Section 9-30-10-18 - Defenses; extreme emergency; burden of proof(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.
Amended by P.L. 111-2021,SEC. 89, eff. 1/1/2022.Amended by P.L. 221-2014, SEC. 84, eff. 1/1/2015.Amended by P.L. 217-2014, SEC. 145, eff. 1/1/2015.Amended by P.L. 216-2014, SEC. 156, eff. 1/1/2015.As added by P.L. 2-1991, SEC.18. Amended by P.L. 28-2010, SEC.10.