STOP-DWI

In an effort to maximize the return on fines paid by drunken drivers, Assistant County Manager Matt Landers is proposing using some of that money to fund the addition of a deputy to the Sheriff's Office with the position being dedicated solely to DWI enforcement.

If a dedicated DWI deputy could make just one more DWI arrest per week over the course of a year above the current arrest rate, the position would be fund itself in future years, Landers said.

Landers is proposing using $60,000 from STOP-DWI cash reserves to fund the $100,000 position for the first year.

The County Legislature must consider whether to budget the balance of the $40,000 cost to get the new position started. The additional $40,000 will cover the cost of fringe benefits for the new deputy.

The STOP-DWI plan was recommended for approval by the Ways and Means Committee on Wednesday, but not without some concerns and skepticism raised.

Legislators asked whether other deputies not assigned to the STOP-DWI detail might be less inclined to enforce DWI, thinking, "That's the other guy's job," but Landers expressed confidence that the other deputies' professionalism would prevent that mindset.

Legislator Ray Cianfrini, an attorney, raised concerns that a dedicated DWI patrolman might feel the pressure to make quota and engage in practices courts have determined to constitute entrapment, but Landers said he believes there's enough DWI activity that isn't being thwarted now to keep a full-time DWI deputy busy.

In fact, Landers thinks a dedicated patrol might actually arrest more than just one extra drunken driver per week, but his budget numbers remain conservative at one per week.

After the meeting, Landers said DWI arrests have dropped off the past couple of years, either because more deputy hours are being tied up with prisoner transports, or because staffing has been constrained both in the Sheriff's Office and Batavia PD.

"I don't necessarily believe it was due to fewer drunks on the road," Landers said. "I think they're out there. I'm trying to give the resources to the local law enforcement agencies to go after the drunks who are out there."

The Sheriff's Office has typically received STOP-DWI funds to provide overtime pay to deputies to engage in extra anti-DWI enforcement patrols. Under the new plan, that OT amount will be cut from $30,000 to $25,000, so there will still be dedicated part-time patrols in addition to the full-time, dedicated DWI deputy.

Batavia PD and Le Roy PD would receive their usual amount of STOP-DWI funding for overtime pay for dedicated DWI patrols.

"I figure this is a better way to spend STOP-DWI money and a better way and more efficient way to get more drunks off the road," Landers said.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

The statewide STOP-DWI Crackdown efforts start on July 3rd and will end on July 6th. The 4th of July extended weekend is historically a deadly period for impaired driving. This year the 4th of July falls on a Saturday so we expect heavy traveling to begin on Thursday July 2nd and festivities to begin on Friday July 3rd and run through Monday July 6th.

Americans love to celebrate Independence Day with family, friends, food and fireworks, but all too often the festivities turn tragic on the nation's roads. The fact is, this iconic American holiday is also one of the deadliest holidays of the year due to drunk-driving crashes.

According to data from NHTSA, during July 4th holiday period over the last five years (from 2009 to 2013), 750 people lost their lives in crashes involving drivers with a BAC of .08 or more. These fatalities account for 39 percent of all motor vehicle traffic fatalities over this same five-year period. The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to aggressively target those who put lives in danger.

Undersheriff William Sheron said, “The traffic volume will increase on and around the 4th of July. All drivers will need to take extra precautions and drive defensively. Drivers who are impaired by alcohol or drugs add to the danger on our highways. That is why the Genesee County Sheriff’s Office will have extra patrols out, dedicated to DWI enforcement, over this holiday weekend.”

The 4th of July Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association. The Statewide STOP-DWI Crackdown Campaign also targets Labor Day Weekend, Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

A traveling display designed to help young people learn more about the dangers of drinking and driving has arrived at Genesee Community College.

Arranged by the STOP-DWI program, which is funded through fines paid by drunken drivers, the display features the stories of young people killed by drunken drivers.

There are at least eight different displays that travel throughout the state, created by the state association of STOP-DWI programs, each with a different theme.

The theme currently on display at GCC features athletes.

The exhibit includes:

Artifacts: Personal items from the crash victims, such as: photographs, closes, drawings and     sports equipment.

Statements: Accounts from survivors, family members, friends and members of the community affected by the crash.

Newspapers: Local news coverage of the crash.

Timelines: The chain of events leading up to the crash and the events immediately following.

Aftermath: Victims' statements read at trial and the outcome of any court proceedings available at the time of the exhibit’s creation.

It's a powerful message that reminds viewers of the impact of a fatal DWI-related accident, said Sheriff Gary Maha.

"This is first time I've seen this," Maha said. "To me, this is the real thing. These are victims, innocent victims, who have been tragically killed by drunk drivers. We see it often in our community from time to time.

"I hope young people come out and look at this and read these stories and eventually won't drink and drive," Maha added.

Photo: Jocelyn Sikorski, county youth bureau, Deputy John Baiocco, Matt Landers, assistant county manager and administrator of STOP-DWI, and Sheriff Gary Maha.

Press release:

The New York State Police will join local law enforcement agencies across the state in an effort to crack down on impaired driving during Super Bowl weekend. The STOP-DWI campaign will include increased patrols on the roadways and sobriety checkpoints to deter, identify and arrest impaired drivers.

While STOP-DWI efforts across New York have led to significant reductions in the number of drinking and driving fatalities, still too many lives are being lost because of crashes caused by impaired drivers. During the 2014 campaign, State Police made nearly 100 impaired driving arrests. The campaign will be promoted on variable message boards on highways across the state, including the New York State Thruway, and runs from noon through midnight on Super Bowl Sunday. The enforcement crackdown is funded by the Governor's Traffic Safety Committee.

Troop A Troop Commander Major Michael Cerretto said “We want everyone to enjoy the Super Bowl game and parties, however we would also like to ask them to be responsible, have designated drivers or plans to get home safely. We will be out patrolling the roadways and highways ensuring that they are safe for everyone to use."

An impaired driving conviction carries a maximum fine of $10,000, up to seven years in prison and license revocation.

In 2012, there were 10,322 people killed in alcohol-impaired-driving crashes in the United States — 31 percent of all crash fatalities in the nation.

Press release:

Genesee County STOP-DWI coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

While we spend this Holiday Season celebrating with friends and family and looking forward to the blessings of a New Year, the law enforcement community across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Crackdown efforts start on Dec. 12th and will end on Jan. 1st. New York State Police, County Sheriffs and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce drunk-driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. Sheriff Gary T. Maha advises that he will have dedicated DWI patrols and Drug Recognition Experts (DRE) out looking for impaired drivers this holiday season and enforcing the DWI laws. “Our goal is to have zero DWI-related accidents over the holidays.”

The STOP-DWI Holiday Season Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. In addition, the Foundation has created a new mobile app – “Have A Plan” that is available as a free download for smart phones to help find safe rides home no matter where you may be celebrating. Many thanks to the Governor’s Traffic Safety Committee for its support of this new technology. Go to www.stopdwi.org/mobileapp or visit your app store.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. It is significant to note that nationwide in 2012, during the Holiday period (Dec. 12-31), there were 1,698 motorists killed in traffic crashes with 31 percent attributable to impaired driving. According to NHTSA data, 60 percent of the passenger vehicle occupants killed were not wearing their seat belts and 42 percent were killed in crashes that involved a drunk driver who had a blood alcohol content of .08 BAC or higher. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidents of drunk and impaired driving. Have a safe and happy Holiday Season!

Press release:

Genesee County STOP-DWI coordinator Matt Landers announced today that the Genesee County Sheriff’s Department, City of Batavia Police Department and Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

While we spend Halloween trick-or-treating and hosting parties with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Crackdown efforts start on Oct. 31st and will end on Nov. 2nd. New York State Police, county Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce drunk-driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. Undersheriff Sheron is a believer when it comes to the positive effect extra patrols have on holiday weekend safety.

“Holidays are a time of relaxation and celebration," Sheron said. "Part of our job is to make sure that the celebration doesn’t spill over onto our highways. DWI continues to be a leading cause of accidents, injury and death. For this reason, we will have extra patrols out on and around Halloween.”   

The STOP-DWI Halloween Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. It is significant to note that in 2012, 19 percent of the fatal pedestrian crashes on Halloween involved drunk drivers. Stay safe this Halloween, don't drink and drive -- get a ride. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.  Have a safe and happy Halloween Weekend!

Press release:

Genesee County STOP DWI is hosting STOP DWI Night at the Ballpark on Saturday, July 19, at Dwyer Stadium. This initiative is part of a season-long promotion at minor league ballparks throughout the State being sponsored by the New York State STOP DWI Foundation.

Before and during the game the Genesee County Probation Department and the Genesee and Orleans County youth bureaus will be on hand with interactive activities for the family as well as the Genesee County Sheriff’s canine, Destro. Patrol cars from the City of Batavia, Village of Corfu and the Genesee County Sheriff's Office will be on display.

Deputy Joseph Corona will throw out the first pitch. Deputy Corona is honored for having the most DWI arrests in Genesee County for 2013.

Please join Genesee County STOP DWI in promoting our “Don’t Drink and Drive” message and enjoy a night at the ballpark this Saturday. Gates open at 6 p.m. with a 7:05 p.m. game start time. The Muckdogs will be playing against the Connecticut Tigers.

Press release:

Genesee County STOP-DWI Program announced today that Genesee County police agencies will participate in a special enforcement effort to crackdown on impaired driving.

The statewide STOP-DWI Crackdown efforts start on March 15th and will end on March 18th. St. Patrick’s Day week is historically a deadly period for impaired driving. This year St. Patrick’s Day is on a Monday and that will extend the weekend until Tuesday for many people. The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to reduce the number of alcohol-related injuries and deaths during this period.

Batavia City Police Chief Shawn Heubusch stated, “The City of Batavia Police Department encourages everyone celebrating to do so safely and have a designated driver. Do not get behind the wheel of a vehicle if you have been drinking. We wish everyone a safe and happy holiday weekend.”

Genesee County Undersheriff William Sheron stated, “St. Patrick's Day is well known as of day of celebration. Please celebrate responsibly. Avoid tragedy; Don't plan on the luck of the Irish, arrange for a designated driver.

The St. Patrick’s Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association. The Statewide STOP-DWI Crackdown Campaign also targets Memorial Day, 4th of July and Labor Day Weekend, Halloween and the national Holiday Season in December.

Genesee County STOP-DWI Coordinator Matt Landers stated, "Enforcement efforts like these have contributed to the steady decline in DWI accidents since the program was established. Families in Genesee County are safer while traveling the roads with a program like STOP-DWI funding extra patrols by our fine law enforcement professionals."

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

In one of the first-of-its-kind "enhanced" DWI check points in the state Saturday night, only two people were arrested for driving under the influence of drugs or alcohol.

Local law enforcement is considering that a success, according to Chief Deputy Gordon Dibble.

"The fact that people know we're out there helps," Dibble said. "A lot of people say, 'why put out a press release and let people know what you're doing,' but the whole idea is to cut down on drinking and driving."

The program was funded by a grant from the governor's office and was designed to make it harder for people to avoid the checkpoints.

The checkpoints were set up in three different locations -- all in the City of Batavia -- during the course of Saturday night, and extra patrols were in the area looking for people who might be trying to avoid the checkpoint.

When the checkpoints were moved, the patrols involved would engage in a period of saturation patrols looking for drunken drivers before the next checkpoint was set up.

Le Roy PD participated Saturday with extra DWI patrols in the village.

"Only 1 percent of DWI arrests come at checkpoints," Dibble said. "But what they do is raise public awareness as much as anything else."

The vast majority of people, Dibble said (as well as officers on scene Saturday night) were cooperative and even thanked officers for the extra effort to get drunken drivers off the road.

One misconception about the enhanced checkpoints that Dibble clarified is what conduct will lead an officer to stop a car.

Merely turning down a street prior to a checkpoint is not necessarily enough reason to stop somebody.

Dibble said there is case law dealing with the these kinds of stops. In one case, a car turned into a parking lot of a closed business prior to a checkpoint. That stop was upheld by the courts. In another case, a car turned down a street prior to a checkpoint and that case was thrown out.

"It makes a lot of sense to me," Dibble said. "What we tell our patrols is we want probable cause to pull somebody over anyways. Turning may warrant a closer look to see how they're driving, but we're going to look for how you are driving, how you're making a turn and do you appear like you should be on a highway."

During the course of Saturday night, the Sheriff's Office and Batavia PD set up roadblocks on Clinton and Oak streets, and Ellicott Street just west of Cedar Street.

Arrested on Saturday were Dale R. Maxwell, 51, of Hamilton Street, Albion, and Aaron R. Rodger, 23, of Ellicott Road, Caledonia.

Maxwell was charged with DWI, driving with a BAC of .08 or more and consumption of alcohol in a motor vehicle.

Rodger was charged with driving under the influence.

Additionally, 26 citations were issued, including citations for operating while registration suspended, unlicensed operation, expired inspection, consuming alcohol in a motor vehicle, unregistered motor vehicle, uninsured operation, uninspected motor vehicle, inadequate headlights, tinted windows, aggravated unlicensed operation, 3rd, and failure to yield right of way.

The governor's grant covers three more enhanced checkpoints this summer.

Dibble said the Sheriff's Office considers them a good idea and will continue to run them on high profile weekends when they can do the most good.

"It's all about keeping our highways safe for the people," Dibble said. "We want people to have a good time and to get home safely. That can easily be done with a little forethought and a little planning ahead."

The Sheriff's Office will run a first-of-its-kind experimental DWI checkpoint March 17 somewhere in the county.

The "enhanced" DWI checkpoints feature the common roadblock, but will also include road patrols in the area looking for drivers who are apparently trying to avoid the checkpoint.

The governor's office is funding enhanced checkpoints as an experiment in four counties to combat a growing prevalence of smart phone apps that help alert drivers to checkpoints as well as other means drivers might find out about a checkpoint and then try to avoid it.

On March 17, the Sheriff's Office will operate the checkpoint and Batavia PD, Le Roy PD and State Police will provide additional patrols.

An officer trained in drug recognition will be at the checkpoint to assist in identifying drivers suspected of being impaired by drugs.

Other enhanced DWI checkpoints will be scheduled during the year in the county, in Batavia and in Le Roy.

The overtime cost associated with the enhanced checkpoints is covered by a $21,775 state grant.

A State Police investigation into the alleged misappropriation of STOP-DWI funds in Corfu has concluded there was no criminal wrongdoing in the case.

Allegations of malfeasance have been percolating in Corfu for months after Village Trustee Ralph Peterson first started looking into rumors that part-time police officers were being required to sign falsified time cards.

Investigator Ken Dubrinski concluded that there is no evidence any officers signed time cards that had notations on them claiming they were on DWI patrol when they were not.

STOP-DWI is a county program which uses funds from DWI fines to help pay for extra patrols by local law enforcement agencies -- either to operate DWI checkpoints or put DWI-specific patrols on the road.

Typically, the Village of Corfu Police Department has only one officer at a time on the road and that officer is engaged in general patrol duties. The only time two officers are on duty is during Darien Lake concerts, and one of those officers operates the intersection stop light at routes 33 and 77.

Even so, the village has been filing paperwork for STOP-DWI funding since at least 2009.

Dubrinski concluded that in the absence of falsified time cards, the filing of the STOP-DWI vouchers by the village clerk was the result of village officials misunderstanding how the program worked.

According to the investigator's report, obtained recently by The Batavian, the case started when Justice Robert Alexander (separately, a possible subject of an investigation into missing court funds) contacted Peterson and said that village police complained to him that they were being asked to sign time cards saying they were on DWI patrol when they were not.

Perterson told Dubrinski that he obtained copies of the program vouchers and interviewed police officers. He reportedly told Dubrinski that 39 out of 39 times, officers were reported to have worked DWI patrol but had only worked routine patrol.

Once officer told Dubrinski that he believed that the village was turning in STOP-DWI vouchers for any shift that resulted in a DWI arrest.

The officers interviewed by Dubrinski -- all seven or eight in the department are part-time -- said that as far back as a year ago, officers were asked to start signing time cards following a state audit. All said they had never been asked to sign a time card with additional notations on them.

If you get busted for DWI in Genesee County -- assuming you're convicted -- you're going to wind up paying out a good chunk of change that officials hope will help prevent a future DWI arrest, if not a tragic accident.

All of the fines collected from people convicted of DWI in Genesee County goes into a Stop DWI program administered by Assistant Court Manager Frank Ciaccia.

On Tuesday, Ciaccia presented a 2010-2011 budget for Stop DWI to the Legislature's Ways and Means Committee.

The budget of $262,000 distributes funds to the Sheriff's Office, Batavia Police, the courts, probation, prosecution and GCASA and are used by those agencies on either education about drinking and driving or to enforce existing laws.

Ciaccia thinks the programs, especially the education programs, have been working.

DWI arrests have been steadily declining for years, Ciaccia said. From 2008 to 2009, DWI arrests in Genesee County dropped from 356 to 321.

"More people just know not to drink and drive," Ciaccia said.

Stop DWI is funded entirely by DWI conviction fines, and 100 percent of those fines go to Stop DWI programs.