The Knucklehead of the Day award
Goes to Nebraska Judge John Steinheider who ruled last week that a motorcycle driver going 128 MPH was not commiting reckless driving? Driving 128 MPH and evading the police isn't reckless in this judge's book. I'd truthfully like to see how safe the judge would be feeling at that speed.
James Joyner at OTB thinks the judge is right and the totality of the circumstances should be weighed. I respectfully disagree with James, this doesn't compare to driving 15 MPH over the speed limit.
For being clueless to what is and isn't safe driving, Judge John Steinheider is today's knucklehead of the day.
Open Post- Basil's Blog, Bright & Early, Is it just me?, Right Wing Nation,
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."