houston Police Department While it may seem like a simple question with a simple answer, what is the police officers role in DWI enforcement?
Or better yet, DWI prevention?
about everyone else on the roadway and continue to drink
and drive and be arrested multiple times. What is out there
to stop them? Well, we are. We started using No-Refusal as
a way to collect valuable evidence that these repeat offendThe simple answer is that we should arrest every intoxicated
ers know not to give us, but there needs to be more.
driver that we come into contact with. Making a DWI arrest
is the easy part, but what can we do to prevent more DWI
One of the things that HPD has started doing, and I encourcrashes and deaths? The hard answer is that there really is
age ALL law enforcement agencies to do this as well, is
much more that can and should be done before and after the seizing the vehicles from these dangerous repeat offenders.
arrest.
People love their cars and sometimes they need to be hit
where it really hurts. Sure, it is a little more work, but takUnfortunately there will always be drunk drivers. As long as
people drink and find substances to put into their body, we
will have a problem. Prevention and deterrence is really
where we can reach the most people. Sometimes that works
with stats and numbers. Some people might be shocked to
find out that there were almost 13,000 DWI related arrests
in Harris County last year. The Houston Police Department
made almost 7000 of those arrests. In the city of Houston
over the last two years, we have had more fatal crashes than
murders, and more than half of those have been drug and/or
alcohol related. As much as we try to let everyone know
that we are out there, there, we will never get through to
everyone and the numbers will only take us so far. So what
do we do??
ing that vehicle away might just save a life. Many of the
As officers it is our responsibility to not only make an arrest, repeat offenders have used the same vehicle in multiple felbut to be able to testify in court about the facts of the case
ony DWI cases and that vehicle truly is a deadly weapon
and to help convict the drunk driver. Most of the people
just waiting to go off. Seizing vehicles is like taking the gun
that are convicted are never arrested again, and I like to
away from a bank robber before he makes it to the bank,
think that they have learned their lesson. Of course, some
with no gun there is no robbery. With no vehicle, the drunk
are a little more hard headed and just don’t get it. The recannot commit DWI. If nothing else, it may help keep anpeat offenders might be the most dangerous of all of the
other family from having to join MADD.
drunks because they have shown a pattern of not caring
Continued from page 14
Yellow Cab Houston always supports efforts that promote safety
in and around the Houston area. “Yellow Cab is thankful to have
such outstanding community partners,” said Roman Martinez,
President of Texas Taxi. “We'd like to thank MADD and the
HPOU for trumpeting the message that personal responsibility is a
community concern. Whether it's a TaxiCard program similar to
what HPOU has set up for its members or a establishing a corporate account with our company, Yellow Cab has solutions for any
business or organization that wants to promote a culture of responsibility and highlight the perils of drinking and driving.”
Interlock Bill Dies in Committee
By Carol Levin Advisory Board — Legisla ve Chair The MADD Legislative Chair is a
very tough position to be in, because
so much can go right and then again,
so much can go wrong. Many times,
a Bill gets passed through the House
of Representatives but runs out of
time in the Senate, and the bill dies
there. Remember that our Texas
Legislature only meets every 2
years, and then only for 6 months.
Many people came from MADD
offices all over Texas, in February
to help lobby and bring support for
our Todd Levin Interlock Bill as it
was originally written. From February to the end of March all was on
track. This bill made it through hearings and committee review and was
sent forward to the next step which
is the calendar committee. This
committee schedules when the bill
will be heard and eventually voted
on in the House.
Unfortunately, the Probation Departments of Texas tagged our bill while
in calendar committee and the Interlock Ignition manufacturers also
received support and tagged the bill.
Once a bill is tagged it is almost impossible to get it out of calendar
committee. The Probation depart-
ment believes that requiring more
interlocks on offenders would have
added to the departments work load
and be more labor intensive. A compromise was in the works and the
original bill was amended by Representative Bill Callegari’s staff. The
amended bill stated that offenders
would have a choice to have the interlock or to go to jail for a certain
amount of time instead. However,
the interlock manufacturers were
convinced that more offenders
would then opt for jail time and then
get out and drive again unmonitored.
They thought that the bill would
actually create an “out” for offenders and there would be less interlocks in place.
In this process, the proverbial clock
ticked away and before a compromise or more support could be levied, time ran out. The bill is dead in
calendar committee at this time.
I have never experienced politics
like this before. And I hope I never
do again. But we are now stronger
and more educated and ready to remain in the fight to make our state
safer by removing drunk drivers
from our roads and highways. We
are now better equipped to anticipate new avenues and be prepared as
issues arise in the future with any
upcoming MADD supported bills.
Preparation has begun for the 2015
legislative session. There will be a
booth for Public Policy and “Come
to the Capitol” at the Walk Like
MADD events, connecting volunteers with their representatives and
senators from their specific districts.
I am working with Dave Anderson
to recruit volunteers from all 10
counties in the MADD Southeast
Texas region. We also will be implementing new strategies as the
2015 session approaches. We will
keep you informed along the way
and encourage each of you to please
get involved in this vital aspect of
preventing drunk driving crashes.
For questions, more information, or
to become as active participant in
our newly “Energized” Public Policy Committee, please contact Carol
Levin at 281-920-4163 or 832-6516800 or email carol-07 @att.net.
Look out 2015 Session…
here we come!!!
Carol Levin has been a strong voice for the victims of drunk driving crashes and a tireless
volunteer for MADD for more than four years. Carol’s son Todd and his fiancé were
killed when their vehicle was hit head on by a drunk driver. Since her tragic loss Carol
has dedicated herself to speaking to students and civic groups, lobbying in Austin and
Washington and serving on the MADD Southeast Texas Regional Advisory Board.
SE Texas MADD Leads Lobby Day Charge
By Dave Anderson Coordinator of Volunteer Resources MADD Vic m Volunteers Texas legislators meet every other
year for 6 months. In the short time
that they gather in Austin Texas, all
of the proposed laws and legislation
for Texas are debated and decided
before they return to their respective
home towns and wait till the next session begins 18 months later. And
every time that Texas Legislation is
called into session and begins working, MADD Texas is there!
In the absence of a State Executive
Director, whose duties normally include the coordination of all MADD
Regional affiliates participating in
Lobby Day, our Executive Director,
John McNamee, stepped forward and
took the reins in leading this year’s
planning, working closely with all 5
Regional Executive Directors.
McNamee depended on volunteer and
victim family member Carol Levin
and staff Volunteer Coordinator David Anderson to coordinate our affiliate’s volunteers and staff in making
Lobby Day 2013 one of the best in
MADD Texas history.
MADD Southeast Texas had 14
volunteers travel to Austin armed
with information packets about
key legislation important to
MADD mission. They visited
the offices of over 60 legislatures, meeting many of the Senators and Representatives personally. A total of approximately
100 volunteers and MADD staff
from across the state joined together to canvass, educate, and
lobby with each group calling on their
own regional representatives.
The main focus of this year’s Lobby
Day on Capitol Hill was House Bill
260. It requires interlocks for those
first time offenders with a .15 BAC
(Blood Alcohol Content) or greater or
who refuse to take a blow test at the
scene. The interlock is the device that
goes onto the offender’s car and must
blown/hummed into for the car to
start. The interlock device randomly
requires the driver to pull over and reblow in order for the vehicle to continue to operate. This device continuously tests and verifies that the driver
is NOT repeating the offense of
drinking and driving. The latest models of the interlock also have a camera
to verify that the offender is the person participating in the test. Victim
family members Stu and Carol Levin
traveled back to Austin and testified
before the House Committee as to the
merits and impact this bill would have
against drunk driving if passed.
Highlights included the acquisition of
a centralized meeting room for
MADD volunteers and staff; a personal visit by a Congressman; a briefing and information session from
MADD Lobbyist Bill Lewis; a photo
session that included all volunteers
and staff to commemorate their time;
and last but certainly not least, new
friendships and cross-regional networking and information exchange
that proved to be invaluable.
Preparations for the 2015 Lobby Day
in Austin have already begun and the
goal is to increase MADD Texas’ involvement. Your Southeast MADD
regional office continues to lead in
the planning and strategizing for another successful Lobby Day at the
Capitol. If you would like to participate or get more information please
contact the MADD Southeast Texas
offices.
Bill Lewis, MADD Lobbyist 
This year, 11,773 people will die in drunk-driving crashes – one every 45 minutes. 
MADD is serving a vic m or survivor every 10 minutes. 
Since MADD was founded in 1980, alcohol-related fatali es have declined by more than 40%. 
One in three people will be involved in an alcohol-related crash in their life me. 
Every minute, one person is injured from an alcohol-related crash. 
An average drunk driver has driven drunk 87 mes before first arrest. 
Drunk driving costs each adult in the country almost $500 per year. 
Harris County is the drunk-driving capital of the U.S. based on the number of alcohol related fatali es per capita. 
MADD Southeast Texas served over 2,300 vic ms of drunk driving in 2011. 
In 2009 Harris County had 165 fatali es involving drivers with a BAC of .08 or higher.* 
In the 10 coun es MADD Southeast Texas served in 2009 there were 264 alcohol related fatali es involving drives with a BAC of .08 or higher.* * Current as of February 2012. New figures have not yet been released. 
Alcohol is the number one drug of choice for teenagers. 
Three in ten 8th graders have tried alcohol. 
One in five teens binge drinks. Only 1 in 100 parents believe his or her teen binge drinks. 
70% of children say their parents are the leading influence in whether they drink or not. 
Approximately 5,000 people under the age of 21 die as a result of underage drinking each year. This includes death from car crashes, homicides, suicides, binge drinking as well as injuries from falls, burns and drowning. Texas Drunk Driving Fatalities
Texas leads the
nation in DWI.
Source: Na onal Highway Traffic Safety Administra on Subsidy of drunk driving fatali es: The 1,259 drunk driving deaths in 2010 carried an economic cost of $5.9 billion to the state and residents. From 2006 to 2010, the economic cost for the 6,514 drunk Deaths caused by drunk driving in the U.S. decreased from 13,491 in 2006 to 10,228 in 2010. That is a 24 percent decline. Texas Drunk Driving Crash Injuries
Source: Texas Department of Transporta on Subsidy of drunk driving related crash injuries: The 16,875 drunk driving crash injuries in 2010 carried an economic cost of $2.43 billion to the state and residents. From 2006 to 2010, the economic cost for the 90,909 drunk driving related crash injuries in Texas is F
2006‐2010 T
, 11 . :
Award Recipients
DWI MADD Hero Award
Officer David Ciers, Houston Police Department
Officer Bennie Boles, La Porte Police Department
Trooper Derek Peterson, Department of Public Safety
Drug Hero Award
Corporal Bobby Allen Ferguson, Jersey Village Police Department
Outstanding Service Award
Officer Don Egdorf, Houston Police Department
Trooper Sam Larsen, Department of Public Safety
Assistant Chief Investigator John Stephenson, MCDAO
Outstanding Rookie Award
Trooper Dana Raevmann, Department of Public Safety
2013 Take the Wheel
Law Enforcement Award
and Recognition Event
for
Harris and
Montgomery Counties
Outstanding Law Enforcement Agency
Pasadena Police Department
Texas Parks and Wildlife
Policy Setter Award
Houston Police Officer’s Union
Brett Ligon, Montgomery County District Attorney
Judiciary Service Award
Judge Paula Goodhart, Harris County
Judge Claudia Laird, Montgomery County
Prosecutor Service Award
Lauren Bard, Harris County District Attorney’s office
Jason Horn, Montgomery County Attorney’s Office
Unsung Hero Award
Will Womble, MADD Advisory Board Chair
Linda Kitazaki Award
Jeanette Einkauf
MADD recognizes the following officers for their
commitment to the fight against drunk driving:
Bellaire Police Department
Patrol Officer Alex Marcotte
Conroe Police Department
Officer Jason Blackwelder
Officer John Blackwelder
Officer Michael Dean
Officer Robert Engle
Officer Jared Sullivan
Deer Park Police Department
Officer JM Huff
Department of Public Safety
Corporal Dustin Blackburn
Trooper Dean Busby
Trooper Michael Chapman
Trooper Alberto Feliciano
Trooper Marty Gens
Trooper Jared Gray
Trooper Todd Gregurek
Trooper Lance Hartung
Trooper Christopher Hill
Trooper Daniel Karnick
Trooper Sam Larson
Trooper Christopher Lucchesi
Trooper Esteban Martinez
Trooper Hylena Pauldo
Trooper Randy Peck
Trooper Michael Pemelton
Trooper Derek Peterson
Trooper Winson Pham
Sergeant Mark Phillips
Trooper Jeff Pirtle
Trooper Dana Raevmann
Trooper Christopher Rainwater
Trooper Brad Reece
Department of Public Safety (continued)
Captain Derek Rodriguez
Trooper Brent Roper
Lieutenant Jeff Shipley
Trooper Jason Simental
Trooper John Sullivan
Trooper David Thomas
Trooper Stephen Woodard
Harris County Constable Precinct
Deputy Filiberto Gonzales
Deputy Rene Rosas
Harris County Constable Precinct
Deputy Jeremy Talbert
Harris County Constable Precinct
Deputy Leigh Nicely
Harris County Constable Precinct
Deputy Moises Davila
Deputy George Gonzales
Deputy Juan Pedraza
Harris County Constable Precinct
Deputy Paul Armand
Harris County Sheriff’s Office
Deputy Aric Albers
Deputy Michael Allbritton
Deputy Beau Beaty
Deputy John Burton
Deputy Simon Cheng
Deputy Matt Dunn
Deputy Eric Goodney
Deputy Ramon Gutierrez
Deputy David Klozik
Sergeant Chris Moore
Deputy Ryan Musil
Deputy Richard Sanders
Deputy Ben Troyer
Houston Metro Police Department
Officer Robert Smith
1
4
5
6
8
Houston Police Department
Captain Larry Baimbridge
Officer Anasa Beaudion
Lieutenant Craig Bellamy
Officer Trenton Bickford
Officer Miles Burton
Officer Roshad Carter
Officer Scott Cervenka
Sergeant Brian Chebret
Officer David Ciers
Officer Salvador Corral
Sergeant Mike Donato
Officer Don Egdorf
Officer Jana Enloe
Officer Rudy Farias
Officer Monica Fortson
Sergeant Robert Gonzales
Officer Randle Guerin
Officer Mark Gutierrez
Officer Michael Hardt
Officer Herbert Henry
Officer Mike Herb
Officer Ana Ibarra
Officer Jefhrey Javier
Officer Robert Klementich
Officer Garrett Lindley
Officer Greg Michon
Officer David Nunn
Officer Maricela Orellana
Sergeant Alonzo Patterson
Officer Mauricio Pena
Officer Margo Perales
Officer Joel Quezada
Officer Andrew Rich
Officer Danille Rogers
Officer Jorge Roman
Officer Greg Rosa
Houston Police Department (continued)
Officer Nathan Rosenblatt
Officer Dudley Sanders
Officer Emmanuel Shepherd
Officer Tiara Smith
Officer Erin Swift
Officer Tony Tomeo
Officer Stephanie Wells
Jersey Village Police Department
Corporal Bobby Ferguson
La Porte Police Department
Officer Bennie Boles
Officer Joshua Willhoite
Magnolia Police Department
Officer Cyrus Stanford
Memorial Villages Police Department
Patrolman David Mago
Montgomery County Constable
Sergeant Arturo Looza
Montgomery County Sheriff’s Office
Deputy Brandon Bartoskewitz
Deputy Jason Prince
Pasadena Police Department
Officer Chase Coppedge
Officer Scott Cude
Officer Erick Dollagaray
Officer Mark Ferguson
Officer Anthony Maldonado
Officer Pete Mejia
Officer Nicholas Slight
Sergeant Gary White
Shenandoah Police Department
Officer Cody Harmon
Tomball Police Department
Officer Kristina Tikal
Willis Police Department
Officer Adam Culak
PRESENTS
5k Race and
Family Fun Walk
Walk like MADD is the perfect event for families,
companies, friends and groups! Register, run or walk as
an individual or team and help SAVE LIVES!
5k Registration, walk or form a team:
• Go to walklikemadd.org
• Find a walk and click:
The Woodlands
• Register as a runner, walker or
create a team
•Runner (Chipped Timed) $25
•Walker $20
For more information, contact Heather Smith at
(281) 590-2222 or email at [email protected]
www.walklikemadd.org/thewoodlands