Wow, Speeding at 128mph is not reckless...

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.
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Gotta chime in from the "blue side".
Given the lack of additional info., I'll assume it was a desolate two lane highway, no cross streets, no cages, no homes, no traffic. Even with all the above missing, it's still illegal. Maybe not reckless, but illegal.

-The guy stopped. Maybe as soon as he saw the PD behind him he backed off? That would have thrown out the testimony for speed based on the calibrated speedo as a significant pace was not established. If the Trooper had a RADAR reading on him, different story. I'm sure paper would have been issued.

-Age is irrelevant. Numbnuts age too.

-If the lights go on, and the subject decides to evade, then it's a pursuit. If the subject was fleeing from the commission of a crime, it's a pursuit. So in my opinion, yes, the Trooper decided to go 128 mph to catch the guy. It is discretion. Sometimes we use it, sometimes it goes out the window. It's called being human.
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- So even with the above mentioned, my personal opinion? Guy got lucky. Some judges may not have been so kind. As far as using it as a precedent?? With good luck and good lawyer maybe. Guess it wouldn't hurt to try.

-I will however question on the bikes throttle position...if it was W.O.T. at 128 mph, then it must have been a Kawi., or the guy couldn't find 2nd gear on his Busa
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It's up to "Judges" and other legal peoples to assist in keeping the laws adhered to and consistant. This does not help. Wreckless 20 year olds get a light tap and older guys get thrown in jail? Come on! America the Confused and Fence jumping.

I mention age merely as a socialogical factor for the precedent. Not a prejudice. More dangerously inexperienced influencable 20 years can now do this guilt and fear free. It's up to WISE OLDER people to help bring wisdom to the youth.... they don't get it from school, books, and sadly not from family sometimes either. This chucks resposible wisdom in the toilet.

Yes, overall, I agree, there is not enough detailed info on this incident for a proper evaluation, but I am making snap assumtions the same as anyone else might make hearing the limited info. I don't know the law about the exact terminology of "wreckless" but ask any Joe "is a 20 year old doing a 128mph on a cycle with a cop chasing him wreckless?" you know the answer.

I stand alone quite often and am comfrotable there.
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It's up to "Judges" and other legal peoples to assist in keeping the laws adhered to and consistant.  This does not help.   Wreckless 20 year olds  get a light tap and older guys get thrown in jail?  Come on!  America the Confused and Fence jumping.

I mention age merely as a socialogical factor for the precedent.  Not a prejudice.   More dangerously inexperienced influencable 20 years can now do this guilt and fear free.  It's up to WISE OLDER people to help bring wisdom to the youth.... they don't get it from school, books, and sadly not from family sometimes either.  This chucks resposible wisdom in the toilet.

Yes, overall, I agree, there is not enough detailed info on this incident for a proper evaluation, but I am making snap assumtions the same as anyone else might make hearing the limited info.  I don't know the law about the exact terminology of "wreckless" but ask any Joe "is a 20 year old doing a 128mph on a cycle with a cop chasing him wreckless?"  you know the answer.

I stand alone quite often and am comfrotable there.  
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You do not stand alone, I got your 6!!  
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I never said it was okay to cast the law aside, it's there for a reason.

It will interesting to see what happens to the F.A.M. who shot the subject on the plane...
We shall see what the American public has to say about that.
 
merriam webster:
1 : marked by lack of proper caution : careless of consequences
2 : IRRESPONSIBLE <reckless charges>

could not find wreckless
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i dont disagree that the kid was in the wrong in some areas. running from the cops, speeding, blah blah blah. but the wrecless part is what i refer to. i dont condone his running from the cops, but just because he rides over the suggested speed limit doesnt make it a wreckless act.



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I totally agree the guy got lucky... so lucky in fact I hope his anus went and got some lotto tix
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And the law is there for a reason, just nice to see that instead of throwing the book at the kid, the judge made an "enlightened" decision... obviously we do not nor will not know all the facts in the case... and well I'm sure if I tried the "well that kid in Nebraska and that judge..." the judge here in NC would be like "well sux for you that you are in NC
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I don't recall anything about him running. I was stopped in my hometown by a CHP on HWY 50. He said he was doing 100+ to catch up w/me. I wasn't running and I pulled Off the HWY when I saw the lights. LSS, he let me go w/ a warning if I promissed to walk the bike home as back then I had no lic. COPs rule!
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Speed to a certaint point, road conditions and type would play a big roll in whether or not it was reckless! I see squids around here at 30 and 40 mph that I consider VERY reckless. Just had one two days ago lose control doing a wheelie at over 100 mph, hit a pot hole, left the road, went into a ditch ran into a culvert (where the bike lodged) and was thrown 300 feet. Sad, he was only twenty-three. But he and his buddy had been warned alot about doing wheelies all over town and down that road. Some people just always know best  
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A couple of years ago, I got pulled over in the cage for doing 22 mph over posted speed limit. Trooper said speeding, but no reckless because the average speed of the traffic on that highway was 10 mph over the posted speed limit. Now that is what I call good professional judgement.
 
He never Wrecked during this incident, therefore he was without wreck, i.e. wreckless.
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P.S. I know the term is reckless, just thought that would be a fun argument.....:D
 
Speeding is speeding... nothing more, nothing less. Yes speeding too far above the legal limit is grounds for arrest in most states. Which seems to be the case here. However, here the judge saw the difference between speeding and reckless behavior (which I'm sure are both clearly defined in legal books everywhere).

I would argue going 45 in a 30 is far more reckless. Doing a wheelie or stoppie at ANYSPEED ANYWHERE is more reckless than 128mph on a desolate highway in a "straight" line. How many times have we watched video of catasrophe when someone was just going slow and messing around? That's reckless...
 
It's up to "Judges" and other legal peoples to assist in keeping the laws adhered to and consistant. This does not help. Wreckless 20 year olds get a light tap and older guys get thrown in jail? Come on! America the Confused and Fence jumping.

I mention age merely as a socialogical factor for the precedent. Not a prejudice. More dangerously inexperienced influencable 20 years can now do this guilt and fear free. It's up to WISE OLDER people to help bring wisdom to the youth.... they don't get it from school, books, and sadly not from family sometimes either. This chucks resposible wisdom in the toilet.

Yes, overall, I agree, there is not enough detailed info on this incident for a proper evaluation, but I am making snap assumtions the same as anyone else might make hearing the limited info. I don't know the law about the exact terminology of "wreckless" but ask any Joe "is a 20 year old doing a 128mph on a cycle with a cop chasing him wreckless?" you know the answer.

I stand alone quite often and am comfrotable there.
smile.gif
You do not stand alone, I got your 6!!
wink.gif

I never said it was okay to cast the law aside, it's there for a reason.

It will interesting to see what happens to the F.A.M. who shot the subject on the plane...
We shall see what the American public has to say about that.
okay PD... back to back... we'll form a CIRCLE!
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I live just north of Nebraska City and have been through there a time or two and it is a highway runnign through the middle of nowhere. I don't think under the circumstances and knowing the area that it was reckless driving. The trooper did not have to follow at such a high rate of speed and usually when they do it is a young rider and the result is a dead rider because of inexperience. Just my $0.02
 
I think it's all about conditions, whether or not traffic is heavy or light or non-existent, passengers, etc. You could ride 40MPH in a school zone and that would be considered reckless (when school is in session). But what about when there are no kids around (weekends, vacations, holidays)?

Hopefully this will not reach mass media proportions just like the Samuel Tilley case of last year. 208 MPH on a Honda RC51 (highly unlikely)...but a ticket and reckless driving conviction nonetheless.
 
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