Wednesday, November 18, 2009
Florida Vehicular Homicide Black Box SDM Vehicle Download
Tampa, Florida Board Certified Criminal Trial Lawyer, Attorney W.F. ''Casey'' Ebsary, Jr. notes that some vehicles have a sensing and diagnostic module ( SDM ), also known as a ''black box.'' Prosecutors alleged recently, data from a Corvette that was downloaded from the black box revealed that a defendant's speed was 103 m.p.h. five seconds before impact and 98 m.p.h. one second before impact. The Speed limit was 40 m.p.h. A recent court ruling noted, ''A search warrant for property may be issued '[w]hen any property constitutes evidence relevant to proving that a felony has been committed.' Section 933.02(3), Fla. Stat. (2006).''Back Ground Story
Courts have held that ''the rate of speed of a vehicle can be firmly shown . . . to be so excessive under the circumstances that to travel that fast under the conditions is by itself a reckless disregard for human life or the safety of persons exposed to the speed.'' The application for the search warrant contained the following:
Accident occurred on a Monday afternoon at 12:48 p.m. in a residential area; Car traveling in excess of 70 m.p.h. in a 40-m.p.h. zone; vehicles traveled one-hundred-twenty-five feet after impact; lack of pre-impact tire marks suggested braking did not occur; and witness heard the gears ''chirp'' as the car accelerated to a faster gear. These facts showing excessive speed in a residential area were enough probable cause to get a search warrant for the car's black box.
These allegations are from court records and the defendant is presumed innocent.
These allegations are from court records and the defendant is presumed innocent.
Criminal Traffic Charges? Tell Me Your Story Toll Free 1-877-793-9290 .
Criminal Traffic Charges - SDM Black Box Download
Labels: 933.02(3), black box, sdm, Tampa Criminal Defense Attorneys, vehicular homicide
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