128 MPH Not Always Reckless in Nebraska
Nebraska City- from JournalStar.com- Jakob Carman, 20, was tracked down by a state trooper after racing away on his 2005 Yamaha motorcycle at speeds of up to 128 mph. A second motorcyclist was never caught. Carmen was arraigned on charges of reckless driving, and in most places, testimony that indicated he was going anywhere near 128 mph on a freeway or elsewhere might have been enough.Otoe County Judge John Steinheider took a more sensitive and enlightened view of the situation.
“As much as it pains me to do it, speed and speed alone is not sufficient to establish reckless driving,” he told Carman. “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,” he said.
“In my street mind it’s reckless driving, but in my legal mind it is not,” the judge said.
Carman was fined $300 for not having an operator’s license or proof of insurance and for having expired in-transit tags on his motorcycle. The county is considering an appeal or the option of ticketing Carman for speeding.
JournalStar.com article...
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