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Judges reverse speeding infraction due to lack of proof

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A driver pulled over in Clark County for speeding was able to convince the Indiana Court of Appeals Wednesday that the infraction should be reversed because the state couldn’t prove its case.

Brian Byrd was pulled over for speeding by Clark County Deputy Sheriff Donovan Harrod, issuing a citation alleging Byrd violated I.C. 9-21-5-2 by driving 54 mph on a road having a prima facie speed of 30 mph. At trial, Harrod testified that the speed limits on Brown Station Way where Byrd was driving varied from 30 mph to 45 mph and back to 40 mph.

Byrd’s defense produced a photograph purportedly taken near the boat marina where Byrd was pulled over that showed a 45 mph speed sign. Harrod conceded that he “may have made a mistake” as to where [the speed limit] “turns into 45.” He also suggested that the photograph “could be wrong” and clarified that he had “said approximately that area” in his preceding testimony.

The prosecutor then described the state’s allegation as Byrd having traveled nine miles over the speed limit by going 54 mph. Byrd countered that he had his cruise control set to 45 mph upon entering Brown Station Way.

The trial court found him guilty of “Speeding 50/45” and ordered him to pay $154.

According to Indiana Code section 9-21-8-53(a), Byrd was entitled to specific allegations of his speed and location and the applicable prima facie or fixed speed applicable within the district or at the location. He was entitled to have those elements established by a preponderance of the evidence,” Judge L. Mark Bailey wrote in Brian Byrd v. State of Indiana, 10A01-1309-IF-383. “The State provided the requisite specificity, but alleged only that Byrd violated Indiana Code section 9-21-5-2 by driving 54 miles per hour in a 30 miles per hour zone. The evidence adduced did not establish the violation alleged. And the State’s concession to, but without proof of, an alternative fixed speed limit results in a failure of proof.”

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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