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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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