Think speed isn't enough to prove reckless driving?

[MJ]

I saw this artical on BBC a day or two ago. http://news.bbc.co.uk/2/hi/americas/4510992.stm

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But Judge Steinheider acquitted him of reckless driving, fining Mr Carman only for having out of date documents.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

It would have been an awful scene if a motorcycle would have struck a deer

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.


I know that he sped away from police, but I'm almost enclined to say good luck to the guy. If only people caught speeding on empty motorways here could prove that they wern't driving recklessly.

[d3k4y0]

I'm worried that I'm so desensitized to this kind of "shocking" news (probably due to the length of time I've had the internet) that the only thing that strikes me as shocking is the judge's abysmal grasp of English!

"if you would've went into the wrong lane or anything"

that on a similar level to a 10 year old's "Were we went on R hollidayz" homework!

oh... and you spelt "weren't" wrong

</rant>

[redline]

Dave , have you ever thought of getting a job as an English teacher LOL

[jtbo]

I'm worried that I'm so desensitized to this kind of "shocking" news (probably due to the length of time I've had the internet) that the only thing that strikes me as shocking is the judge's abysmal grasp of English!

"if you would've went into the wrong lane or anything"

that on a similar level to a 10 year old's "Were we went on R hollidayz" homework!

oh... and you spelt "weren't" wrong

</rant>

But we must try to understand them, they just got their big island and still learning how to live and act properly

Well, here truckdriver got warning from police when he passed two cars in very quiet road and good conditions, these cars were driving 60-70kph and limit was 80kph.

There is certain type of ppl that thinks that if they drive 70kph then everyone else should and if someone overtakes it is wreckless driving. Usually this type can't control their car too well and neither they do concentrate to driving, their driving is more like being passenger on driver's seat. I like to call them most dangerous drivers on roads.
These ppl usually don't have smallest idea what do if car slides, they usually just slams brake in situation like that.
What worries me is that number of these ppl has increased very much, they make laws, country is very much working with their rules.

Some may connect this to modern ppl lack of capability to think (me, me, now, now) It is sometimes difficult to live within these 'fences' as some laws start to be 'thinking is not allowed' type

But in this case, even reasons behind decision were wrong, I really like from decision that speed is not only thing that causes driving to be wreckless. Many drive wrecklessly even they are not speeding and it seems to be perfectly allowed, but if you drive 100 instead of 80 you will get bigger fines than beating some guy, something is not just right here

[d3k4y0]

Dave , have you ever thought of getting a job

not so much!

[Black_360_GLT]

There was something in the news here about a policeman being clocked at 168mph in a squad car down the motorway, and when he went to court he said he was just testing the car's capabilities, as he was an advanced driver, and I think he got away with it. If anyone knows the case please post it.

Regards,

Al

[MJ]

I heard about taht at the time, but I havn't got more details. Hang on, I believe I posted about that at another forum at the time, hmm...