When investigating an auto accident private investigators should not forget to look at the "black box" data.
Testimony on Friday from Colorado State Patrol Trooper Scott Boskovich also revealed that the RV driven by Sean M. Cheese was traveling at least 86.75 mph - or 21.75 mph over the speed limit - when it collided with motorcyclist Donald E. Mills Jr.
Boskovich testified during a one-hour motions hearing during which VanMeveren attempted to prevent jurors from hearing evidence collected from a "black box" that compiles data from the engine of the RV.
The data indicated the top speed the RV had ever traveled was 88 mph, although Boskovich said there is no way to determine when that speed was recorded or who was driving the vehicle at the time.
VanMeveren argued that the information was irrelevant during the trial because of the inability of investigators to determine when the top speed was collected by the box.
Judge Jolene Blair, however, disagreed. She said the information can help jurors determine if Cheese was driving in a reckless manner. She said the value of the evidence outweighed any concerns about unfair prejudice.
Link:
http://www.coloradoan.com/article/20100130/NEWS01/1300317/1002/CUSTOMERSERVICE02/RV-speed-can-be-considered-at-trial-judge-says