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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.
Notice that was the top speed of the police cruiser. I'm guessing actual speeds were more around 150 or so.
 

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he was spotted by a trooper who then chased him at the top speed of his cruiser's odometer — 128 mph.
shouldnt that be speedometer?
 

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notice "top speed of his cruiser's odometer" ...


beat me to it
 

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Hah, my reckless ticket was dropped as well. I saw the police report for the stop, and the cop said I was still pulling away fast when his cruiser was maxed out. :D
 

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I'm printing this one out! Then taking it to court with me next time I get busted!
 

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Vash said:
Notice that was the top speed of the police cruiser. I'm guessing actual speeds were more around 150 or so.
No one was killed or hurt. Nice to see biker get cut some slack.
 

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article doesn't say anything about the motorcycle guy being convicted yet. But I bet the guy on the bike was stupid. If your on a bike, it should be easier to evade cops then a car, even if the other car was a 911. And still he managed to get caught and the car didnt. If the bike and car were drag racing, why can't they do it on the track? There has to be a lot more drag tracks in Florida then in NC.
 

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there's not an over-abundance of drag tracks in florida, and some...well, i know guys in cars that refuse to race on those. in fact, id be willing to say that theres fewer tracks down here than most other places (no idea about NC), but there are an over-abundance of straight roads...
 

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I'll ignore, for a moment, the wisdom of following his path.

In many states, the laws are defined such that X over the speed limit is legally considered reckless; its simply a level above speeding. Unless the judge decides the law is wrong (which I have NEVER heard of happening in a traffic court), reckless would stand. This article fails to indicate if the judge has effectively over-ruled the law or simply worked within FL's definition.

For instance, going even 5mph over the speed limit in IN or IL in a school zone is considered wreckless driving. Yeah, nobody gets ticketed for that excess, but much more begins getting gray. So, YMMV.
 

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On my third ticket in '03 there was no traffic behind me when I was approaching some lovely dowhill twisties, knowing I had to keep the pace down as several cages in front of me but out of sight. Usually I come down these twisties at 120 or 130kph--75 to 80mph actually slow, but with only one eye my depth of preception has been slowing me down from what I use to ride.

The RCMP m/c constable claimed the miracle figure each RCMP had said in the prior tickets of me doing 117kph--68mph & my answer was "Just going at the flow of the traffic" so he looks around & says "What traffic?" yet I still got the speeding ticket so no flex there.

Said m/c RCMP Constable was going the opposit direction when he hit all lights & such to make the U-Turn & catch up to me. Knew it was a sure ticket as this cop knows me & is always trying to give me trouble. Even if I had turned up the wick & disappeared I would have received the ticket in the mail. I thought at the slow pace I was riding like around 90kph--60mph I might not get a ticket, but I was on an 80kph--50mph hwy!!!!!
 
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