Traffic Safety Leader Defends Judge Small, Expresses Outrage Over Criticism

The executive director of the Traffic Improvement Association today said he was angered by recent criticism of 48th District Court Judge Kimberly Small for her tough stance on even first-time drunken driving offenders.

"As a victim of two crashes that were caused by a drunk driver, I am outraged that Attorney (Robert) Larin and Professor (Kenneth) Mogill are questioning Judge Small for her actions to keep innocent people safe from drunk drivers on our roadways," said Jim Santilli in a news release on the TIA website.

"I commend Judge Small for her leadership to improve safety for all motorists."

Small heard arguments last week from Mogill, a professor at Wayne State University, as to why she should step down from a pending case involving one of Larin's clients. They've accused her of legislating from the bench and asked her to recuse herself because of her history of issuing mandatory jail sentences for first-time offenders.

Larin's client, Thomas Cygan, of Oak Brook, IL, was arrested after driving off of Orchard Lake Road in West Bloomfield in May, police reports said. He failed multiple sobriety tests and had a blood alcohol level of twice the legal limit in Michigan (0.08)

Small delayed the case and took the arguments under advisement. She is expected to issue a written decision shortly.

In his statement of support for Small, Santilli quoted statistics from the National Highway Traffic Safety Administration that show impaired driving is still among the deadliest crimes in the nation even though it is preventable.

The TIA, a non-profit agency based in Auburn Hills, reports 59 people died in Oakland County traffic crashes last year, of which 15 involved alcohol, he said.

"These are not simply numbers. They are real people whose families were torn apart by someone's personal choice to not drive responsibly," Santilli said. "We must stop the 'it's okay mentality' and start holding drivers accountable for their actions."