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Ind. Code § 9-30-10-18

Defenses; extreme emergency; burden of proof

Applied in 4 court decisions — leading case Moore v. State (1998)

Most recently applied in Cain v. State (April 2006)

As added by P.L.2-1991, SEC.18

How often courts cite this section

19982000200610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 18. (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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.