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The State of New York Traffic Safety
ITSMR Jerry Miller
S.T.O.P. Collaborate and Listen!
Daniel P. Marquith
Drugged Driving: Where We Stand
Maureen McCormick, Esq.
New York State Changes to Point System and Licensing/Relicensing
Licet Gaveau, GTSC
Implementing a Fatal Collision Review Committee to Address Impaired Driving
Hannah Barrett, Research & Program Coordinator Traffic Injury Research Foundation
Intro to Oral Fluids
Jennifer Limoges, NYS Police Forensics Investigation Center
Roadside Oral Fluid Testing
Chris Kirby, Northeast Region Law Enforcement Liaison for the State of Indiana
Roadside Oral Fluid Testing in NYS
Sgt. Jonathan Cook, New York State Police
Evidential Oral Fluid Testing
Jennifer Limoges, NYS Police Forensics Investigation Center
Legal Considerations in NYS
Amanda Nissen, Esq., New York State Police
Jawana Richardson, a courageous and resilient DWI /DWAI advocate hails from Nassau County, Long Island. Her life took a tragic turn in 2014 when she experienced the heart-wrenching loss of her beloved husband of 20 years in a hit-and-run crash caused by a drunk and drugged driver.
Determined to turn her pain into purpose, Jawana has become a driving force behind the fight for stricter legislation on driving while under the influence and traffic violence.
In the face of her devastating loss, Jawana found the strength to channel her grief into action. She took to Change.org and created a powerful petition demanding tougher DWAI (Driving While Ability Impaired) laws and harsher penalties for those who endanger innocent lives on the road. Her efforts have resonated deeply, gathering an astounding 57,000 supporters who stand alongside her in the pursuit of justice.
Not content to stop there, Jawana also became an integral part of the MADD (Mothers Against Drunk Driving) Victim Impact Panel. She fearlessly shares her heart-wrenching story, making sure that the devastating consequences of drunk and drugged driving are never forgotten. Her testimonies touch the hearts of many, leaving a lasting impact on all those who hear her speak.
Jawana’s relentless advocacy has not gone unnoticed by law enforcement agencies, who admire her unwavering dedication to keeping streets and roadways safe. Invitations to share her story and express gratitude for their crucial work are a common occurrence, as Jawana recognizes the invaluable role law enforcement agencies play in protecting communities from further tragedies.”
https://www.change.org/p/tougher-laws-for-traffic-violence-in-new-york-state
Session Description:
This presentation will examine the trends of highway safety over the past 10 years. This will be an interactive presentation to discuss what we have done well, what we can improve upon, and moving forward, how we can do things differently moving forward. We will explore how data can play a role in those discussions and where the gaps in data currently reside. And lastly, this presentation will share insights into some interesting projects that ITSMR is working on that may be of interest and value to the traffic safety community.
Presenter:
Jerry Miller is the Director of the Institute for Traffic Safety Management & Research, University at Albany. He has been with the Institute for the past 7 years. The Institute was established in 1978 to provide a link between the State University of New York and New York State government to facilitate the application of academic expertise to the mitigation of traffic safety problems. From its inception, the Institute has played a key role in developing legislative and programmatic countermeasures for major highway safety issues.
Prior to joining the Institute, Jerry worked for the State of New York for 15 years in various capacities which included 11 years at the NYS Division of Criminal Justice, Office of Public Safety. He was a Program Manager within the law enforcement training division overseeing the development of curriculum and the delivery of training statewide. Another position Jerry held within the state was at the Department of Motor Vehicles, Governor’s Traffic Safety Committee where he oversaw the State’s impaired driving program and was the State Coordinator of the Drug Evaluation and Classification Program.
Jerry began his professional career as a Police Officer from 1993 – 2001 in Pittsfield, Massachusetts. His education consists of a Bachelor of Science, Criminal Justice, and a Master of Public Administration.
Session Description:
This session will provide a deeper understanding of the simple, yet complex issues that affect the New York STOP DWI Foundation. We will apply a SWOT Analysis Method to the Foundation model and discuss a series of tactics and trends for combatting these issues. We will discuss potential opportunities for continued success, as well as future-proofing the program.
Presenter:
Daniel P. Marquith is a senior-level law enforcement executive with more than 20 years of experience leading public safety operations at the local and federal level. Skilled in planning, organizing, and coordinating sensitive activities in conjunction with federal agencies, including DEA, DHS, Secret Service and FEMA, he specializes in investigation, risk assessment, disaster response, security planning and anti-terrorism. Mr. Marquith trained and commanded teams and established relationships with community, political and agency-level stakeholders to achieve organizational goals. Mr. Marquith began his career at the Hendry County Sheriff’s Office as a civilian.
In 2002, Mr. Marquith relocated to the Florida Keys, and accepted a position as a deputy sheriff with Monroe County Sheriff’s Office. In 2004, he moved to the Osceola County Sheriff’s Office where he was assigned to the Patrol Division and Sexual Offender Task Force as a Deputy Sheriff. He was ultimately transferred to the Sheriff’s Traffic Enforcement Unit, where he served as an Aggressive Driving Deputy, DUI Investigator, DUI Instructor, and Drug Recognition Expert. His strong knowledge of police operations and ability to build consensus were quickly recognized by the leadership team. He would go on to receive a series of promotions that eventually led to him becoming a Captain. Under his leadership, the organization has delivered a double-digit reduction in crime, improved officer performance, and increased inter-agency collaboration with federal authorities.
After his retirement from law enforcement, Mr. Marquith served as an adviser to Congressman Darren Soto of Florida’s Ninth Congressional District in the U.S. House of Representatives. He entered nonprofit senior management as the deputy regional executive director at Mothers Against Drunk Driving, managing operations in Florida, Puerto Rico, and the Caribbean. While with MADD, he developed, implemented, and managed initiatives to reestablish the organization’s brand and increase victim services to those impacted by impaired driving. Mr. Marquith also oversaw MADD’s expansion into the Caribbean and was instrumental in engaging with territorial leaders, which resulted in the funding and hiring of five full-time employees for the first time in the history of the organization.
In October 2022, President Joseph R. Biden, Jr. announced Mr. Marquith’s appointment to his administration. Mr. Marquith currently serves as Deputy Chief of Staff for U.S. Immigration and Customs Enforcement. Mr. Marquith serves as a senior advisor to the office of the Director and is responsible for overseeing engagement with our nation’s state, local, and tribal law enforcement agencies. Mr. Marquith serves as a National Sheriff’s Association committee member and former co-chair of the Florida Public Service Association. He continues his law enforcement service in Florida as a reserve deputy sheriff for the Seminole County (FL) Sheriff’s Office. He graduated from the College of the Florida Keys Law Enforcement Academy in 2002.
Session Description:
This session will focus on the use of oral fluid testing to support driving while under the influence of drugs investigations. Both roadside and lab based evidential testing will be discussed. The training is designed for toxicologists, law enforcement, attorneys, and other traffic safety partners to successfully implement the use of oral fluid in their state’s impaired driving programs.
Jennifer Limoges, from the New York State Police Forensic Investigation Center, will give background information on drugs in oral fluid and introduce attendees to NY’s Oral Fluid Work Group. Chris Kirby, from the Indiana Criminal Justice Institute will share his state’s experience with implementing roadside oral fluid screening, including successes and lessons learned, followed by Sergeant Jonathan Cook of the New York State Police discussing steps being taken to assist with the introduction of roadside screening in New York State. Then Jennifer Limoges will discuss oral fluid as a specimen for evidential testing in drugged driving investigations and will provide an update on NYSP’s program. Lastly, Maureen McCormick from the Suffolk County District Attorney’s, office will share her expertise in New York’s Vehicle & Traffic Laws and how those impact oral fluid utilization.
Jennifer Limoges received her B.S. in Chemistry from Clarkson University and her M.S. in Forensic Science from the University of New Haven. She began working for the New York State Police as a Forensic Scientist in 1994. Currently, she is the Associate Director of Forensic Science for the Toxicology and Breath Testing departments of the NYSP Forensic Laboratory System. Ms. Limoges is an active member of the Society of Forensic Toxicologists (SOFT) and the American Academy of Forensic Sciences (AAFS). She was a member of the SOFT Board of Directors from 2011-2017, serving as President in 2016. She is a current member of the SOFT/AAFS Drugs & Driving Committee and SOFT Ethics Committee. She is a member and Past President of the Northeastern Association of Forensic Scientists (NEAFS), a member of the International Association for Chemical Testing (IACT), and is certified by the American Board of Criminalistics (ABC-GKE). Ms. Limoges is part of the National Safety Council’s Alcohol, Drugs, and Impairment Division (NSC ADID), and has been on their Executive Committee since 2008. She received the NSC ADID’s prestigious Robert F. Borkenstein Award in 2023 for her outstanding contributions to the field of alcohol and drug related traffic safety. She served as the Guest Editor for the 2009 SOFT Special Issue of the Journal of Analytical Toxicology (JAT).
Ms. Limoges’ primary area of expertise is in impaired driving issues. She co-authored the 2013 JAT publication “Recommendations for Toxicological Investigation of Drug Impaired Driving and Motor Vehicle Fatalities,” as well as the 2017 and 2021 updates also published in JAT. She has worked with the New York Prosecutors Training Institute (NYPTI), the New York Governor’s Traffic Safety Committee (GTSC), and Drug Recognition Experts (DRE) on traffic safety matters. Ms. Limoges is a strong proponent of continuing education. She has hosted numerous workshops over the years at both the local and national level, providing training to toxicologists, law enforcement officers, attorneys, and judges.
Ms. Limoges is also very active in standards development within the forensic science community. She worked to establish the Academy Standards Board (ASB), the AAFS’s accredited standards development organization, and currently serves on the ASB’s Board. She is a member of the ASB Toxicology Consensus Body, and is a past member of the NIST Organization of Scientific Area Committees (OSAC) Toxicology Subcommittee and the Scientific Working Group for Forensic Toxicology (SWGTOX).
Mr. Christopher Kirby is the Northeast Region Law Enforcement Liaison for the State of Indiana, assisting agencies in that region in applying for, maintaining, and reporting traffic safety grants. He joined the Highway Traffic Safety Department in Indiana in 2021 after serving for over thirty years as a City Police Officer in Muncie Indiana.
While serving as an Officer in Muncie Indiana Chris served as a road Sergeant, Traffic Unit Commander, Traffic Crash Reconstruction Team Commander, Drug Recognition Expert, Standardized Field Sobriety Test Instructor, Drug Recognition Expert Instructor and Hostage Negotiator. He has also served as a Deputy Coroner for Delaware County Indiana. He is also a proud Veteran that served in the United States Army as a Military Police Officer.
Special Assistant District Attorney for Legislative Initiatives, Suffolk County District Attorney’s Office; Co-Chair, Vehicular Crimes Subcommittee, DAASNY
Session Description: “Drugged Driving: Where We Stand”
This session will review the current law related to driving while impaired by “drugs,” the law’s legislative history and idiosyncrasies, case law interpretations and their practical impacts on enforcement and prosecution; some relevant statistics and an overview of how the rest of the country is approaching drugged driving. The session will also address proposed solutions to the deadly problem of drugged driving.
Presenter:
Ms. McCormick is a Special Assistant District Attorney in the Suffolk County District Attorney’s Office and a 37-year career prosecutor. She founded the first Vehicular Crimes Bureau in both NYC and Nassau County and created the award-winning “Choices and Consequences” Program, which has educated more than a million high school students in multiple counties about drunk, drugged, and reckless driving. She is a member of the New York State Impaired Driving Advisory Council and helped draft legislation, including Leandra’s Law, Jack Shea’s Law and the Aggravated Vehicular Homicide and Assault statutes, among others. She is a contributing author of the New York State DWI Trial Manual and the Vehicular Homicide Manual. Ms. McCormick has tried many high-profile vehicular crimes cases including People v. Heidgen, the wrong way, head-on crash into a wedding limousine, killing the limo driver and flower girl, Katie Flynn. She successfully argued two DWI depraved murder cases before the Court of Appeals and the Federal Second Circuit. She is the recipient of a number of awards including the William T. Smith Award for Legislation, the MADD Lifetime Achievement award, the NHTSA Public Service Award, the National Traffic Safety Award for Prosecutors and New York State Prosecutor of the Year. Most recently, she was honored with the Excellence in Leadership award named for her by MADD.
Session Description: The proposed rules make changes to the point system and changes to procedures regarding licensing or re-licensing after revocation. The changes to the point system are covered in 15 NYCRR Sections 131.3 and 131.4; and the changes to procedures regarding licensing or re-licensing after revocation are covered in 15 NYCRR Sections 136.5 and 136.6.
Presenter: Licet Gaveau was appointed to the position of Executive Director of the Governor’s Traffic Safety Committee (GTSC) in January 2023. In this role, she coordinates traffic safety activities in the state and shares useful, timely information about traffic safety and the state’s highway safety grant program. She is also the co-chair to the Equity and Engagement Committee and serves on the Governors Highway Safety Association (GHSA) board. The Committee’s goal is to address key barriers to advancing equity in highway safety programs, promote greater outreach and engagement in underserved communities and guide GHSA efforts to prioritize equity in all the association’s initiatives.
Licet began her career at DMV as an Administrative Law Judge in June 2008 adjudicating thousands of traffic hearings in the Traffic Violations Bureau. She has held several positions within DMV including Senior ALJ where she supervised and managed the daily operations of an office and Supervising Administrative Law Judge where she was tasked with overseeing both the Safety Hearing Business Unit and Traffic Violations Bureau. Licet stepped out of her legal role to aid in the furtherance of the Agency’s goals by participating in policy, planning and development. This includes assisting with an information technology upgrade and streamlining of hearings. She also coordinated the implementation of two new software applications and creating procedure manuals to train administrative law judges, clerical staff, and external agencies.
Prior to working at DMV, Licet enjoyed an eight-year career at Bronx County District Attorney’s office as an Assistant District Attorney. Not only did she try criminal matters from inception to trial, but she had the opportunity to work in civil litigation.
Licet received her Juris Doctorate from Villanova Law and Bachelor’s Degree from St. John’s University.
Session Description:
Martin Lockett grew up in a rough neighborhood in Portland, Oregon, and by the time he was fifteen, his parents did not know what to do with him. He and his friends committed crimes, drank, smoked marijuana, and eventually was sent to prison at age 19 for his part in an armed robbery.
Released three years later at age 22, Martin seemed to finally turn his life around. He got a good job, moved up in the company, enrolled in community college, and met a nice young woman. He is proud to buy his first car, but his decision to get behind the wheel one drunken New Year’s Eve left two innocent people dead, several families destroyed, and put twenty-four year old Martin behind bars for nearly twenty years.
It is in prison that Martin finally found meaning and direction in life. Devasted by the tragedy he had caused, Martin has devoted his life to preventing others from following in his footsteps. Martin does this by sharing his powerful story at DUI victim impact panels, alcohol safety classes, high schools, and conferences across the country.
Research & Program Coordinator Traffic Injury Research Foundation
“Implementing a Fatal Collision Review Committee to Address Impaired Driving.”
Session Description:
Good quality data provides important insight into the magnitude, characteristics, and trends of the impaired driving problem. This knowledge is essential to guide decision-making with respect to selecting priorities and allocating resources. An important limitation of impaired driving data is that it is often dated and does not provide a snapshot of the current situation. This gap can make it challenging to garner political or agency leadership to address the problem, as well as support for the implementation of new countermeasures. One strategy to overcome this problem is the formation of a local level Fatal Collision Review Committee (FCRC) which can provide more timely data to both inspire and inform action.
An FCRC is a multi-disciplinary committee that undertakes a timely review of fatal road crashes in a local jurisdiction. An FCRC provides key decision makers at the county level with a more complete understanding of fatal crashes in their communities and factors contributing to them. Agencies represented on an FCRC include police services, coroner’s or medical examiner’s office, public health, EMS, city planners and other key stakeholders such as licensing authorities or probation officials as needed. Structured through Terms of Reference and Memoranda of Understanding, these agencies can share data to undertake a complete analysis of fatal crashes. The purpose of a Fatal Collision Review Committee (FCRC) is to provide a tool to communities of all sizes that provides them with a better understanding of fatal crashes in their jurisdictions and identify what factors play a role in them.
This presentation will summarize available impaired driving data in New York, the objective of an FCRC, as well as its functions, and the role of community partners in an FCRC. It will also share tools to help establish an FCRC in your locality.
Presenter:
Hannah Barrett, Research & Program Coordinator Traffic Injury Research Foundation
