Preview of Member Only Content
For full access: or Become a Member
Retrieving Black Box Evidence From Vehicles: Uses and Abuses of Vehicle Data Recorder Evidence in Criminal Trials
By Dorothy J. Glancy
Over 40 million cars, including virtually every new car sold in the United States,1 have hidden recording devices. Most vehicle owners have no way of knowing about these devices, which are actually small special-purpose computers called event data recorders (EDRs). An integral part of a vehicle’s air bag passive restraint protection, the event data recorder “wakes up” the vehicle’s passive restraint systems and triggers air bag activation. As the event data recorder’s name implies, the device also records the last few seconds before a crash or near-crash, primarily for the purposes of research regarding the safety of vehicles and roadways. However, gradually the EDR’s role has expanded to include many additional uses, including providing evidence of driver behavior and vehicle speed in criminal trials.
Reported decisions illustrate the tendency of courts to admit EDR data as scientific or technical evidence in both civil and criminal cases. What criminal defense attorneys need to know
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.