Auman v. Commonwealth & State v. Worsham — EDR Conviction Upheld in Virginia; Warrantless EDR Download Suppressed in Florida

Updated:

Two rulings on opposite sides of the EDR line. In Auman, EDR data showing brakes “not totally engaged” at impact, paired with BAC expert testimony, supported a DUI manslaughter conviction. In Worsham, a warrantless download of EDR data was suppressed under the Fourth Amendment. Together they define when EDR data comes in and when it does not.

UNC School of Government · Virginia & Florida Courts

2017–2018

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Outcome on Record

Auman v. Commonwealth (Va. App.) · State v. Worsham, 227 So.3d 602 (Fla. Dist. Ct. App. 2017)

Reference: https://nccriminallaw.sog.unc.edu/obtaining-admitting-evidence-vehicles-black-box/