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Article: "CDR Evidence Suppressed by Oklahoma Court," Hall, G.

Page 1

2010 Vol. 5 Iss.1

IT M M ! SU ide R Ins CD CD 10 ata 20 D

C

ollision C The International Compendium for Crash Research

Volume 5 Issue 1

Collision: The International Compendium for Crash Research

Spring 2010

Common Post-impact Speed Analysis Effect of Directional Tires on Wet Traction

CDR Technology An Abbreviated History

WET or FROZEN

ACM Access Considerations

Volume 5, Issue 1 - Spring 2010

Rollover Crash Reconstruction A Variable Deceleration Rate Approach

Insurance Applications

For CDR Legal Considerations


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Contents

SPRING 2010

of interest 10 8 12

Calendar of Events My Turn at the Wheel "Gear-Up!"

16

Effect Of Directional Tires On Wet Traction

features

- H. J. Herzlich, Robert Swint, Edward Ritsch and B. Unser

28

wet or frozen acm access considerations - Sean Haight

36

28

Insurance Applications for Crash Data Retrieval, Legal Considerations - Michael Merolli, David Brink, Patrick Conran, and Jasmine Garcia-Vieux

44

CDR Evidence Suppressed by Oklahoma Court

50

- George Hall

50

An Abbreviated History Of CDR Technology - Rusty Haight

74

A Variable Deceleration Rate Approach to Rollover Crash Reconstruction

74

- Nathan Rose

84

Retrieving and Interpreting Data from Ford Powertrain Control Modules using the Bosch Crash Data Retrieval Tool

96

- Bruce McNally

96

Common Post Impact Speed Analysis - Greg Russell

104 EDR Module Types and Collision Data Available in CDR Supported Vehicles - Chuck Veppert and David Little www.collisionpublishing.com

Collision 3


d e s s e r p p Su George Hall P.E. Hall Consulting

44 Collision

www.collisionpublishing.com


A

bstract A 2-vehicle fatal collision occurred in Oklahoma in August 2006 when the driver of a General Motors (GM) pickup crossed the center line and collided with a passenger sedan. The driver of the sedan died from the collision and the driver of the pickup was charged with manslaughter. As part of the investigation by law enforcement, the GM Sensing & Diagnostic Module (SDM) was downloaded using version 2.8 of the Bosch Crash Data Retrieval (CDR) software. A paper copy of the CDR report was included in the investigation file, and the downloaded file was kept on the officer’s field computer. The author was retained by defense counsel to assist in understanding what the public refers to as the "black box" data. The author immediately advised counsel to obtain a copy of the original down-

loaded CDR file. The defense subsequently requested a copy of the CDR file and it was eventually discovered that the file had been lost. The defense then moved to suppress the CDR evidence, and a hearing was held to argue the motion. From the time of the download till the hearing, the CDR software had advanced by 5 versions. The defense argued that it needed the downloaded file so as to be able to examine it using the latest version of the software. The defense further argued that the CDR report printed at the time of the download should be suppressed as evidence since the software advances could yield a different report if the original CDR file were available for examination in the latest version of the software. The court agreed and sustained the defense motion to suppress, thereby preventing the CDR report from being admitted as evidence. This finding has significant implications for everyone involved with this technology.

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