speeding not reckless? - K-Bikes.com - Excellence in Motion
 
LinkBack Thread Tools Display Modes
post #1 of 7 (permalink) Old Dec 8th, 2005, 10:56 am Thread Starter
Addict
 
jimmm's Avatar
 
Join Date: Apr 2004
Location: Payson, AZ, USA
Posts: 796
jimmm is offline  
Sponsored Links
Advertisement
 
post #2 of 7 (permalink) Old Dec 8th, 2005, 10:57 am Thread Starter
Addict
 
jimmm's Avatar
 
Join Date: Apr 2004
Location: Payson, AZ, USA
Posts: 796
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.
ADVERTISEMENT

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.
jimmm is offline  
post #3 of 7 (permalink) Old Dec 8th, 2005, 1:15 pm
Rider Journeyman
 
BillyOmaha's Avatar
 
Join Date: Jun 2005
Location: Granite Bay, CA, USA
Posts: 502
Agree with the Judge......

My comments are inserted and blue.


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. Anyone one of us that knowingly exceeds the posted speed logically must agree with the stated premise by this Judge. The arguments will rage, but they will not address the premise, they will be personal and relative judgements of speed, i.e., "when I go 10 mph over the speed limit, it's not reckless or unsafe, but when others go 20 mph over the limit they are reckless, or unsafe."

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. It seems as though the officer did not assert that the m/c rider knew he was being pursued, contrary to the opening editorial paragraph. Clearly if he had been trying to "flee" from the officer he not only would have been charged with such and, most likely, convicted.

"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. Could not agree with that statement more. "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." I don't agree with that particular point. If it's not reckless for the rider, and the passenger is willingly enjoined in the action, then it would not necessarily be reckless. Applying the same logic about 10 mph over the speed limit and add passengers, it does not directly follow that it would be reckless. If the passenger was underage, then it might, probably would, be "child endangerment" because the child cannot consent, and the substantial speed would tremendously increase the risks of injury.

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." That was a goof, or ego, on the part the part of the prosecutor. He could have done both, but chose to not give the Court an option for conviction of speeding by not including the lesser offense in the charges.

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





.

Bill "Omaha"

"Life may have begun at 44, but it didn't get thrilling until I shot past 100"

'06 K1200R "Wolfgang" White Aluminum Metallic, FB 6/7/05
'04 K1200LT "Dieter" Titan Silver, FB 4/23/04
RCB, AMA, BMWMOA, Booze Brother "in training"
BillyOmaha is offline  
Sponsored Links
Advertisement
 
post #4 of 7 (permalink) Old Dec 8th, 2005, 1:55 pm Thread Starter
Addict
 
jimmm's Avatar
 
Join Date: Apr 2004
Location: Payson, AZ, USA
Posts: 796
Bill, i have to say I agree with you. I was surprised that the judge looked at it this way. I assumed that at that speed reckless driving was a given.Never accured to me logic would enter into it
jimmm is offline  
post #5 of 7 (permalink) Old Dec 8th, 2005, 1:58 pm
Looking for better limits...
 
Razel's Avatar
 
Join Date: Jun 2003
Location: Fremont, CA, USA
Posts: 5,163
Have to agree. If you are on a track and going 150 MPH, it's not reckless. Granted, the road is a far different environment that the track, but no traffic, no other contributing factors (driveways, etc), it's a wild stretch. DA was probably going for a precident that would have been used everywhere if it had been upheld, and the DA would have had his 15 minutes of fame...



100% free webcam site! | Awesome chicks and it is absolutely free! | Watch free live sex cam - easy as 1-2-3

Ray
2010 K1300GT Royal Blue
2003 K1200GT Orient Blue (for sale)
2007 G650 X-Challenge

IBA #34158

Be a K-Bikes Supporter

I work for Keyser Sze
Razel is offline  
post #6 of 7 (permalink) Old Dec 8th, 2005, 11:47 pm
 
Join Date: Feb 2004
Posts: 176
Reckless depends on the state. Here in VA, speed 20 MPH over the limit or speed over 80 MPH is automatic reckless ticket.

Don't ask how I know this.
george_in_KG is offline  
post #7 of 7 (permalink) Old Dec 9th, 2005, 2:13 pm
 
Join Date: Oct 2003
Posts: 49
Here in Cal it is similar, 20 over state max is reckless, and anything over 25 in a school zone is reckless!

Basically in the law they provide the definition of reckless, it is not an arbotrary decision by the cop or DA.
Rayo is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the K-Bikes.com - Excellence in Motion forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Similar Threads
Thread Thread Starter Forum Replies Last Post
How to...Fight a speeding ticket and win! Bear Campfire 5 Dec 7th, 2005 5:29 pm
Speeding with Valentine 1 cascjung K1200RS/GT (Classic) 24 Nov 18th, 2005 12:39 pm

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome