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 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.
(Excerpt) Read more at abrn.com ...
Which is why we have juries with mostly average people on them - so they can take such things into effect.
Sometimes juries go too far, of course. I once saw a jury deliberate on whether or not a drunk teen that killed his friend should be convicted of the crime. They were arguing about how there are plenty of people that can drive just fine while drunk so this kid wasn't really responsible.
So don't worry. Speeders get on juries and will be able to decide if speed was a factor or not.
I sure most of the jury were speeders in this case, too. But 18 miles per hour over the limit on ice was too much even for them.
Had the driver been going 40 the law would have been complied with right?
I think you raise an interesting point that will need to be addressed. I would say that More facts are better than less facts.
I would think that more people would follow the rules of the road to a much greater degree if they KNEW that the truth was being recorded about their driving habits.
If she had failed to control speed cuz she didnt put on the brakes I would offer that is a fact that should be known. I cannot say that should or should not be the determining factor in charging her, but I will say it can play a part. All facts should imho.
Well, they store on a little chip like the disk in a digital camera. You'd have to know where to hit it.
yes, but the system can bankrupt a defendant who has to defend themselves of these charges - even if acquitted.
Then lets junk the entire military. We don't need no nanny state protecting us!
I'll just use my trusty rifle and shoot down those incoming North Korean ICBMs. Down with the nanny state and it's "big-brother" missile shield.
What exactly is the purpose of speed limits if they are to be dismissed by 80% of the people?
Is it big brother that scares you or is it really your own actions being known aside from your own denial of those actions?
An officer COULD have written a ticket so no the law was NOT complied with.
Read your state's driver's manual.
In some areas speed limits, or at least the enforcement of them, is strictly for revenue for the city/county.
This is why OnStar is not offered with the new Corvette Z06. There were privacy concerns, among customers, that they would be documented taking the thing up to 201 mph on the freeway!
And "black box" evidence might just as well make for a quick judgment in favor of the defendant. How long does a trial last when all you have are people making contradictory claims? It becomes a long, drawn out crap shoot.
A black box can help settle the issue in no time, for or against.
Make sure you know whether your car has one.
Then you can be prepared to instruct your attorney, in any event.
Since you have been here less than a week and your tag line depicts your mental status I understand why you might think the way you do. My brother who was involved in a double fatality while he was driving an 18 wheeler was the other persons fault, they gave my brother a breath test and an urinalysis and sent him on his way down the hiway. Some people are just stuck on stupid, that does not mean they need to go to jail and be convicted of manslaughter. If it did we would have way to many politicians in jail and that will never happen.
so be it then. the choice is to follow the law or not. When you break a law you do so willingly by your own choice.
take the ticket and like it. Facts right?
As for checking my state drivers manual
http://www.sos.state.il.us/publications/rr/rrtoc.html
Big brother does not scare me, he is just a pain in the ass. Most freeway traffic would do just fine if you didn't have a cop out there trying to fulfill revenue enhancement. Than goodness the cops stay off the road during rush our or we would never get where we need to go.
but since such a large percentage of people exceed the posted speed limit (since they are set artificially low on most roads) - most people are going to be shown in violation based on the black box.
Since you have been here less than a week and your tag line depicts your mental status <<<<<<<trolling troll hunter are ya?
Kind of a big leap there EH?
Your brother was driving on a CDL which requires testing in the event of a crash.
How exactly does sign up date reflect mental status anyway?
Maybe that angle depicts yours better than mine huh?
I'm sure you'll get the " driving is a priviledge, not a right " folks to defend this.
Agreed, pesky facts about actions can be quite a pain in the butt, especially when they do not work in your favor. Lack of cops on the roads helped alot in New Orleans recently EH? Think before you post will ya!
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