Indiana § 9-30-10-18 Defenses; extreme emergency; burden of proof

Indiana Statutes

§ 9-30-10-18 — Defenses; extreme emergency; burden of proof

Indiana·Title 9 MOTOR VEHICLES·Art. 30 GENERAL PENALTY PROVISIONS·Ch. 10 Habitual Violator of Traffic Laws

(a)In a criminal action brought under section 16 or 17 of this chapter, it is a defense that the operation of a motor vehicle was necessary to save life or limb in an extreme emergency. The defendant must bear the burden of proof by a preponderance of the evidence to establish this defense.

(b)In an action brought under section 16 or 17 of this chapter, it is a defense that the defendant was operating a motor driven cycle, unless the defendant was operating the motor driven cycle in violation of IC 9-21-11-12. The defendant must bear the burden of proof by a preponderance of the evidence to establish this defense. [Pre-1991 Recodification Citation: 9-12-3-3.]

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(a) In a criminal action brought under
section 16 or 17 of this chapter, it is a defense that the operation of a
motor vehicle was necessary to save life or limb in an extreme
emergency. The defendant must bear the burden of proof by a
preponderance of the evidence to establish this defense.
(b) In an action brought under section 16 or 17 of this chapter, it is
a defense that the defendant was operating a motor driven cycle, unless
the defendant was operating the motor driven cycle in violation of IC 9-21-11-12. The defendant must bear the burden of proof by a
preponderance of the evidence to establish this defense.
[Pre-1991 Recodification Citation: 9-12-3-3.]

Indiana § 9-30-10-18 (Defenses; extreme emergency; burden of proof) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.28-2010, SEC.10; P.L.217-2014, SEC.145; P.L.221-2014, SEC.84; P.L.216-2014, SEC.156; P.L.111-2021, SEC.89.