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 ...
Please explain to me how the rider knew that.
He kept his eyes open.
Err...actually a speedometer measures your speed over the ground, while an odometer measures the distance the vehicle has travelled since new. For example, a speedometer might show 65mph on the highway and 0mph in the garage, while an odometer might show 35,000 miles wherever it's viewed.
THe odometer counts miles driven. The speedometer measures vehicle speed.
You say that after the fact. There is no way of knowing this before the fact!
No, odometer is your vehicles permanent trip meter. It records total miles on your vehicle.
The article doesn`t state the year , make , and model of the motorcycle, or its condition. I think if we knew what
the guy was riding it would be easier to judge if this person was out of his mind or perfectly capable of riding at these speeds. I think the motorcycle he was riding could tell us alot about this guy.
I know if he was on a 1973 Honda CB750 with bald tires and loose spokes on its rims, I wouldn`t have a problem with the judge finding him guilty of driving in a reckless manner. But, if he was on a 1995 Kawasaki GPZ 1100 in very good mechanical condition, then I would have a big problem with the judge finding him guilty.
Just my take on it.
Wrong.
"" And what about endangering the life of the police officer who was chasing him?"
The sheriff's dept obviously gave him a fast car and certified his ability to drive it. You probably can't comprehend it, but I'm sure the cop doesn't mind driving fast.
The MA trooper convoy flying through VA at 100+MPH, that were stopped by the VA sheriff, whined that VA failed to give them professional courtesy. They were going to LA as volunteers. They should have all got speeding tickets. The point is, that they knew they were not endangering their lives.
Exactly right. When I was young, I once found a back road and paced it off to make sure there were no entrances. It was quiet and there were no other vehicles around. Then I took my Supra up to about 120mph. I may have been dumb, but was not risking anyone but myself. It was a thrill.
What puzzles me is -
"he was spotted by a trooper who then chased him"
Any statement as to why, exactly, he chased him? Is harassing bikers his job, or was he giving him a speeding ticket?
It is easy to say I am wrong. Please explain to me HOW I am wrong?
The point is, that they knew they were not endangering their lives.
Here in the east where I live accidents involving police officers in high speed chases is not that uncommon, many times involving fatalities. The police officers in your example were endangering the lives of other motorists. Can't you see that?
Also, using your logic, there shouldn't be any accidents during a NASCAR race. And who is more competent to drive at high speeds than a NASCAR driver? Your argument is vacuous!
Ever?!?! If nobody is ever "on it", why was the road built?
The point is you just don't know.
He was speeding. That should have been the ticket. If he had not been able to fully control the vehicle at 128+mph in those conditions it would be reckless. (But probably not wreckless, heh.. I slay me.)
Only 128 MPH?
I have had several cars that worked best at 90-130.
Some new bikes and cars get close to 200 MPH pretty easily.
Prior to the federal blackmail of 1973-74, speed limits in many states were set to reflect road condition, weather, traffic.
In Nevada we used to be able to drive as fast as was safe, and speed alone was not an issue.
I am hearted to see this judges decision.
The man is still a suicidal idiot.
The lexicon gives no clue:
Main Entry: odom·e·ter
Pronunciation: O-'dä-m&-t&r
Function: noun
Etymology: French odomètre, from Greek hodometron, from hodos way, road + metron measure -- more at MEASURE
: an instrument for measuring the distance traveled (as by a vehicle)
Seconded!
Call for the question.
Motion passed.
Are you blind? The speed of light is 186000 MPS. Visibility in clear daylight is measured in miles. You think there's some speed a few miles over the speed limit when things just disappear?
"Here in the east where I live accidents involving police officers in high speed chases is not that uncommon, many times involving fatalities."
They're pushing the limit of what they can handle, because they've made a judgement. The judgement is that the risk the feloneous perp places by escaping is greater than the risks involved in the pursuit.
"The police officers in your example were endangering the lives of other motorists. Can't you see that?"
They were not. The speed and conditions were no where near pushing the limits.
" Also, using your logic, there shouldn't be any accidents during a NASCAR race."
Wrong. I expect crashes on the course, because they are pushing the limit and are driving in a highly aggresive manner. Same with a police pursuit.
"And who is more competent to drive at high speeds than a NASCAR driver?"
There's nothing special about a NASCAR driver. Tens of millions drive just as well. What those millions don't do is practice intensely to drive aggressively on the same course in cars tuned to behave only on one particular course and day. In fact, they're not interested in aggresive driving at all.
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