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Nebraska Speeder @ 128MPH exonorated !

To: Sssaddlaw@aol.com
Subject: Nebraska Speeder @ 128MPH exonorated !
From: Sssaddlaw@aol.com
Date: Wed, 14 Dec 2005 11:13:40 EST
FROM THE BBC NEWS !



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only for having out of date documents.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.
 It would have been an awful scene if a motorcycle would have struck a deer

Tim Salmon
Nebraska state trooper
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




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