128mph not reckless

**tracyprier** · 9th December 2005, 06:43

This just in.... well on BBC online anyway.

"A US motorcyclist who zoomed through Nebraska at over 128mph (205kph) has been cleared of reckless driving.

Judge John Steinheider reluctantly ruled that speed alone was not enough to prove reckless driving under Nebraska law.

Biker Jacob Carman accelerated away from a traffic policeman after he was clocked at 82mph (131km/h).

But Judge Steinheider acquitted him of reckless driving, fining Mr Carman only for having out of date documents.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.

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 (£171) for driving without insurance and other infringements."

So... we're all moving to Nebraska then??

**James Deuce** · 9th December 2005, 06:46

I've packed everything I own into 3 tea chests (had to break some stuff).

Can someone give me a lift to the airport?

**tracyprier** · 9th December 2005, 06:59

Yeah, leave the bikes here and pick up a turbo 'busa in Nevada

**texmo** · 9th December 2005, 07:02

This sounds like my kind of place.

**Lou Girardin** · 9th December 2005, 07:15

It's not necessarily reckless here either. A charge of reckless requires mens rea, you must know an act is dangerous and intend to do it.

**madboy** · 9th December 2005, 08:08

Had it been in NZ the Police evidence would have been that he popped a mono while riding into oncoming traffic (that was "light" at the time of the pursuit being called to comms, but "heavy" by the time the summary of facts was written) and then the biker would have been seen to swerve across four-lanes of traffic to speed past the stationery school bus letting children out in the middle of the mway (on a Sunday afternoon)...

**R1** · 9th December 2005, 08:26

Originally Posted by madboy

Had it been in NZ the Police evidence would have been that he popped a mono while riding into oncoming traffic (that was "light" at the time of the pursuit being called to comms, but "heavy" by the time the summary of facts was written) and then the biker would have been seen to swerve across four-lanes of traffic to speed past the stationery school bus letting children out in the middle of the mway (on a Sunday afternoon)...

you forgot to mention you were on P at the time and that your hemet was on backwards, and you were rolling a joint at the time, while balancing your beer on the tank...

**bugjuice** · 9th December 2005, 08:31

would have been different if they had just cut to the facts and convicted him of speeding. I guess next time Speedy is caught, he has to push for charges of wreckless driving (even tho we're riding) and get off it!