Nebraska Judge Says 128 mph Not 'Reckless'

AP via TBO ^ | December 7, 2005

[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."

[JohnG45]

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?

Visibility is measured in miles only at altitude and at the seashore while looking at the ocean. Finding similar conditions on land is almost impossible. The slightest undulation in what one might consider to be flat terrain would destroy visibility measured in miles. One more point. Do you blink?

The speed and conditions were no where near pushing the limits.

Were you there? If you weren't, how could you make a judgment like that?

Wrong. I expect crashes on the course, because they are pushing the limit and are driving in a highly aggresive [sic} manner. Same with a police pursuit.

Same with police pursuit? So the Nebraskan state trooper must have been driving aggressively in pursuit and therefore his life (and others) may have been put at risk. You have just proved my point!

There's nothing special about a NASCAR driver.

Huh? I'll bet there are quite a few people on these boards who would disagree with you on that point! But then you go on to say that they practice intensively (driving at high speeds). Wouldn't that separate them skill wise from your average driver?

You go on to say, "Tens of millions drive just as well". Exactly how did you come up with that figure? Could you cite your source? I dare say that if tens of millions were as talented as NASCAR drivers then it wouldn't be such a large spectator sport, would it?

[Scoutmaster]

Dictionaries are fine, but virtually irrelevant to the law. You may want to cite Neb. Rev. St. § 60-6, 213, which is the definition of reckless driving in NE. It states, in its entirety, that "Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be guilty of reckless driving."

Given that statute, I'd agree that speed itself is not reckless driving, if you are driving in a place where:

(a) that speed is normal (e.g., an Autobahn or raceway);

(b) there is no reasonable expectation of property or a pedestrian (e.g., something known or reasonably presumed to be a closed course); or

(c) there is a stretch of road (e.g., I-10 in west Texas) in appropriate weather where you can see far enough ahead of you;

so that, in whichever of those three cases applies and at that speed (given the equipment, operator, and known road conditions), you have a reasonable likelihood of stopping in time or have a reasonable chance of missing a person or property through evasive driving. If you are on a public road where it would not be unreasonable for there to be a pedestrian or vehicle ahead of you, and the sight-lines are not long enough to permit you to stop should you come across one in your lane, then you are demonstrating "indifferent or wanton disregard for the safety of" yada, yada, yada.

The question is not speeding by itself, but whether that speed, on that road, indicated indifference or wanton disregard for safety of others or property. If the prosecutors didn't try to show that, or couldn't show that, then the driver shouldn't be charged with reckless driving. If the prosecutors could show that, under the conditions (weather, sightlines, time of day/expected traffic, etc.), there was wanton disregard to assume nobody would be ahead of you, then that's reckless driving. Then there's that whole standard of proof thing, and demanding a jury trial, and whether the glove fits, and if all else fails writing books to keep other youth from driving fast (as a way of securing your Nobel Prize nomination).

Of course, that's an obnoxious answer, but then again, I'm a lawyer. I can't help it, dear God, I can't help it. Oh, and one more thing. That'll be $500, please. Of course, that's just a guess. A d*mn good guess will cost you $1,000, and a guess after real legal research will be $5,000, and a guess where you can actually quote me will be $10,000. Just pay the nice lady as you close this browser window.

[Uriah_lost]

If you are going to start with the "if" you must conclude that ALL driving on ALL roads is "reckless". This is why we have laws, not suggestions. The court has to stick to what the law actually says, not what it can be stretched to fit.

[Fresh Wind]

As is normal, the article is lacking in facts, but it only states that the cop chased the motorcyclist at 128 mph, and nowhere does it say anything about the speed at which the motorcyclist was going. It wants you to think that he was also going 128, but he may have been doing much less than that. The cop probably never clocked him. By the time the cop caught up with him, he was probably going the speed limit. When a cop thinks you are speeding, but doesn't know how fast you were actually going, they generally revert to a catch-all offense like "reckless driving". It may, in fact, have been the cop who was driving recklessly.

[jla]

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.

That's a very pretentious statement.

I concede nothing. So no, I don't agree.

Whether you agree or not, I can say, in all humility, that my idea of liberty is a much closer fit to that of our Founders' than your notion that a nanny state must be present to insure what you may deem as 'excesses' are well regulated and constrained.

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.

It is debated ad infinitum and for good reason - to keep the populace aware of what our Founders' actual intent was, especially before that nasty virus called politics crept in and infected just about everyone in the late 18/early 19 c. and thereafter.
And for the record, I am not a libertarian, (if you are thinking I am). I happen to disagree with most of what those folks advocate in the way of social policy.

[R. Scott]

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?

When it is a straight road – and Nebraska has a lot of arrow straight roads. When there is no other traffic – and Nebraska has a lot of seldom used roads. When the weather is clear and the pavement is dry. When the rider is apparently in control of the bike.
But I will agree he was stupid – for trying to elude the police.

[Petronski]

I'd love to sit in court and hear it argued.

[SShultz460]

I got nailed for 98mph in a 45 and I was nailed for reckless.

Sucked..I demand a recount!

[avg_freeper]

"County Judge John Steinheider ruled last week that Jacob H. Car(t)man, 20, was not guilty of reckless driving"

Respect Mah Author-i-tah!

[absolootezer0]

mechanics regarding weight and body style does have a little to do with it. my first bike was a cb350, i couldn't do 75 on it and feel safe (too light), nor do i feel safe on a chopper (long nose makes me nervous). but 100+ on a gsxr (good aerodynamics) or a harley (plenty of weight) never bothered me.

[Husker24]

It's NE, it's flat prairie. Daytime. Do you suppose deer pop up out of thin air?

We do have trees here, amongst other things deer can jump out from behind.

[gogeo]

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.

Huh??? Do you have a source for that?

[MosesKnows]

other than the high rate of speed

The belief held by many is that the "high rate of speed" is the factor that constitutes reckless driving. Please count me among them.

[MosesKnows]

how can I send this judge a campaign donation?

I have no difficulty believing this particular judge accepts donations, or whatever the local term is for the money a judge accepts.

[BraveMan]

This should be of interest to the Hooligans . . .

[Fresh Wind]

...whatever the local term is for the money a judge accepts...

Bribe?

[spunkets]

"If the prosecutors didn't try to show that, or couldn't show"

They were unable to provide any fact sufficient to raise the rider's action to reckless. The prosecutor simply made an emotional appeal that 128MPH was, on it's face, reckless. The judge disagreed and followed State v. Howard, 571 N.W.2d 308 (Neb. 1997).

[spunkets]

"a cb350, i couldn't do 75 "

I couldn't pass a truck going 55 on the expressway on that thing. I'd get stuck in the wind and have to fall back. LOL! I then built a motor that let shoot right up and cruise at 95 fully loaded all day. Just seeing the speed told me he was on a bike well able to handle the speed. The fact he stopped when directed told me he was in control.

[wardaddy]

I meant campaign donations.

I don't know about Old Dominion but in Mississippi county judges have to run for office.

Merry Christmas Moses!

[spunkets]

" Visibility is measured in miles only at altitude and at the seashore while looking at the ocean. Finding similar conditions on land is almost impossible."

No. Visibility is measured in miles and depends on environmental conditions. You are mistaking that for the perimeter of the control window. The control window is the dimensions of the surrounding space within which the rider can maintain absolute control. It is an accute cone. Consider it an accute triangle directed forward from some point behind the rider directed at his refrence point. The bisector is a line from the rider to the reference point.

"Do you blink?

Blinking has no effect on the dimension of the control window.

" Were you there? If you weren't, how could you make a judgment like that?"

Experience and the fact that the prosecution failed to provide any evidense for it.

"So the Nebraskan state trooper must have been driving aggressively in pursuit and therefore his life (and others) may have been put at risk. You have just proved my point!"

No, as the trooper admits. Agressive driving requires others to be within the control window for one reason, or another.

"But then you go on to say that they practice intensively (driving at high speeds). Wouldn't that separate them skill wise from your average driver?"

Most folks practice driving and maintain that control window. They're following the fundamental law that underlies all the rest- You must maintain control of your vehicle at all times. All those folks match the skill of the NASCAR driver on the street. The skill is maintaining control.

"Exactly how did you come up with that figure? "

Millions of miles ridden and driven. I can also look at an insurance bill and note note what rough percentage of the population that amount covers in replacement, repair and med expense.

"I dare say that if tens of millions were as talented as NASCAR drivers then it wouldn't be such a large spectator sport, would it?"

No. As I said, the talent refers to street driving. The skill of the NASCAR driver in maintaining control is a motivator. They are models to follow in that regard.