Article written by Judge Stephen Halsey issued to 40 newspapers

It’s In Your Court: One Hundred Deadliest Days for Teens and NOT from Swine Flu

We Minnesotans are in the midst of the 100 deadliest days for teens and its NOT from swine flu. Springtime is the time when teens begin to drive more and are involved in activities like PROM which often involve illegal alcohol use. Year around nearly every 7 days in Minnesota a teen driver dies in an auto wreck. Recently a star basketball player in Northern Minnesota died when ejected from his vehicle in a single-car wreck because he was not wearing a seatbelt. Use of seatbelts by rural teen male drivers in pickup trucks is extremely low.

I have never seen such overwhelming anguish and sorrow as that expressed at a sentencing hearing by families of a victim killed in a motor vehicle collision involving a young drunk driver. The driver’s family is also devastated by the consequences to the driver. Teen driving offenses have a significant impact on the criminal justice system in terms of law enforcement, public defenders, prosecutors, probation officers, victim support and judicial resources.

Teens in Minnesota are only 8% of licensed drivers, but account for 14% of collisions. Once they obtain a driver’s license at age 16 they are given the responsibility of operating and staying in control of an instrumentality capable of taking many lives and damaging thousands of dollars of property. Nationwide, one in 5 teen drivers aged 16 is involved in an auto accident.

In 2008 Minnesota adopted limits on nighttime driving hours and numbers of passengers for teen drivers during the first 6 months of being licensed. Graduated licensing in Wisconsin has significantly reduced the number of accidents involving 16 and 17 year old drivers. The 2008 Minnesota legislation includes the following:

• For the first 6 months of licensure, no driving midnight to 5 a.m.
• For the first 6 months, only one passenger under age 20 unless adult present
• For the second 6 monthss, no more than 3 passengers under 20 unless adult present
• No driver under age 18 may use a cell phone while driving
• ALL drivers are prohibited for text-messaging or accessing internet while driving
• For more information, see www.teendriver411.com maintained by Anoka High School SADD.

Here are some frightening statistics:

• One in ten Minnesota teens will be involved in a crash this year
• Most teen crashes are 3-7 p.m., to and from school, and with passengers
• Moter vehicle crashes are the leading cause of teen deaths (39%)
• Risk of driver death increases greatly with 2 or more passengers (triples with 3 passengers)
• 2001-05: 369 Minnesota teens died in crashes; only 39% were wearing seat belts
• 73% of teen driving deaths involved a teen driver

The consequences of a non-DWI traffic violation for a teen driver can be from a small fine or community work service to a brief loss of license. The consequences of an “underage drinking and driving offense” (under age 21 and less than .08 blood alcohol) are loss of license, a greater fine, jail time if over 18, and probation for one year. For a DWI conviction (over.08) there may be a loss of license for 90-180 days.

A very serious consequence that most parents do not realize is the forfeiture of the motor vehicle if the driver has a blood alcohol concentration of .20 or greater. By law it is presumed the parent was aware of the teen driver’s alcohol problem. Collateral consequences, of course, include higher auto insurance rates and inability to hold a job requiring a driver’s license. An adult (18-19) teen driver involved in a fatality faces possible prison time of up to 48 months. There are innovative programs, such as Teen DriveWright in Wright County, to divert traffic offenders from the juvenile justice system into a traffic safety class.

Many teen drivers, and some parents, seem to believe it can never happen to them. But your child could simply exercise poor judgment by riding as a passenger in a vehicle driven by an intoxicated driver. In Oswego, Illinois, on February 11, 2007, 9 teens and young adults were all in a car operated by a drunk driver who struck a power pole. Four teens died in that collision.

The tragedy is that about every 5 days a teenager dies on a Minnesota road. If one teen a week died of the SWINE FLU it would be all over the news and state leaders would probably call for a summit to address the danger.

Please: take a few minutes to talk to your teen driver. Make a contract with them to follow the rules listed above. Consider telling them that no matter where they are, no matter what time of day or night, they must call you if they need a ride…no questions asked.

We don’t want to see you or your child in court as someone touched by the poor driving of a teen.

Submitted by Judge Steve Halsey, Wright County District Court, chambered in Buffalo. Judge Halsey is the host of “The District Court Show” on local cable TV public access channels throughout the Tenth Judicial District. Excerpts can be viewed at WWW.QCTV.org. Go to Community and click “The District Court Show.”