James E. Reid Involved in First Motor Vehicle “Black Box” Prosecution in New York State

SYRACUSE, N.Y., July 14, 2004 - Greene & Reid, LLP partner, James E. Reid, acting in his capacity as an Assistant District Attorney in Wayne County, New York, was involved in the first reported case of utilizing a motor vehicle’s sensing diagnostic module (SDM), referred to as the “Black Box”, in the prosecution of an individual involved in a vehicular fatality in New York State.

The issues presented by the case involved retrieval of the data stored in the defendant’s vehicle sensing diagnostic module, and whether such retrieval was in compliance with the United States and New York State Constitutions, and whether and when such evidence may be admitted during the prosecution’s case.

In agreeing with the prosecution’s argument, set forth in the affirmation of Mr. Reid, the Court determined that such a download is lawful and proper, and data retrieved thereby could be introduced as evidence under the Frey standard of admissibility. Utilizing this information, the defendant driver was convicted.

A copy of this decision and the Reid affirmation are available by clicking here.

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