Car brake data proves dangerous driving case

Driver convicted after expert says ABS 'black box' showed he was speeding

Police have secured a conviction in a landmark court case whereby a car's "black box" has been successfully used as evidence of dangerous driving.

Allan John Hohaia, 50, was yesterday convicted in Hastings District Court on a charge of dangerous driving causing injury after his high-powered V8 Commodore ploughed headfirst into oncoming motorist Peter Kerr in January last year.

Mr Kerr, 55, from Porangahau, sustained multiple fractures, including all four limbs, and spent eight months in hospital. He has also lost the use of his right hand.

Police extracted an ABS module from the Commodore, which they claim stores a vehicle's data at certain intervals before the car's airbags are deployed.

The module was shipped to San Diego for crash investigation expert William "Rusty" Haight to translate the data. He gave evidence via a live video link during the defended hearing.

His findings suggested the Commodore was travelling at 98km/h half a second before impact.

The evidence was rejected by defence counsel Catherine Clarkson, who also argued the data was taken illegally as Hohaia still owned the car at the time the module was removed by police. She also claimed the translation of the data was based on US-specific vehicles, which weren't consistent with her client's car.

Judge Anne Gaskell said she found no grounds that the evidence was anything but lawful, that the module was taken after police issued a warrant for it. She said she accepted Mr Haight's expertise.

In contrast, she said she rejected Hohaia's evidence. She convicted him, saying there was enough evidence to prove the charge even without the use of the module's data.

Outside court, a dejected Hohaia said he still held doubts about the module's accuracy. "Computers and hardware are always playing up ... so there's a bit of doubt there," he said.

He had "no idea" the module was in the car when he bought it two years ago. "It was a real mystery to me. I even called the sales reps and asked them what the go was."

He would apologise to the Kerr family, he said. "I've been wanting to say sorry - I've just been waiting for the right moment."

An emotional harm report was ordered before Hohaia's sentencing on July 7.