Biker cleared after 128mph chase
Biker cleared after 128mph chase
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catso

Original Poster:

16,491 posts

297 months

Thursday 8th December 2005
quotequote all
OK it's in the USA

http://news.bbc.co.uk/2/hi/americas/4510992.stm

Biker cleared after 128mph chase

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But Judge Steinheider acquitted him of reckless driving, fining Mr Carman only for having out of date documents.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

Deer danger

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.

goo-goo-gjoob

812 posts

285 months

Friday 9th December 2005
quotequote all
If he was clocked at 82, then sped away, you would think they would have got him for running from the cop?
Anyway, it's nice to see a judge declare that speed alone is not reckless.

supermono

7,464 posts

278 months

Friday 9th December 2005
quotequote all
Interesting and very welcome display of common sense. I can just see a bench of UK magistrates wailing and fainting to the floor when hearing of a speed crazed lunatic going at ONE HUNDRED AND TWENTY EIGHT!!!! mph.

The trouble in this country is the judiciary/hand wringing sandalists keep confusing 100mph with 200mph.

SM

Peter Ward

2,097 posts

286 months

Friday 9th December 2005
quotequote all
supermono said:
Interesting and very welcome display of common sense. I can just see a bench of UK magistrates wailing and fainting to the floor when hearing of a speed crazed lunatic going at ONE HUNDRED AND TWENTY EIGHT!!!! mph.

The trouble in this country is the judiciary/hand wringing sandalists keep confusing 100mph with 200mph.

SM

The guy with the McLaren F1 in Germany regularly did 228 between Cologne and Frankfurt. The trouble with this country is not the confusion between 100 and 200, it's the confusion between speed (in the right places/conditions) and safety.

anonymous-user

84 months

Friday 9th December 2005
quotequote all
supermono said:
Interesting and very welcome display of common sense.


it wasnt common sense. the judge said he wanted to convict him but the law said speed alone wasnt reckless. the judge showed the usual ignorance of speed vs safety, the difference is a uk magistrate wouldn't have let the law get in the way of a conviction.

TheLemming

4,319 posts

295 months

Friday 9th December 2005
quotequote all
Peter Ward said:
supermono said:
Interesting and very welcome display of common sense. I can just see a bench of UK magistrates wailing and fainting to the floor when hearing of a speed crazed lunatic going at ONE HUNDRED AND TWENTY EIGHT!!!! mph.

The trouble in this country is the judiciary/hand wringing sandalists keep confusing 100mph with 200mph.

SM

The guy with the McLaren F1 in Germany regularly did 228 between Cologne and Frankfurt. The trouble with this country is not the confusion between 100 and 200, it's the confusion between speed (in the right places/conditions) and safety.


Wasnt that the chap currently running Bugatti? Owns an F1 road car and a racing car.

He has said it was faster to commute in his F1 down the delimited Autobahn than fly!

james_j

3,996 posts

285 months

Friday 9th December 2005
quotequote all
catso said:
"As much as it pains me to do it, speed and speed alone is not sufficient to establish reckless driving," the judge said.


Intelligence, calm and rational thought. Not hysteria. Refreshing.

Peter Ward

2,097 posts

286 months

Sunday 11th December 2005
quotequote all
TheLemming said:
Peter Ward said:
supermono said:
Interesting and very welcome display of common sense. I can just see a bench of UK magistrates wailing and fainting to the floor when hearing of a speed crazed lunatic going at ONE HUNDRED AND TWENTY EIGHT!!!! mph.

The trouble in this country is the judiciary/hand wringing sandalists keep confusing 100mph with 200mph.

SM

The guy with the McLaren F1 in Germany regularly did 228 between Cologne and Frankfurt. The trouble with this country is not the confusion between 100 and 200, it's the confusion between speed (in the right places/conditions) and safety.


Wasnt that the chap currently running Bugatti? Owns an F1 road car and a racing car.

He has said it was faster to commute in his F1 down the delimited Autobahn than fly!

Yes, I think you're right. I like Germany for many reasons, but one is that there cars can do what they're designed to do -- go far and fast.

jazzyjeff

3,652 posts

289 months

Monday 12th December 2005
quotequote all
Peter Ward said:

Yes, I think you're right. I like Germany for many reasons, but one is that there cars can do what they're designed to do -- go far and fast.


Mainly because the roads are designed for the purpose and traffic is much lower per mile...?