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Nebraska Judge Says 128 mph Not 'Reckless'
AP via TBO ^ | December 7, 2005

Posted on 12/07/2005 8:25:34 PM PST by ncountylee

NEBRASKA CITY, Neb. (AP) -- Speeding is not necessarily reckless, even at 128 mph, a judge ruled in the case of a motorcyclist who tried to flee from state troopers.

With some reluctance, County Judge John Steinheider ruled last week that Jacob H. Carman, 20, was not guilty of reckless driving on Sept. 5, when he was spotted by a trooper who then chased him at the top speed of his cruiser's odometer - 128 mph.

"As much as it pains me to do it, speed and speed alone is not sufficient to establish reckless driving," the judge told Carman on Friday. "If you had had a passenger, there would be no question of conviction. If there had been other cars on the roadway, if you would've went into the wrong lane or anything, I would have convicted you."

Otoe County prosecutor David Partsch acknowledged that Carman could have been charged with speeding but, "We felt that the manner in which he was operating the motorcycle was reckless."

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Culture/Society; Government; US: Nebraska
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1 posted on 12/07/2005 8:25:34 PM PST by ncountylee
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To: ncountylee
Carman could have been charged with speeding

But then they decided, naaaaah

2 posted on 12/07/2005 8:28:45 PM PST by ClearCase_guy
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To: ncountylee

Excuse me? What am I missing here? Since when is 128 MPH ANYWHERE, whether there are other vehicles around or not (and if other vehicles appeared, the guy was going too fast to react properly) not reckless, if not downright stupid?


3 posted on 12/07/2005 8:29:34 PM PST by PalestrinaGal0317 (We should invade their countries, kill their leaders, and convert them to Christianity-Ann Coulter)
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To: ncountylee

Without any evidence presented other than the high rate of speed, the judge was right. It's nice to see a judge who'll put a strict interpretation of the law above his own personal desire to punish.

I know I'll get flamed for saying so. Just keep in mind that anything you post starting with "what if" is probably other evidence that would, in fact, have made it reckless.


4 posted on 12/07/2005 8:29:38 PM PST by Turbopilot (Nothing in the above post is or should be construed as legal research, analysis, or advice.)
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To: ncountylee
"...if you would've went into the wrong lane or anything, I would have convicted you."

Judge, the grammar police are here to arrest you!

5 posted on 12/07/2005 8:30:01 PM PST by LibFreeOrDie (L'chaim!)
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To: ClearCase_guy

I love a good judge.
Lets hope no law maker screws with this type of justice.


6 posted on 12/07/2005 8:30:36 PM PST by earplug (In god you trust. I like my silver and gold.)
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To: Turbopilot
Without any evidence presented other than the high rate of speed, the judge was right. It's nice to see a judge who'll put a strict interpretation of the law above his own personal desire to punish.

I agree. But I think that opinion will wind up being in the minority on this thread. Hope I'm wrong.

7 posted on 12/07/2005 8:31:54 PM PST by Bloody Sam Roberts (This is my tagline. There are many like it but this one is mine.)
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To: PalestrinaGal0317

What a piker, I used to hit it from Moorpark to Santa Barbara in my 40 coupe at 150 in 1957 and I sure didn't consisder it reckless.


8 posted on 12/07/2005 8:33:00 PM PST by dalereed
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To: LibFreeOrDie

He'll have a court TV program soon.


9 posted on 12/07/2005 8:33:43 PM PST by bigsigh
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To: ncountylee

The guy should have been charged with speeding. Reckless implies endangerment, which the prosecuter failed to prove.


10 posted on 12/07/2005 8:37:14 PM PST by Always Right
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To: bigsigh

He's no Harriet Miers!


11 posted on 12/07/2005 8:37:53 PM PST by IRememberElian
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To: PalestrinaGal0317
Um, on the Autobahn? No speed limit.

Interestingly, if you are in the left lane on the Autobahn, and you get rear-ended - you are at fault. You are charged with "obstructing traffic."

12 posted on 12/07/2005 8:41:59 PM PST by patton ("Hard Drive Cemetary" - forthcoming best seller)
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To: PalestrinaGal0317
Reckless Driving is a charge that requires the State to prove beyond a shadow of doubt that the driver of the motorcycle did not care for his life and all others on the highway. I believe the judge was correct. Reckless driving is a high hurdle to prove, I know first hand....

A few years back I owned a drove a Drag Boat and raced professionally. I took the Drag Boat to a local river to test some changes I made and the Dept. of Natural Resources Police showed up with a radar gun and a decibel meter, they radar-ed me at 136 MPH and way over the legal noise limits, I was given several tickets, one of which was reckless operation of vessel. I challenged the charges and represented myself in Court. I explained to the Judge that I was a licensed Drag Boat driver by a nationally recognized and sanctioned Drag Boat Racing association and my main argument that was I was not on the river on a suicide mission, nor was I traveling at these speeds near any other boats on the river. The judge agreed and tossed out all of the charges and told the DNR Cop to know the law before issuing citations, and the judge went into great detail about what constitutes "Reckless Driving"

13 posted on 12/07/2005 8:45:21 PM PST by MJY1288 (THE DEMOCRATS OFFER NOTHING FOR THE FUTURE AND THEY LIE ABOUT THE PAST)
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To: ncountylee
128 mph...motorcyclist...

The dude wants to die. 206 km/hr. Well, I agree that the judge made the correct decision. But the driver definitely did not.

14 posted on 12/07/2005 8:48:27 PM PST by M203M4
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To: ncountylee

The judge doesn't understand that endangering just one's own life, and no other, can nevertheless be reckless. If the guy had just hit one small pebble on the road, he would be dead. His license to ride a motorcycle should be permanently revoked.


15 posted on 12/07/2005 8:50:44 PM PST by Torie
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To: Torie

Agree. And one never knows who or what is on the road. It the judge's kid was killed, he'd throw the book at that driver, and so would we all.


16 posted on 12/07/2005 8:56:18 PM PST by BagelFace (BOOGABOOGABOOGABOOGA!!!!)
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To: ClearCase_guy
In 1976 I rear ended a Buick 225 that was stopped at a light. The cop charged me with "following too close". I went to court, asked the driver of the Buick "how fast were you moving when I hit you?" he said " I wasn't moving I was stopped at a red light". The statute said "vehicles had to be in motion" the judge reluctantly had to find me not guilty. It pays to do your homework.
17 posted on 12/07/2005 8:57:55 PM PST by JABBERBONK
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To: ncountylee
chased him at the top speed of his cruiser's odometer - 128 mph.

Odometer?

18 posted on 12/07/2005 9:01:13 PM PST by Loud Mime (Bad Lawmakers = Bad Law = Infinite Lawyers)
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To: Torie
The judge doesn't understand that endangering just one's own life, and no other, can nevertheless be reckless. If the guy had just hit one small pebble on the road, he would be dead. His license to ride a motorcycle should be permanently revoked.

With all due respect, Torie, the same could be said for a helmet-less rider who might ride up and into a pothole, or hit debris on the road. Nevertheless, it is that person's life, and no one should be able to tell him/her how to live it.
If I chose to build a wooden ladder rather than buy a mandated aluminum or plastic one should I be prevented from painting my house?

19 posted on 12/07/2005 9:01:26 PM PST by jla
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To: ncountylee

If I ever get another Corvette, I want that judge.


20 posted on 12/07/2005 9:02:12 PM PST by Richard Kimball (Tenure is the enemy of excellence.)
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