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

Terms Used In Indiana Code 9-24-19-7

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) was operating a Class B 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 Class B motor driven cycle in violation of IC 9-21-11-12.

As added by P.L.32-2000, SEC.1. Amended by P.L.85-2013, SEC.68; P.L.221-2014, SEC.72.