| B.__A law enforcement officer obtains the data based on | probable cause of an offense under the laws of this State; | or |
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| C.__A law enforcement officer, a firefighter or an emergency | medical services provider obtains the data in the course of | responding to or investigating an emergency involving | physical injury or the risk of physical injury to any | person. |
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| | 6.__Access to data by department. Notwithstanding subsections | 1 and 2, the department may obtain data from a motor vehicle data | recorder if the data is used solely for the following purposes: |
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| A.__Preclearing weigh stations; |
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| B.__Automating driver records of duty status as authorized | by the United States Department of Transportation; |
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| C.__Replacing handwritten reports for any fuel tax reporting | or other mileage reporting purpose; or |
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| D.__Complying with a state or federal law. |
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| | 7.__Use of data in criminal or civil matter.__Notwithstanding | any other provision of this section, data from a motor vehicle | data recorder may not be used as evidence in a civil or criminal | matter pending before a court of this State if the original | manufacturer's warranty of the motor vehicle has expired. |
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| | 8.__Exceptions.__This section does not apply to the use of | data from a motor vehicle data recorder: |
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| A.__To determine the need for or to facilitate emergency | medical care for the driver or passenger of a motor vehicle | that is involved in a motor vehicle accident or other | emergency, including obtaining data from a company that | provides subscription services to the owners of motor | vehicles for in-vehicle safety and security communications | systems; |
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| B.__To facilitate medical research of the effect of motor | vehicle crashes on the human body as long as: |
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| (1)__The identity of the owner or driver is not | disclosed in connection with the retrieved data; and |
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| (2)__The last 4 digits of the vehicle identification | number are not disclosed; or |
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