Many newer vehicles have an Airbag Control Module (ACM) that records certain facts about the vehicle before and during a crash. On June 27, 2018, The Georgia Court of Appeals heard a case in which the driver had moved the trial court by a motion to suppress, the introduction of evidence that he was traveling at 97 MPH approximately 5 seconds before a crash that killed two people in separate vehicle.
The officers in this case testified that the ACM records certain aspects of the vehicle at or immediately preceding airbag deployment, including speed, engine speed, brake status, throttle position, engine revolutions, driver's seat belt status and brake switch status, as well as time from maximum deceleration to impact, time from vehicle impact to airbag deployment, and diagnostic information on the vehicle's systems.
The evidence had been obtained by the State before an application for a search warrant was granted to retrieve the data from the ACM. The search warrant was granted the day after the evidence had already been retrieved from the ACM and the Court of Appeals held that there was no error by the trial court in denying the defendant's motion to suppress because there was probable cause to retrieve the data from the ACM and that the data would have been inevitably discovered.
It is important to remember that your car or truck may be recording what is happening in your vehicle and that may be used against you in a criminal case. This was a case of first impression for the Court of Appeals. You can read the entire case here Mobley v. State, 816 S.E.2d 769 (2018)
William S. Hardman, Jr., P.C. 210 Washington Street, NW, Suite 104 P. O. Box 438 Gainesville, GA 30503 Phone 770-530-1164 Fax 844-894-2462 No information contained on this website is to be construed as legal advice in your case. Please consult with a licensed Georgia attorney before making any legal decisions in your case.