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 Class B motor driven cycle, unless the defendant was operating the Class B 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.]
As added by P.L.2-1991, SEC.18. Amended by P.L.28-2010, SEC.10; P.L.217-2014, SEC.145; P.L.221-2014, SEC.84; P.L.216-2014, SEC.156.
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