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.
Judge John Steinheider reluctantly ruled that speed alone was not enough to prove reckless driving under Nebraska law. Biker Jacob Carman, 20, accelerated away from a traffic policeman after he was clocked at 82mph who then chased him at the top speed of his cruiser's odometer - 128 mph. But Judge Steinheider acquitted him of reckless driving, fining Mr. Carman only for having out of date documents. "As much as it pains me to do it, speed and speed alone is not sufficient to establish reckless driving," the judge said. State prosecutors admitted that they could have won a conviction for speeding, but had opted to pursue a charge of reckless driving.
Highway patrolman Tim Salmon told the court in Nebraska City that he gave chase after seeing two motorcycles speeding east of Highway 43.
While one biker turned away towards the nearby town of Palmyra, and was never intercepted, Mr. Salmon pursued Jacob Carman, who accelerated away from him. Mr. Carman was eventually stopped and had his keys confiscated while Mr. Salmon headed off to try and catch the second biker. "It would have been an awful scene if a motorcycle would have struck a deer," he told the court. NO CHIT!!!!
Acquitting Mr. Carman, Judge Steinheider said: "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. "In my street mind it's reckless driving, in my legal mind it's not." Jacob Carman was fined $300 for driving without insurance and other violations.
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."
NO MAKE OR MODEL GIVEN, BUT SURE SOUNDS LIKE RICE ROCKETS HUH ?
Author
Topic: Nebraska judge says 128 mph not 'reckless' (Read 3454 times)