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Tracked on December 8, 2005 8:32 PM

my car's odometer says that I'm going 60587 kph, and it keeps getting faster...even when I'm stopped..

Don't try that in Iowa.

Seems like the Nebraska MSM can't tell a speedometer from an odometer.

Seems like judges everywhere are totally stupid. Just listen to their rulings. If a non-judge used the faulty logic of a judge, they'd end up in the rubber room in a straitjacket.

I think judges and MSM employees are hired without regards as to whether their brains are actually operational.

I wonder about the intellect, too, about Canadian voters, particularly those in Ontario. (No offense to those who actually vote Conservative, but as for those who dare vote Liberal yet again, well, they can kiss my ass).

note to self, always drive through nebraska on road trips!

128mph!!! my car can't even remotely go that fast!

nice to see the judge came to the right conclusion though.

Canadian Sentinel, he's likely basing it the text of the statute. for an sda reader, you sure have a weird approach to the law!

Must have been Sammy Hagar.

Guys, I hate to burst your bubble here, but believe it or not, a motorcycle can very easily shoot 128 mph.

Just ask Kate.

Well, not ALL motorcycles.

Well if someone gose 128 mph and kill someone in a acedent then the judge should be held liable for that death and sent to prison with the wreckless driver

If a motorcyclist goes 128 mph and kills someone in an accident, chances are he or she won't be around to enjoy prison.

If this judge thinks 128 mph on a roadway with other traffic is not necessarily dangerous, he is so screwed up he doesn't know he's in the wrong country. Obviously he thinks and talks like a Canadian judge.

Hey, "Hey", I would assert that the judges are the ones with the weird approach to the law: they often ignore the law and base their rulings upon political correctness or their own personal idealogy. Hell, Chief Justice of the SCOC McLachlin has indicated she actually has a "duty" to ignore the law and the Charter! No shit.

Open your eyes.

cs:

i don't like the judges in canada much at all, but I just don't understand why you're being a buzzkill about this specific case. I can't get from the case to a rant about judges making bad decisions. Not denying that they do it on very many occassions, I just can't see the linkage.

As for the "bikes can do that easy" comment... no kidding. I'm rather well aware that a sport bike can do 128mph rather heasy. Heck my friends brag about the fastest speed they've ever done a wheelie and its been rather insane, though I don't think 128mph was hit. My comment was more: hey, that's cool, even if I can't take full advantage of the law in my slow ass SUV. I guess I'll have to fully explain my comments for the kids on the short bus next time.

BCer: the judge specifically mentioned that since there was no traffic but for the bike and the cops chasing him, and taht the rider was alone, it didn't fit reckless driving, as I imagine the statute discusses threats to others rather than to one's self. He wasn't a threat to the cops, since they were behind him and didn't "have" to chase him. It all falls to stautory construction.

The problem with judges is not that they are overly strict in applying statutory construction, but rather that they specifically ignore or override the plain intent of a law to fit with unwritten and emerging notions of basic human rights.

Only 128mph.

I've 175ish for 10-15 minutes at a time. Was I being reckless? That's totally dependent upon your definition.

If everything in life is a matter of luck, then risk management is a meaningless exercise.

Invoking luck as the savior or failure of a situation obscures truth, because by definition, luck separates an event from its root cause.

The terms “hazard” and “risk” are often used as synonyms, but they are not interchangeable.

“Hazard” takes into account the physical attributes of a situation and the potential for exposure to danger.

“Risk” is the identified and accepted hazard compounded by consequences; ie, the "What's going to happen to me?" part of the equation.

Managing risk a balancing act between a desired outcome and the probability of achieving it.

Knowing your goal is the key issue because it will become the yardstick by which you measure how much you are willing to put at risk.

Obviously accomplishing something that's never been done before necessitates accepting a greater possibility of death or serious injury than repeating something that's been done and perfected by thousands of other people.

For some, taking and getting away with the risks becomes a basic essential purpose and a reason for being. There is no more surefire way to feel alive than to gamble with and cheat death.

First off, there are very few "civilian" bikers that are skilled enough to handle a cycle at 128 MPH on closed, controlled environments such as tracks. That speed on the open roads is simply insane. For the record, I have over 150,000 miles logged on motorcycles; and these are year-round miles - New England weather be damned.

Secondly, and perhaps more importantly, the rider was clearly evading arrest and was as much as giving the finger to the pursuing officer. One would hope that the judge could recognize this and see that said rider displayed no respect for the law.

Here in Connecticut, arresting officers have a tendency to stack up as many charges as possible when making an bust. I'm convinced this is done to make certain that at least something will stick should the matter be brought before a "soft" judge.

I'd be interested in seeing how the same judge would have reacted to a defendant pulling a no-show for a court appearance. I highly suspect a failure to appear warrant would be immediately issued. "It's a trivial matter to evade being arrested by a lowly police officer, but it's a high crime to evade prosecution in MY court room."

Can you say "double standard?"

Just an opinion.

-Jeff

"Hey", you're right. I didn't intend to be a buzzkill. I guess I just saw an opportunity to chuck some muck at the judiciary a bit, as I did a likewise post on my blog just prior to making my comment.

And come to think of it, the judge's reasoning, on second thought, does make sense. Guess I forgot to think about it at all and assumed that all judges everywhere are complete fartheads, which sometimes seems to be the case both north and south of the border. Could be too many judges were appointed in the Nineties by Clinton and Chretien for the purpose of imposing dogmatic leftist doctrine on North America without the need to face the political music for being so extreme themselves, particularly Chretien and now Martin.

And Jeff above makes an excellent point.

Perhaps the rider's disregard for the law made him deserving of punishment. In lieu of any statute providing for sanctions for disobeying police officers' demands, the charge for reckless driving could be used. My reasoning: although at the time of the specific offence there was no one else around, the thing is this: still, if let go for the disobedience of the speed limit and of the officer's order to stop, then the rider would feel free to do it again and again. And the fact is that the road ahead isn't always clear, so eventually he'll place others at risk. Therefore he must be charged with reckless driving automatically for the sake of the integrity of the law and the judiciary. And, most importantly, for the protection of those for whom it was the law's original intent to protect.

Not that I wish to commence an engagement in a lengthy dialogue regarding the legal points and whatnot, particularly since I'm not a lawyer.

128mph isn't fast, outta try driving on the Deerfoot 500 here in Calgary during the afternoon.

I rode a RICE ROCKET for 6 years, and I went over 100 mph practically EVERY DAY...they feel quite a home, at 80-100mph....I got HIGH last night, too...and GUESS WHAT?, Mr.RCMP... Nobody died....