Interests of Amici Curiae - Essay Example

No. IN THE SUPREME COURT OF IN THE UNITED S OF MISSOURI PETITIONER, V.TYLER G. MCNEELY RESPONDENT. ON PETITION FOR A WRIT OF CERTIORARI TO THE MISSOURI SUPREME COURT PETITION FOR A WRIT OF CERTIORARI BRIEF FOR THE RIVERSIDE COMMUNITY AS AMICI CURIAE TABLE OF CONTENTS Page Table of Authorities …………………………………………………………………………3 Interest of Amici Curiae………………………………………………………………………4 Summary of Argument………………………………………………………………………5 Argument…………………………………………………………………………………….6 Argument 1. Research demonstrates that harmful use of alcohol has significant social, health, and economic consequences…………………………………………...............6 2. Studies indicate that harmful use of Alcohol sums up as the world’s third largest risk factor for disease burden…………………………………………………..9 3. The decision arrived at by the Missouri Supreme Court orchestrates a further division among state courts of last resort and possess the potential of furthering the offense……………………………………………………………………..12 A. Courts asserting that the natural dissipation of alcohol within the bloodstream is adequate to create exigent circumstances that justify a warrantless blood draw under ………….………………………………………………………………12 B. The decision by the Missouri Supreme Court has intensified the division among state courts of last resort and is a blow to reducing majority deaths occurring in the highways owing to drunken driving…………………………………………12 Conclusion……………………………………………………………………………………12 TABLE OF AUTHORITIES CASES: Page Breithaupt v. Abram, 352 U.S. 432 (1957)…………………………………………………12 Brigham City V. Stuart, 547 U.S. 398 (2006)………………………………………………12 Kentucky V. King, 131 S.Ct. 1849 (2011)…………………………………………………12 Mincey V. Arizona, 437 U.S. 385, 394 (1978)…………………………………………….12 State V. Cocio,709 P.2d 1336, 1345 (1985)…………………………………………………11 State V. Baker, 502 A.2d. 489, 493 (1985)…………………………………………………..12 Other Sources: Hinson, R., Heeren, T. & Winter, M., Preventing Impaired Driving, 32 Alcohol Research & Health 23, 1 (1999).....................................................................................................................6 Hingson, R., Heeren, T., & winter, M., Effects of Recent 0.08 Percent Legal Blood Alcohol Limits on Fatal Crash Involvement, 111 Injury Prevention 6 (2000)......................................11 Holder, H., Gruenewald, J., Ponietio, W. et al., Effect of Community–based Interventions on High–risk Drinking and Alcohol–related Injuries, 2344 Journal of the American Medical Association 284,18 (2000).......................................................................................................11 Shults, R., et al., Reviews of Evidence Regarding Interventions to Reduce Alcohol–impaired Driving, 72 American Journal of Preventive Medicine 21(Suppl. 4) (2001).......................10 Voas, R., Tippetts, A., & Fell, J., The relationship of Alcohol Safety Laws to Drinking Drivers in Fatal Crashes, 486 Accident Analysis and Prevention 32 (2000).......................11 Moskowitz, H., & Fiorentino, D., A Review of the Literature on the Effects of Low Doses of Alcohol on Driving Related Skills. Pub. No. DOT HS–809–028 12 (2000).........................6 National Highway Traffic Safety Administration (NHTSA),Traffic Safety Facts 2002: Alcohol. Pub. No. DOT HS–809–606 10 (2003).....................................................................7 INTERESTS OF AMICI CURIAE Riverside Community is a support group committed to altering the behavior of persons who might drive while intoxicated. Since its inception in 2010, the group’s membership has grown dramatically and presently has close to 50,000 members and affiliates. The group is actively engaged in facilitation of public education to enhance awareness among drivers concerning the dangers of impaired driving. The group also engages the public to build awareness on existing laws and sheds more light on the consequences of this behavior. In 2012, the group recognized that the societal costs emanating from driving under the influence are immense and continue to burden the public and stretch social and economic resources. Every injury and death emanating from drunk driving is entirely preventable. SUMMARY OF ARGUMENT Drinking and driving occasions the society immense societal costs and trauma and all efforts should be directed at attaining a successful trial. Delaying submission of vital tests only such as blood tests works to frustrate chances of getting sound evidence and subsequently compromises prosecution of such offences. Law enforcement officers such as the police officers are reasonable in ordering a warrantless blood test exclusively, because any postponement in undertaking such a test will yield in the body’s natural destruction of evidence and lowers the success of gaining a successful trial. As a result, the deterrence measure of conducting blood testing fails in addressing impaired driving. Admitting warrantless search for suspected drunk drivers would lead to successful prosecution of drunk drivers, and ultimately a healthy society. Amicurae Brief Harmful use of alcohol has significant social, health, and economic consequences. Alcohol use has been significantly been attributed to violent crime, incidents of rape, child abuse, spousal abuse/divorce, youth crime, and loss of productivity. The combined effects of the stated impact have taken a toll on the American economy. The human life costs of driving when drunk is momentous. Alcohol is a significant factor in traffic crashes, with crashes linked to alcohol being more likely to result in injuries and deaths compared to crashes in which alcohol does not play a role. Hinson, R., Heeren, T., & Winter, M., Preventing Impaired Driving, Alcohol Research & Health 23, 1 (1999). High levels of blood alcohol concentrations (BACs) have been prominently associated with an enhanced crash risk. Drinking when driving can lead to accidents and aspects such as loss of life of another person other than the driver, imprisonment, legal costs, increased insurance costs, criminal records, and depression emanating from living with guilt probably owing to because one injured or caused an accident. Studies indicate that driving while intoxicated is exceedingly risky, and drivers manifesting high blood alcohol content levels (BAC) are predisposed to car accidents, highway injuries, and vehicular deaths. Moskowitz, H., & Fiorentino, D., A Review of the Literature on the Effects of Low Doses of Alcohol on Driving Related Skills. Pub. No. DOT HS–809–028. Springfield, VA: U.S. Department of Transportation, National Highway Traffic Safety Administration (2000). Traffic crashes are a chief cause of death in the U.S., especially for individuals aged 16 to 24 (National Highway Traffic Safety Administration [NHTSA] 2003 b). Statistics indicate that one American life is lost nearly every half an hour in alcohol-linked vehicle crashes. In fact, motor vehicles crashes are a prominent cause of fatalities for young people between the ages 5 and 35. Close to 418,000 lives of American citizens have been lost owing to alcohol related accidents in the last two decades. Presently, statistics indicate that 17,000 lives are lost every year in alcohol related accidents. There is an apparent cost to driving under the influence- the lives that are lost. National Highway Traffic Safety Administration assets that 41% of individuals who sustained fatal injuries in traffic crashes included those involved in crashes related to alcohol (with the driver or the pedestrian manifesting a blood alcohol concentration (BAC) of more than zero). Similarly, 35% of individuals fatally injured in traffic crashes involved someone with a BAC of 0.08% or higher. Of the total number of individuals injured in traffic crashes, 9% were injured in alcohol-related crashes (close to 225,000 out of 2,926,000). Majority of states has recognized a BAC level of 0.08 % as the legal level of intoxication. A report released by NHTSA in 2002 indicates that 84% of drivers who had been drinking and involved in fatal crashes manifested BAC’s at or above 0.08% (NHTSA). The study also indicated that, of all alcohol related crashes, 4% led to death and 42% led to an injury. In comparison, of the motor vehicle crashes that did not entail alcohol intoxication, 0.6% led to death, while 31% led to an injury. A lot of people, in addition to the drunk drivers, perish in crashes involving drinking drivers. In 2002, 44% of individuals who died in traffic crashes featured a drinking driver with BAC of >0.01%. In 2002, there were 13,470 fatalities from crashes featuring alcohol-impaired driver (BAC of 0.08 or higher), which accounted for 32% of total traffic fatalities. Studies indicate a strong evidence of onset of impairment in driving skills with any departure from zero BAC. Majority of studies indicate impairment on some essential driving measure by 0.08% BAC. National Highway Traffic Safety Administration (NHTSA), Traffic Safety Facts 2002: Alcohol. Pub. No. DOT HS–809–606. Washington, DC: U.S. Department of Transportation (2003). In addition, drinking and driving also features an economic cost. It is estimated that people other than the drinking driver paid close to $51 billion of alcohol linked crash bill, plus other of medical incurred costs in the emergency department costs and costs of treating alcohol impaired drivers. Alcohol is a significant factor and accounts for 35% of U.S. crash costs (both monetary costs and quality of life losses, especially loss of productivity). Over 25% of the first year, medical costs for persons hospitalized owing to crash are mainly settled by tax dollars, two-third of which is settled through Medicaid and one-third through Medicare. The outcomes of excessive drinking go beyond crashes and encompass addition costs due to violence, and chronic illness, plus other alcohol abuse problems. The high societal costs flowing from driving under the influence has led to adoption of preventive measures such as deferring or revoking driver licenses, enhancing penalties such as fines or jail, seizing or immobilizing vehicles, and mandating alcohol education. Research indicate that majority such countermeasures have been successful in minimizing drinking and driving and alcohol-related injuries and deaths. Shults, R., et al., Reviews of Evidence Regarding Interventions to Reduce Alcohol–impaired Driving, American Journal of Preventive Medicine 21(Suppl. 4) (2001). Conducting mandatory alcohol assessment and treatment of offenders convicted for drinking is also another effective strategy towards this end. The characteristics of alcohol related fatalities and fatal crashes differ significantly according to gender, age, day of the week, race/ethnicity, BAC levels, time of day, vehicle type, and the victim of the accident, whether, a driver, passenger or pedestrian. However, speeding beyond the established limit, is a prevalent contributory factor to motor vehicle accidents. Young drivers are at an enhanced risk for involved in traffic crashes, including alcohol involved crashes compared to older drivers. Hence, when evaluating the manner in which to address potential harm occasioned by drinking and driving, it is essential to keep these factors in mind since they possess significant impact on enhancing the probability of alcohol-involved crashes. Harmful use of Alcohol sums up as the world’s third largest risk factor for disease burden. Alcohol is significantly associated with numerous, severe social and developmental issues including of aspects such as violence, absenteeism in the workplace, and incidents of child neglect and abuse. The harmful use of alcohol is a worldwide problem that compromises both individual and social development. Harmful use of alcohol has been blamed for the onset of physical and psychological health problems. An intoxicated driver can hurt others or put them at a threat of traffic accidents, aggressive behavior, or negatively influence colleagues, friends, or strangers. A considerable proportion of the disease burden attributable to harmful drinking emanates from unintentional and intentional injuries inclusive of those arising from traffic accidents, violence, or suicides. Fatal accidents flowing from alcohol consumption is likely to occur among the young people. The level of risk for harmful use of alcohol differs significantly with age, sex, and other characteristics of the consumer (biological). Road traffic crashes are a significant cause of injury and death globally, with the bulk of those incidents involving alcohol impaired drivers. Alcohol consumption weakens certain functions, such as visual acuity and reaction time, which in turn enhances the probability that accidents may occur. Driving demands a combination of skills that can change persistently. Every driver is expected to demonstrate alertness and possess the capability to judge distance and speed. Certain drinking disorients several skills critical for safe driving and enhances crash risk. Driving under influence (DIU) forms one of the major causes of morbidity and mortality. Alcohol influences the central nervous system, impacting on a number of behavioral and cognitive capabilities. The reaction time of a drunken driver is significantly decreased by up to 10%-30% the driver’s vision may become blurred, and the judgment of aspects such as distance, speed, and hazard is highly likely to be diminished. Studies indicate that crashes involving alcohol are highly likely to be fatal or yield severe injuries. Hingson, R., Heeren, T., & winter, M., Effects of Recent 0.08 Percent Legal Blood Alcohol Limits on Fatal Crash Involvement, Injury Prevention 6 (2000). Majority of countries has undertaken actions directed at addressing impaired driving by making it both unacceptable to the society and a criminal offense. A significant step in this endeavor involves the institution of a maximum allowable BAC level. The maximum tolerable BAC level acts as the foundation for efforts to minimize and deter alcohol-impaired driving by availing an effective benchmark for the enforcement and deterrence. BAC limits span a broad range of values that reflect historical evidence, identified risk that is weighed against public convenience, and cultural admissibility of limiting BAC levels as per the subject’s behavior. Even at a BAC level of 0.2 mg/ml or lower, a driver’s capability to divide concentration between two or more sources of visual information can be significantly impaired. Other s consequences of drinking on driving skills encompass characteristics such as influence of perception abilities, difficulty in steering a vehicle in a straight line, and a tendency to be overconfident, devoid of considering the danger. The possibility of collision is reported to intensify at BAC levels of >0.5mg/ml, with drivers manifesting a BAC levels of 0.9 mg/ml being more than 11 times probable to involve in a fatal crash relative to drivers who have not consumed alcohol. Hingson, R., Heeren, T., & Winter, M., Effects of Recent 0.08 Percent Legal Blood Alcohol Limits on Fatal Crash Involvement, Injury Prevention 6 (2000). Countries have enacted several countermeasures directed at responding to drinking and driving and geared towards altering the behavior of individuals who drink and drive while intoxicated, as well as sustaining the behavior of individuals who rarely or never drive if over the established BAC limit. The countermeasures mainly cover four critical areas, namely: public education, policies, enforcement, and sanctions. Research indicates that combinations of these measures can be effective in minimizing the proportion of fatal crashes involving driving under the influence. Holder, H., Gruenewald, J., Ponietio, W. et al., Effect of Community–based Interventions on High–risk Drinking and Alcohol–related Injuries, Journal of the American Medical Association 284,18 (2000). Laws exist in many countries directed at detecting impaired drivers by authorizing police officers to conduct random breath tests on drivers, regardless of whether the drivers are suspected of impairment. Drivers who fail to comply can be compelled to submit to the test or face penalties. Just like any policy measures that count on legislation, effectiveness of laws against drunk driving can only be guaranteed through enforcement by law enforcement officers or local authorities. The fundamental intention of the enforcement activities should not necessarily be to apprehend as many offenders as possible, but rather to institute the awareness that individuals who break the law will be apprehended and punished. Voas, R., Tippetts, A., & Fell, J., The relationship of Alcohol Safety Laws to Drinking Drivers in Fatal Crashes, Accident Analysis and Prevention 32 (2000). The submission of blood test have become routine, a common feature of everyday life, and thus, Missouri V. McNeely (11-1425), 2010) should not be an exception. See Breithaupt v. Abram, 352 U.S. 432 (1957) (Plurality of opinion). Warrantless search is objectively reasonable in certain circumstances such as McNeely’s case. See Kentucky V. King, 131 S.Ct. 1849 (2011); Mincey V. Arizona, 437 U.S. 385, 394 (1978); and, State V. Cocio, 709 P.2d 1336, 1345 (1985). Law enforcement officers should not be perceived to have overstepped their mandate by failing to obtain a search warrant. The arresting officer is justified in arranging for a quick blood test, without delay and a warrant, since the longer the wait before conducting the test, the higher probability of alcohol in the suspect’s system being metabolized. In effect, any delay would yield the continued destruction of evidence. The natural dissipation of alcohol presents “special facts” or “exigent circumstances” to excuse obtaining blood tests in a hurry. See Brigham City V. Stuart, 547 U.S. 398 (2006). This alternative decision can be supported by 1996 US Supreme Court precedent, which admitted police under certain exigent situations to conduct a warrantless blood test. See State V. Baker, 502 A.2d. 489, 493 (1985). Hence, the speedy dissipation of alcohol in the bloodstream produces a satisfactory exigency to validate a blood test devoid of a warrant. Conclusion For the grounds set forth in the above arguments, Missouri Supreme Court should overturn the judgment of the trial court. Respectfully submitted, Read More