| Author | Message | ||
     Kdan |
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. I think this guy had the same lawyer as some of the 3%'ers I know. | ||
| Mtnchld |
Has to be the same lawyer for sure  Tell Bambi I said hi | ||
| Mountainrider |
I love the judge.  | ||
| Tramp |
I love the reporter who's found an odometer that shows speed. | ||
| Buelluk |
I would have thought that failing to stop for a trooper would have been counted as reckless...even if it wasn't endangering anybody. | ||
| Cataract2 |
Or at least fleeing. | ||
| Ryker77 |
I think that kids dad was a sherrif.. not sure They could only get him for fleeing if he ever saw the blue lights. at 130mph I doubt that he was taking the time to look behind him. | ||
| Tramp |
Whoa- not so fast, ryker. i don't mean to disagree too quickly, myself, but Ignorance of emergency vehicle lighting doesn't justify running. were that the case, then drunk drivers would have an excuse, as well. just like when an officer identifies himself and yells "stop". Should the suspect still walk, claiming (honestly or not) not to have heard the officer, it's NOT legal. It's like saying "I didn't see the sign" or "I didn't notice the light was red" (Message edited by tramp on December 08, 2005) | ||
| Tramp |
the judge was full of s**t anyway. "recklessness", by legal definition, can apply to one's own safety and attendant regard/disregard, as well as to the safety of others. the judge ruled according to his own relationship with the perp's family or the perp's pretrial off-campus dollar figure, in unmarked twenties. case closed. (SLAM) | ||
| Daves |
My fine in Wisconsin was almost that much for going 83 in a 65 | ||
| Loki |
really it all boils down to how the statute is written in that local. | ||
| Hattori_hanzo |
The judge has a 'Busa...geez guys, didn't cha know? | ||
| Rocketman |
Just like 37mph or 89mph, 128mph isn't reckless unless you're riding recklessly. Reckless riding can be done at any speed. Likewise there's thousands of bike riders who hit 128mph and more, frequently, and who are riding perfectly well. Lots of things can constitute reckless riding, as I believe that judge pointed out, but high speeds don't equate to reckless riding just because it's high speed. Rocket | ||
| U4euh |
It is called 'resisting arrest' in TX. Don't ask how I know. Young and stupid, about the same age actully! Oh and very expensive | ||
| Ryker77 |
128mph on a ??mph public road But at 128mph your reaction time will = huge number in feet. And just how quick can a bike stop at 128mph. 128mph is 87 feet per second or 43 feet per 1/2 second. But I agree that speed alone is reckless driving. Old silver hair doing 55mph in the fast lane on the freeway is just as reckless. IMO | ||
| Buellistic |
Ryker: "QUIOTE": BUT I AGREE THAT SPEED ALONE IS RECKLESS DRIVING. "OLD SILVER HAIR" DOING 55MPH IN TH FAST LANE IS JUST AS RECKLESS.IMO IMO that is old age profileing !!! In FLORIDA if a driver desides not to not keep up with traffic flow in the HAMMER LINE a ticket is given if caught(and there are a lot of plain cars & SUV's used now !!!) ... My last traffic stop, the YOUNG police officer was only able to tell me was to take the clear plastic covering off my license plate so he could see it better to run my plate number after "i" took my full face helmet off and he saw my "SILVER HAIR" ... NO TICKET OR WARNING !!! In BUELLing LaFayette | ||
| Oldog |
hahaha  I have grey hair ( whats left ) and at 48 most folks think that I am a bit older than I realy am. Pulling off my FCH is usualy good for a startle, especialy with a LEO .. Good one Lafayette..., from the porch, the Oldog... | ||
| Rocketman |
But at 128mph your reaction time will = huge number in feet. So ride / act accordingly, and choose the right moment(s). That I believe is where the judge saw it. It's called REALITY not 'reckless'. Rocket | ||
| Spike |
Apparently, I need to move to Nebraska city. I don't think I'll ever understand treating moving violations as a criminal offense. | ||
| Brucelee |
OK- Do 128 on any road. Kill someone, and claim it wasn't "reckless." C'mon, give me a break. | ||
| Brucelee |
"I don't think I'll ever understand treating moving violations as a criminal offense" Really? When the local rice rockent plummets into a group of school children, you don't think that is criminal? | ||
| Rocketman |
Bruce, you need to get real. 128mph is as regular as clockwork for the average sportsbike rider. Your comment about school children is more irresponsible towards the future of motorcycles and motorcycling than doing 128mph responsibly. Hail the nanny state of biking. It's upon us and thriving because of people who see us all as speed demons killing school children. Throw another log on the fire. Man sometimes your attitude surprises me. Well no actually it doesn't. In fact I find your comment rather typical. How the hell do you manage to sell Porsche's for a living? Last time I looked they were supposed to be a performance brand. Guess in reality they're an old farts car, performance being the last thing on the old farts mind. Rocket | ||
| Metalstorm |
The way I read it there were no other cars on the roadway. He had no passenger. The only person or creature that was possibly endangered was the rider himself. It also appears that he stayed in his lane the whole time. If I had the opportunity to go 128 mph without putting anyone or anything other than myself at risk & I'd most likely give it a go. | ||
| Brucelee |
"Bruce, you need to get real. 128mph is as regular as clockwork for the average sportsbike rider. Your comment about school children is more irresponsible towards the future of motorcycles and motorcycling than doing 128mph responsibly. " I guess you will have to explain that one to me Rocket. How is my opinion about riding at twice the speed limit going to impact the future or motorcycles negatively? Perhaps you should read the definition of "reckless" printed below: RECKLESS: foolhardy: marked by defiant disregard for danger or consequences; "foolhardy enough to try to seize the gun from the hijacker"; "became the fiercest and most reckless of partisans"-Macaulay; "a reckless driver"; "a rash attempt to climb Mount Everest "Hail the nanny state of biking. It's upon us and thriving because of people who see us all as speed demons killing school children. Throw another log on the fire. " Well, I would posit that if you are driving 128MPH on regular roads it would be you who is "throwing another log on the fire." "Man sometimes your attitude surprises me. Well no actually it doesn't. In fact I find your comment rather typical. How the hell do you manage to sell Porsche's for a living? Last time I looked they were supposed to be a performance brand. Guess in reality they're an old farts car, performance being the last thing on the old farts mind." Well, insult IS the highest form of dialog, huh? Actually, I sell plenty of Porsches. Most folks that I sell them to have the good sense to track the car if they are going to do 128 MPH on a regular basis. Those that don't likely lose their licenses and have to sell the car back to me at a huge loss. Ashamed isn't it? As far as YOU riding at these speeds, if you have read my posts on this subject in the past, this will seem familiar to you: Be free to kill yourself; Don't take anyone with you; Don't fail to die. I don't want to in any way pay for you lifetime of care in the nursing home. Buy lots of insurance for your dependents, I don't want to support them either. Have a nice day! | ||
| Brucelee |
Funny, I just read that Rocket is a "Saab Specialist." Game, set and match! | ||
| Phatkidwit1eye |
Since I know nothing about law. Let me ask this. Lets say I got in trouble for doing the exact same thing. Would I be able to bring up the ruling in this case as a defense? "Your Honor I would like to point out case number blah blah blah 128mph kid vs whomever" Not to say I'm always doing that, but I do live in Nebraska. One thing we have a lot of is really long straight roads. Many of which, don't see a lot of traffic So high speeds are not always uncommon. | ||
| Brucelee |
Some data to chew on: Motorcycle crashes in South Australia Each year in South Australia deaths of motorcycle riders make up around 16% of all driver and rider deaths. Crashes involving motorcycles have generally reduced in South Australia since the 1980s. Motorcyclists account for less than 1% of all vehicle travel in South Australia, and yet 10% of all fatal and serious casualties are motorcyclists or pillion passengers. What do we know about these crashes? Between 1999 - 2003 around 175 motorcycle riders were killed or seriously injured each year and of these: 90% were male 23% of deaths and 11% of serious injuries had a blood alcohol level of .05 or above 31% occurred on roads sign posted at 100 km/h or more 4% were not wearing a helmet 52% of serious casualties occurred in the metropolitan region of Adelaide 37% of serious casualties occurred on Saturday and Sunday 23% hit a fixed object. Risk-taking behaviours linked to crashes Motorcycle riders are much more likely to have been involved in risky behaviour at the time of the crash than other drivers. A national survey of fatal crashes in 1998 -1999 found: 27% were over the legal blood alcohol limit of 0.5 45% were speeding or driving too fast for conditions 21% were unlicensed or held the wrong licence. Age Although the older rider group aged 40 years and over had fewer serious casualties compared to the 26-39 age group, the number of serious casualties among older riders has increased significantly over the last 10 years. | ||
| Brucelee |
More data: Motorcycle News: State Police Focus On Increase In Motorcycle Fatalities Posted on Wednesday, September 29 @ 19:07:10 CDT by Motor_Vehicles CHICAGO -- In response to a recent spike in motorcycle fatalities in the Chicago area and nationwide, state police Wednesday urged bikers to consider the consequences of risky behavior. A news conference addressing the issue was held at Illinois State Police District Chicago headquarters, 9511 W. Harrison St. in Des Plaines, on Wednesday. With a rise in the popularity of sportbikes has come a tendency to drive motorcycles faster and more recklessly, Illinois State Police District Chicago Master Sergeant Brian Windle said. "Alcohol does not play a role in many of these crashes," he said. "It's mostly people going really fast on their motorcycles." Across the country, there has been a 73 percent increase in fatal motorcycle accidents since 1997, Windle said. Most riders killed are either over 40 or under 20 years old, and two-thirds of the fatalities involve speeding, he said. The speeds that precipitated most of the fatal crashes ranged between 85 mph and 120 mph, he added. Windle said education was the key to stemming the rise in motorcycle deaths, as many riders might not realize what happens when they are ejected from the bike in a crash. "You can't break Newton's laws," he said. He encouraged riders to reduce their speed, be aware of road hazards, and attend available classes on motorcycle safety. The Illinois State police planned to help by launching more forceful and pervasive advertising of educational programs, he said, but did not go into detail. The desire of many motorcyclists to go fast is "a product of our environment," said Dwight Lockwood, law enforcement liaison for the Illinois Department of Transportation. Movies and video games "promote the philosophy of speed and risk," he said. "What we're seeing is risk-taking behavior by inexperienced riders," Lockwood said. "For some this becomes a badge of honor." Alcohol impairment was a factor in 40 percent of fatalities for motorcycle riders aged 40 to 49 years old, and was less a factor for other age groups, Windle said. Less than 50 percent of fatally injured motorists were wearing helmets at the time they crashed, he said. Illinois is one of just a few states that does not require motorcycle riders to wear helmets, he added. Police were hoping to deter motorcyclists from speeding by reminding them that law enforcement officers are out to catch them, said state police District Chicago Lt. Joe Frascati. Police always try to pull over speeding motorcyclists, but will abandon the pursuit if it appears a chase will compromise public safety, he said. Still, if an officer gets close enough to the bike to read the license plate, an investigative unit will follow up on the plate number and try to locate the rider later to arrest and charge him for fleeing and eluding police, said District Chicago Lt. Dave Nanninga. "We don't just let people take off and be done," Nanninga said. Motorcyclists were also urged to consider how their reckless driving can endanger those driving around them and affect their loved ones. "The impact of accidents is devastating to families," said the Rev. Hal Stanger, Illinois State Police chaplain. | ||
| Brucelee |
Do the math on total braking distance at 128 MPH. http://www.begin-motorcycling.co.uk/elc2.htm | ||
| Sportyeric |
Nebraska. Think wheat fields. Miles and miles of of them. Roads perfectly flat, perfectly straight. And empty. Actually, I've never been, but I grew up in Alberta, which I think is the same. Drive for hours without a curve, a tree, or a car, on some roads. Couldn't see the point in owning a bike there.(No offense.) But regularly cruised at over 120 mph reading on the car out in the countryside and never caused any dangerous situation (doing that.) Different in crowded circumstances. I had a cop follow me on the bike a couple of years ago through the city (freeways and such) who clocked me at 90 in a 50mph, then 110 in a 55. Pulled me over to tell me to slow down but congratulated me on the fact that I was modulating my speed to reflect the amount of traffic I was passing through. That's common sense. On his part and mine. |
