Burden of proof of issuance of license or permit
Applied in 1 court decision — leading case Richard Bernard Sansbury v. State of Indiana (2017)
Most recently applied in Richard Bernard Sansbury v. State of Indiana (December 2017)
As added by P.L.32-2000, SEC.1
Sec. 7. In a prosecution under this chapter, the burden is on the defendant to prove by a preponderance of the evidence that the defendant:
(1) had been issued a driver's license or permit that was valid; or
(2) was operating a motor driven cycle;
at the time of the alleged offense. However, it is not a defense under subdivision (2) if the defendant was operating the motor driven cycle in violation of IC 9-21-11-12.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.