Posted on 10/09/2005 5:04:56 PM PDT by Ben Mugged
In what is becoming a familiar scene in courtrooms nationwide, information collected from a cars 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 zoneon 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.
(Excerpt) Read more at abrn.com ...
Bad judgement in driving a car makes them a criminal? Stupid maybe, okay, but a criminal for a stupid mistake without malice? Forgetaboutit.
Is it something along the lines of: " Constitution? What's that? "
How about 50 miles south of St. Louis. Southern Illinois. I remember growing up that my dad was so scared of being sued he wouldn't take our class on a hay ride. Every time somebody wants to do something up there the first words out of their mouth is, what if somebody sues, bunch of crap.
Every time somebody wants to do something up there the first words out of their mouth is, what if somebody sues, bunch of crap.
I didn't realize that was a problem restricted to Illinois.
Which county was that in, better yet, what color is it on this map?
http://www.usatoday.com/news/politicselections/vote2004/countymap.htm
At what point would the driver have been compliant with the law with regards to speed?
The posted speed limit (40 mph in this case) is the speed limit under "ideal" conditions. The law requires a person to not to exceed a much lower limit under poor weather conditions, and obviously much much lower if the conditions are icy.
From the Massachusetts Highway Manual: "No person operating a motor vehicle will run it at a rate of speed that is greater than reasonable or proper." It is clear evidence that the person was exceeding what was "reasonable and proper" if their speed contributed to the accident. Additionally, quoting again: "it is the responsibility of each motorist to reduce his/her speed for unfavorable weather conditions, poor visibility, or higher traffic volume. Posted speed limits are also a guide and serve as a guide to enforcement officers to what is a reasonable maximum speed for ideal conditions.
Better yet, just keep your but up there and don't come down here and tell us how you did it up north, we don't give a damn how you did it up there. We are doing just fine the way we are. And no, people down here don't sue because of their own stupidity, Texas jurors see though all that crap.
Maybe stupid people shouldn't be driving.
Might hinge on what Meiers thinks.
Please stop digging.
"For years, the Texas legal system has been the nation's lawsuit abuse poster child, our courts a "lawsuit lottery" that some are playing and winning at our expense. That's right our expense. Because of junk lawsuits and lawsuit abuse, we pay more for everything we buy, every time we see a dentist or pay the rent. We all pay, and we all lose."
http://www.tala.com/
Or is this just a liberal LIE? LMAO......
Fair point.
Yes. That's the difference between murder (dead body - malice intended) and manslaughter (dead body - no malice intended but negligence involved). If you drive your car in such a manner as to negligently cause the death (or potential death) of someone, then you are a criminal. If you are following all the driving laws and cause the death of someone, you are unlikely to be charged with anything as it was probably truly an accident that you could not have prevented by doing something so basic as following the law.
Bad thing. The owner of the vehicle owns the data. This data should only be used when it benefits the owner of the data.
Not talking about lawsuits against corporates or merchandise, that goes on everywhere. I am talking personal lawsuits against individuals stemming from ones own stupidity. As I said, do me a favor and keep your but up there, we are doing fine without you. Boxes??? We don't need no stinking Boxes!!!
Facts are what they are and should benefit whoever they benefit. I am astounded at the amount of people that want to hide the truth away like it is something to be shunned.
Just remember, terrorists sit arond and scheme up ways to use that mentality against us.
I think I agree with that, but I'd have to think about it more before I could say it always applys.
One concern I have is the extension of recorded data from 5 sec. to who knows what limit. Memory is getting cheaper & smaller and when it becomes possible to keep a weeks worth of data they'll do it. Then I question whether anyone has a right to track me over the past week just to see what I've been up to.
Nunya
And you want black boxes in the trunk or wherever to provide that information??? Be careful what you ask for, you might just get it.
As I said keep diggin. LMAO
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