Black Box prosecution

[Andy C]

I read this article in the Florida Sun Sentinel this morning.

I seem to remember a thread about the legallity of using the air bag black box sensors being used as evidence in court - it appears that this is the first case of its kind (according to the article) where a driver has been prosecuted using the crash data from a vehicle.

"The little "black box" in Edwin Matos' car is a reliable source of evidence that he was driving at more than three times the speed limit when he slammed into another vehicle and killed two teenage girls in Pembroke Pines, an appeals court ruled on Wednesday.

In what appears to be the nation's first such appellate ruling in a criminal case, the 4th District Court of Appeal agreed with the trial judge who allowed Broward prosecutors to use evidence gathered from the car's "black box" in Matos' 2003 trial.

"This is a tool we're going to be using more and more often in traffic investigations," said Michael Horowitz, the prosecutor who won two manslaughter convictions against Matos. "It's an objective piece of evidence that can convict or exonerate you."

Few drivers realize that a silent, technological passenger is riding along with them and could be used as evidence against them.

Every vehicle that has an airbag has a version of the box, which is also known as an "event data recorder." Experts describe it as the brain of the airbag system because it records speed and collects other data about how the car is operating and tells the airbags whether or not to deploy in the event of an accident.

While most cars on the road today have the device, Horowitz said that, right now, data can only be usefully retrieved and interpreted from a few makes, including Ford, General Motors and some Isuzu models. He said he expects the technology will be more widely available in the future and will be used in more cases.

Carmakers have been successfully using data from the boxes for years, the court found, and the reliability of the information is generally accepted among experts who work in that field. That is the legal standard for expert proof to be used in court.

Matos' attorney, Jack Fleischman, said that he plans to further appeal the ruling. Matos, 48, is currently serving 30 years in prison for the August 2002 deaths of Jamie Maier, 16, of Davie, and Paige Kupperman, 17, who had recently moved to Miami Lakes from Cooper City. They were backing out of a friend's driveway when Matos' 2002 Pontiac Grand Am Firehawk slammed into them.

In this case, the computer data showed that Matos was driving at 114 mph just four seconds before the crash and at 103 mph in the second before the crash. The posted speed limit was 30 mph in the residential neighborhood. Accident reconstructionists had estimated the minimum crash speed at 80 mph.

The conviction rested largely on the evidence from the "black box," Horowitz said shortly after the verdict.

Police and court records showed that Matos was also intoxicated at the time of the crash and that he had a blood alcohol level of .12 percent. The legal limit to operate a vehicle or vessel is .08 percent.

But the jury was not told about those test results because they were not legally admissible at trial. The judge ruled that the evidence could not be used in court because Matos did not give consent for his blood to be taken.

The appellate court also ruled that the device is not subject to a Florida law requiring radar guns and other speed detectors to be regularly tested."

[Andy C]

I read this article in the Florida Sun Sentinel this morning.

I seem to remember a thread about the legallity of using the air bag black box sensors being used as evidence in court - it appears that this is the first case of its kind (according to the article) where a driver has been prosecuted using the crash data from a vehicle.

"The little "black box" in Edwin Matos' car is a reliable source of evidence that he was driving at more than three times the speed limit when he slammed into another vehicle and killed two teenage girls in Pembroke Pines, an appeals court ruled on Wednesday.

In what appears to be the nation's first such appellate ruling in a criminal case, the 4th District Court of Appeal agreed with the trial judge who allowed Broward prosecutors to use evidence gathered from the car's "black box" in Matos' 2003 trial.

"This is a tool we're going to be using more and more often in traffic investigations," said Michael Horowitz, the prosecutor who won two manslaughter convictions against Matos. "It's an objective piece of evidence that can convict or exonerate you."

Few drivers realize that a silent, technological passenger is riding along with them and could be used as evidence against them.

Every vehicle that has an airbag has a version of the box, which is also known as an "event data recorder." Experts describe it as the brain of the airbag system because it records speed and collects other data about how the car is operating and tells the airbags whether or not to deploy in the event of an accident.

While most cars on the road today have the device, Horowitz said that, right now, data can only be usefully retrieved and interpreted from a few makes, including Ford, General Motors and some Isuzu models. He said he expects the technology will be more widely available in the future and will be used in more cases.

Carmakers have been successfully using data from the boxes for years, the court found, and the reliability of the information is generally accepted among experts who work in that field. That is the legal standard for expert proof to be used in court.

Matos' attorney, Jack Fleischman, said that he plans to further appeal the ruling. Matos, 48, is currently serving 30 years in prison for the August 2002 deaths of Jamie Maier, 16, of Davie, and Paige Kupperman, 17, who had recently moved to Miami Lakes from Cooper City. They were backing out of a friend's driveway when Matos' 2002 Pontiac Grand Am Firehawk slammed into them.

In this case, the computer data showed that Matos was driving at 114 mph just four seconds before the crash and at 103 mph in the second before the crash. The posted speed limit was 30 mph in the residential neighborhood. Accident reconstructionists had estimated the minimum crash speed at 80 mph.

The conviction rested largely on the evidence from the "black box," Horowitz said shortly after the verdict.

Police and court records showed that Matos was also intoxicated at the time of the crash and that he had a blood alcohol level of .12 percent. The legal limit to operate a vehicle or vessel is .08 percent.

But the jury was not told about those test results because they were not legally admissible at trial. The judge ruled that the evidence could not be used in court because Matos did not give consent for his blood to be taken.

The appellate court also ruled that the device is not subject to a Florida law requiring radar guns and other speed detectors to be regularly tested."

[Andy C]

I'm with you on that Seth - I am a little concerned about the data being used from my vehicle - but in a case like this it is pretty difficult to argue against the use of the data - this dickhead deserved what he got - though he should have gotten worse in my opinion - and if the data from his vehicle helped put him away - then I am all for that.

[Hart1]

I just hope it is accurate as they claim it to be. A good point is made that no calibration has ever been conducted on the box recorder. Can the box fall out of calibration? When other "detectors" are used in court, calibration of the unit is required, from time to time.

I know too I have seen my GPS speed go nuts, once claiming that my highest speed in my Pinzgauer was over 120mph. Anyone who knows about the Pinz knows it red lines at about 70mph, because of the gearing.

[KenP]

That guy should certainly serve more time. YOu had to see this coming with the black boxes being used against the owner. I really don't like it.

Here are a few threads on the Black Box:
http://elcova.com/groupee/forums/a/t...015#9186017015
http://elcova.com/groupee/forums/a/t...833#6696096833
http://elcova.com/groupee/forums/a/t...4206#267104206

[Hart1]

Sfox:

You make some very powerful points....

[ROX]

That guy got what he deserves.

Why did they need a black box to tell them that? They already use measurements to determine speed of vehicles at crash scenes.
I hate to see those black boxes being used in court.

[Fastest H-Town Realtor]

Although the box info was used, i do not believe that it was instramental to the conviction..unlike what the article makes it look like. Any police accident investigator can tell approx. what speed a vehicle is/was traveling according to the damage to it/other vehicles. The box info was used for backup.

Another case of the media writing its own story,irreguard to the actual events.

[Andy C]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Fastest H-Town Realtor:
Although the box info was used, i do not believe that it was instramental to the conviction..unlike what the article makes it look like. Any police accident investigator can tell approx. what speed a vehicle is/was traveling according to the damage to it/other vehicles. The box info was used for backup.

Another case of the media writing its own story,irreguard to the actual events. </div></BLOCKQUOTE>

I agree about the press making a story into what they want it to be - but what is interesting here is that the black box evidence was allowed to be admissable in a court - it may not be the only factor leading to this guys conviction - but it certainly helped.

[tower]

Well, teleologically, I guess it all balances out in this case. They botched the case on the ethanol, but made the case on other evidence.

"...the jury was not told about those test results because they were not legally admissible at trial. The judge ruled that the evidence could not be used in court because Matos did not give consent for his blood to be taken."


How much did black box data play a role, well if the AI's came up with a MINIMUM speed of 80 that alone is pretty damning.


"Sorry, no room for defending this guy even a little bit."

As far as defending the guy goes, the only thing one could say is that ordinarily, he would have the right of way as he was already on the road and the girls were backing out of a driveway. But at his speed (even without the DUI evidence), good luck.

It never ceases to amaze me that on something as routine as a DUI, evidence gets botched.

I am also not crazy about the Big Brother aspect of the black box. When I was a kid and worked ambulance, there was a device used to record speed, roll (g-forces through turns) and acceleration deceleration. They wanted to use it to dock drivers’ pay. It was very unpopular and got dropped. Still, this is probably the wave to come. The upside is that the data could potentially be used to exonerate the driver, when not at fault.

The calibration issue is significant. When I used to do forensic exams (drug testing), we were required to calibrate our breath alcohol testing devices once a month. The calibration needed to be proven before every test and after every positive result for that result to be considered valid.

[LasVegas]

My technical understanding is that the "black box" only retains information when an airbag is deployed and then only for the last 5 seconds before deployment. That would certainly tell the story for someone going 80 mph when they hit someone and good for the black box. BUT, what we have to watch for is an expansion of this system to other intrusive situations. That's the concern.

[DennisAJC]

I recall the police here pulling a criminal's NAV memory to confirm his location during a rape.

He was convicted because of that.

Black box info could be bad and good depending who benefits.

[Hummertech]

This "black box" they talk about is nothing more than your airbag module. Your airbag module retains memory in the event of a crash involving airbag deployment. Things such as speed and if your seat belt attached or not are the main things they can use from this. It is nothing that needs calibration since it is just receiving this info from the other onboard computers. The speed would also be very accurate, unless of course you have some tires of a very differnt size on and didn't have the computer calibrated for it. But that would be very easy to show if you were in a wreck, and they were claiming a different speed than you felt you were going.
Just don't drive like an ******* and you won't ever have to worry about this.

[tower]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Just don't drive like an ******* and you won't ever have to worry about this. </div></BLOCKQUOTE>

Amen.