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Nebraska Judge Says 128 mph Not 'Reckless'

Discussion in 'Fred's House of Pancakes' started by tag, Dec 8, 2005.

  1. tag

    tag Senior Member

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    Here's the statute:

    60-6,213
    Reckless driving, defined. Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be guilty of reckless driving.


    Heeeeeeeeeeeeere's the ruling:

    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."



    LINK: http://news.yahoo.com/s/ap/20051207/ap_on_...eckless__charge
     
  2. Danny

    Danny Admin/Founder
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    Let me guess... you defended him? :)
     
  3. jwe8f

    jwe8f New Member

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    Hey, in his defense,

    1) If you're going East/West, Nebraska is a big state. :lol:

    2) Obviously, the trooper didn't know how fast he was going, so how'd he know he was speeding? :lol:

    3) How does an odometer measure speed? Must need to add a stop watch! :lol:

    4) How can you drive that fast and never encounter another car? :huh:

    5) Damn, he did that on a motorcycle! :blink:
     
  4. DocVijay

    DocVijay Active Member

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    It's Nebraska.
     
  5. Mystery Squid

    Mystery Squid Junior Member

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    THAT, is a smart Judge...

    Speed alone does not kill... Idiots behind the wheel do...
     
  6. brandon

    brandon Member

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    So you're saying we need a law against idiots? I agree. :)
     
  7. tomdeimos

    tomdeimos New Member

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    So you have to actually kill somebody to be a reckless driver?
     
  8. 2Hybrids

    2Hybrids New Member

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    yep, you have to kill somebody before it's reckless.

    What ifs:

    another car on the road....

    debris on the road...

    animal on the road...

    this is a sad ruling. So now, say, the idiot goes out and does it again but then this time kills a family on their way to Grandma's house for Christmas....would the judge then also be responsible?

    This sets a bad precedent. The law was made for a reason and he just gave people the "right" to break the law.
     
  9. 2Hybrids

    2Hybrids New Member

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    that is so absurd. The idiots control the speed..., therefore, the speed, under or not under control of the idiot, will kill. but who is to say if he/she can or can not?

    The only way to know if a person cannot control the speed is when he/she dies or kills someone.

    The law is there for a reason, and should not be diluted on a whim....why have them then?
     
  10. Mystery Squid

    Mystery Squid Junior Member

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    Absolutely not... You just have to have the potential to injure them in some way...

    Keep in mind the cops only charged him with "reckless", they neglected (and it was a reasonable assumption in my opinion) to cite him for "speeding"...

    Kid must have a slow bike though... not too bright, if you're going to do that sort of thing, make sure your bike can, at the very least, go above 150mph... :lol:
     
  11. Mystery Squid

    Mystery Squid Junior Member

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    Yes, contrary to the popular belief society has thrust upon you to give you the illusion of safety, it is possible to speed responsibly. Who's to say? Well, nothing good will come out of that argument....

    This is just like blaming guns for killing people.
     
  12. LaughingMan

    LaughingMan Active Member

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    I think if you kill someone, it's vehicular manslaughter.
     
  13. 2Hybrids

    2Hybrids New Member

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    It's not a belief - it's the law. These laws were set in place by our peers and those who come before them. These laws were based on facts, like accident statistics, traffic studies, road conditions, road composition, etc......not beliefs.

    And yes, he had the potential to hurt or kill someone...himself. And also yes, that too is a law.

    speed responsibly?...are you joking? You may feel YOU can control your speed, but throw one of those "what ifs" in the equation and YOU would not have a chance to react....even if is just a brick that fell off a truck 20 minutes ago....or if you have a blow-out at that speed.

    If you don't value your own life, what kind of value do you place on those around you?

    Yes, something good can come of this arguement - you may possibly grow up and realize that other people can be effected by this type of action...and that decision will save your life one day, or those of other people who share the road.
     
  14. Mystery Squid

    Mystery Squid Junior Member

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    Yes, and if you step outside your house one day you might also get hit my a meteor...

    Better yet, you getting in front of someone, thereby causing them to slow down, triggered a chain of events that allowed someone else to run a stop sign, thereby killing someone else...

    Maybe you're the one that needs to grow up and think outside of the predetermined box you've been placed into.
     
  15. 2Hybrids

    2Hybrids New Member

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    OBTW - Careless, reckless, stupid people with guns kill people......careless, reckless, stupid people with speed kill people....
     
  16. 2Hybrids

    2Hybrids New Member

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    I can't believe I'm actually reading this kind of thing - you are downright immature.

    Why don't you stop down to your local law enforcement agency or fire station and ask to ride around and also look at file photos of those folks who "thought outside the predetermined box". I've lost a family member to one of those who "thought outside of that box".

    You seem oblivious to those around you and I'm sure you drive with that same attitude.
     
  17. Mystery Squid

    Mystery Squid Junior Member

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    I can't disagree... That's sort of my point... :D
     
  18. olends

    olends New Member

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    But truthfully i can kill someone in a car doing 30 mph, am I being reckless?

    what defines any speed as reckless, and anyother speed as not reckless?
     
  19. Mystery Squid

    Mystery Squid Junior Member

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    Hey, on the topic of maturity, I'm not the one that started with the "you need to grow up line"... ;)

    I know people too that have been killed by idiots who thought they could do this or that. Like you said, who's to Judge. Speed limits are nothing more that partly for safety, and partly for revenue generation. Obviously, you can't have every Tom, Dick, and Harry, thinking they can drive responsibly at 100...

    Let's face it, if speed limits were set up solely for safety reasons, all vehicles would be governed.

    Oh, one more thing I wanted to add in, I drive thinking about everyone ELSE far more than myself.
     
  20. tripp

    tripp Which it's a 'ybrid, ain't it?

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    That's true and you might be. If you're driving somewhere where the conditions are such that you cannot reasonably control your vehicle at 30 mph then yeah, you're being reckless. At 130 mph there's no way to react safely to situations that you don't anticipate well in advance even on the race track, which is a highly controlled environment.

    While this is certainly true it doesn't apply here. The pilot of the bike was willfully putting himself in a situation where he could not reasonably ensure his own safety or the safety of others. In this case the guy got away with it. Remember the guy in Sweden who cut the VW in half? He didn't.

    This guy needlessly put both himself and others at risk. That's reckless in my book.

    BTW, if this were a situation where he was the only one at risk then I don't care. If he want's to kill himself or a group of willing participant's that cool by me. The gov't should be in the business of saving people from themselves, just protecting them from other people.