Sec. 4. If a defendant violates a condition imposed by the court under section 3 of this chapter, the court may order criminal proceedings to be resumed. If a defendant fulfills the conditions set by the court under section 3 of this chapter, the court shall dismiss the charges against the defendant. However, if:

(1) the defendant was previously charged under IC 9-30-5; and

Terms Used In Indiana Code 9-30-9-4

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) the previous charges were dismissed under this section;

the individual is not eligible to have subsequent charges under IC 9-30-5 dismissed under this chapter.

[Pre-1991 Recodification Citation: 9-11-5-4.]

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