'Black box' information driving convictions (Automobile black boxes)

Automotive Body Repair News ^ | Oct 3, 2005 | Tim Sramcik

[Ben Mugged]

In what is becoming a familiar scene in courtrooms nationwide, information collected from a car’s “black box” was used to convict a motorist of criminal charges.

On June 30, a Peabody, Mass., District Court jury found Michelle Zimmerman guilty of misdemeanor motor vehicle homicide in the death of her front seat passenger, Kenneth Carlson. The jury concluded Zimmerman was driving negligently when she skidded out of control and struck a tree on Jan. 4, 2003. Information collected from the event data recorder (EDR), or black box, in her GMC Yukon reported that Zimmerman was driving 58 mph in a 40 mph zone—on an icy road, according to Essex Assistant District Attorney William J. Melkonian. EDR data also showed that Zimmerman never applied the brakes.

Judge Santo Ruma sentenced Zimmerman to two years in prison, one year to be served with the balance suspended for three years of probation. The conviction carries a statutory 10-year loss of license.

Defense lawyer Robert Weiner has vowed to appeal based on his claims that the EDR data was misinterpreted and that police illegally obtained the data. The case could set a legal precedent in Massachusetts and nationwide where EDR information already has been introduced in more than two-dozen cases.

[Ben Mugged]

Good thing or bad thing? I know this article is dated 3 Oct but it doesn't appear to have been discussed.

[dila813]

Right to privacy dictate the removal of these devices from cars.

These devices are designed to prosecute the owner, not to defend. They don't tell you what was going on around the vehicle, only the reactions by the driver.

[Snickersnee]

At common law, a man's servant could not testify against him since the servant was considered to be an "extension" of the man. (Part of this survives in the prohibition against spouses testifying against each other.) An argument against this will begin from Fifth Amendment grounds. Who knows where it will end....

[CBart95]

What? Are you asking if material evidence is good or bad?
Maybe it depends on whether you have something to hide or not.
Your'e not one of those creepy suspicious types who think Big Brother is nosing around in your garbage so as to imprison you for life? Are you?
Or perhaps you think "freedom" is a license to steal and kill?
What do you think? Since you asked.

[dakine]

What?

Say in English...

[Appalled but Not Surprised]

Machinery (and drug-sniffing dogs) do not "testify," they merely provide data to be interpreted.

[Ben Mugged]

I personally believe this is a good thing. The car has a lot of safety mandated equipment. I believe that if the driver knows that in the event of a driving incident, the car will testify on exactly what the car was doing at the time, this could, if used properly, encourage the driver to drive more responsibly. I think the right to privacy folks will have a field day with this opinion.

[umgud]

The black boxes should be like any other evidence. If probable cause exists, then a subpeona should be used to see them. Having said that, people should know whether or not their vehicles have them and if so, they should disable them. And, under no circumstance should the guv't require them to be in a person's vehicle (I don't know if they do). I don't want the guv't telling me I have to carry a snitch tattletale around with me.

[oceanview]

18MPH over the limit gets you a reckless homicide conviction and 2 years? that is crazy. most speed limits are set artificially low to encourage ticket revenue.

[oceanview]

all cars have them and they cannot be disabled.

[Ben Mugged]

Having done some late model hotrodding I know from experience that these devices are integral to the car's computer. Disabling it would also disable the car. The only way to get rid of it is to get the Government to mandate them into nonexistence. More Government regulation.

[Concho]

Arent there some devices that you can attach which will defeat the EDR? Seems that there was a thread on here a couple years ago. Either defeat it or allow you to erase it.....

[CBart95]

Well this sure is a refreshing change from the open air asylum I just came out of where twerps have appointed themselves "the Warren Commission" on Hurricane Katrina and are hysterically screaming about their rights to draw and quarter the President of the United States.

[Ben Mugged]

Understand I'm not defending the court and I do not have a law degree but, the conditions were icy. If the speed limit is 40 under ideal conditions, the court can arbitrarily reduce the "safe" speed limit based on the reported conditions. This is why the arresting officer annotates the conditions on a ticket. Under adverse conditions, the limit could be set at say 20Mph, or 38Mph under her speed.

[nygoose]

I know Ben Mugged and you're no Ben Mugged.

[newzjunkey]

It's disturbing in a sense given that you cannot cross examine the data recorder and one should have to prove the recorder was functioning to specs and all code must be available for inspection. This is almost self-incrimination but driving is a privilege *not* a right, cars are regulated and licensed for emissions, safety. Drivers are licensed. So when considering the narrow scope of autos, I do not have a problem with this device being used in a court of law as a portion of evidence. I'd be more concerned and suspicious if it were the only evidence.

ALL drivers should be made aware of these devices at time of purchase and be required to initial their having been told about the device, its purposes and possible consequences.

[bdfromlv]

depending on how the data is coded, magnetic laser etched I have a bulk tape eraser called a gauss generator that will scramble all information on a data machine I would assume they tape over everything at a certain time or you would have to change tapes.

[Jeff Gordon]

Good thing.

Most people obey the law when they know they are being watched. Now, more drivers will know they are being watched.

The one thing that would be more effective is for all drivers to be armed. An armed society is a polite society.

[Ben Mugged]

The memory used is astatic RAM and is not sensitive to magnetism.