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 ...
If you are right about the Nebraska statute, then I agree with you. The statute is odd and dumb, but the law is the law. Nobody has bothered to post the text of the statute. But that is really beside the point. This thread for me is more about more substantive issues, rather than whether the judge was off the rails or not, in one case, in one state.
Guess Nebraska doesn't have the same law on the books that Washington State does:
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.
how can I send this judge a campaign donation?
Being an expert in bike mechanics is irrelevant. Being an expert rider counts. Control at 125 on his bike is not a big problem. It's not a problem on my scoot. What matters here is that the rider maintained control of his vehicle at all times(probably on a 4 lane), the route was clear of traffic and pedestrians, and he stopped when directed. Wreckless driving in this State and some others I have seen, requires diliberate endangerment of others, sometimes property. THere was nothing out there for him to hit, except grass.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.*
* unless Torie objects, in which case this document shalt be scuttled.
Torie...It's not my intention to be sarcastic, just trying to make my point. I'm not attacking you, just your opinion(s) on this matter.
I was eliptically referring to a book, which became a cult, and made "Phaedras" famous. LOL. I will take your word for it, that a skilled biker going that fast is just ducky. But I won't fashion a law around it. The law cannot be only for the skilled. It needs to be sensible. Cheers.
I got the 2006 Vette a few months back. Took it to the track, and it gets to 160mph+ REAL fast. Didn't push it higher than that, as I'm not used to those kinds of speeds, and the car is fairly new.
Neat thing was it was only turning 4500 rpms or so at 160, and was such a smooth ride I felt like I was going much slower. I've driven Vettes from the 70's and they can beat the crap out of you. This new machine is a whole different beast.
I don't take anything you say personally at all. Have at me. Even when folks post nasty stuff as an attempted personal attack, my policy is to defuse with something pleasant back, or to not respond. It works almost always. That is why I am still here. Cheers.
Skoal!
Do they let 20 year olds with expired tags drive on the autoban? Or fly aircraft? Did this kid even have a motorcycle endorsement on his license? Insurance? If he didn't have money for tags you can bet he didn't have money for protective gear and his tires were bald as well. Mopped up the results too many times.
Darwin awards come cheap these days.
My point is that the Judge followed the letter of the law. If the article gave a case number, I could read the testimony and see if the Driver was wearing the proper protective gear, such as Leather driving suite, Leather boots, helmet and gloves. Key evidence whether he was acting "Recklessly" at those speeds. The article states that the judge said there was no other cars on the highway. To me that says a lot about whether he was "Reckless Driving"
Liberty to have meaning requires more than total self empowerment to do whatever, even to oneself. So I don't even concede that word, before subjecting it to competing considerations. I concede nothing. So no, I don't agree. But this debate has been going on this the species began, and will continue until the species departs. And that is good. The matter needs to be debated always, and on each and every issue.
If the judge followed the statute, then I salute the judge. I hope I have made that clear by now.
This law covers Rodney King type action. ie. 100+MPH through traffic. The speed statutes cover this kind of action. Most States have a graduaing severity scale. I'm sure NE does. Had there been a speeding ticket issued, he probably would have lost his license for a year, or so and left himself open to loosing it on lesser charges later. 25-30 over is all it usually takes.
I agree with the judge on this one. Speed alone does not define recklessness.
On the freeway, I tend to be an obnoxiously safe driver. I do not push the limits, and I really do try to keep my speed within the limit.
I happen to drive a V8 4.6L Mustang GT.
The times that I've chosen to completely ignore the applicable speed limit, have been times when I've not just broken it a little bit, but have instead chosen to blow it thoroughly out the window.
My best experience so far was out on US 101 in the Great State of Washington, where I could finally find a place to put the pedal down and find out what a mustang feels like at 135+...
It's wonderful, in case you had any question... :-)
But the operative question here is whether that thing might alone be considered "reckless"... I'd argue that it was not.
Cheers,
knews hound
Latest Article "Cutting them off at the knees"
What if a Deer had jumped in front of him while he was going 128 mph. Man that would be a mess. How would you sort out whose guts where whos?
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