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Nebraska Judge Says 128 mph Not 'Reckless'

(Click here to view the original thread on the MassCops Message Board)

Posted by: KC

http://www.boston.com/news/nation/ar..._not_reckless/

Quote:
NEBRASKA CITY, Neb. - 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."

Carman didn't get off entirely. He was fined $300 for expired tags and other violations.



Posted by: RPD931

The Judge made a valid point. Although at that rate of speed there would be significant distance involved, so it must have been very late at night (early AM) for the operator to not have had passed a single car, crossed over the line, wide turns, etc..

Lucky SOB.


Posted by: MSP75

How about endangering the Trooper? How about, it is too late if someone is in harms way? How about, it is just plain F-ing reckless?


Posted by: futureMSP

You would think the Trooper having to "chase" him would elevate it to reckless. Most normal people stop for the police and not try and actively elude them. But there is not enough information in the article to say he did or didn't attempt to elude the Trooper.

Hopefully he smartens up. We had a kid on a bike in my area and he was always driving crazy. Like wheelies on the highway and stuff, passing cars on corners, etc. He died in a fatal accident, final verdict was 115+MPH when he hit a car. A lot of tickets couldn't deter him.




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