Daviess County - Indiana Criminal Code 2022

TRAFFIC CODE

61

section are not subject to the sentencing restrictions set forth in IC 35-50-1-2(c) through IC 35-50-1 2(d) 9-26-1-1.2. Moving vehicle out of traffic, penalty. (a) If, after an operator of a motor vehicle is involved in an accident, the operator's motor vehi cle comes to a stop in the traveled portion of a highway, the operator shall, as soon as safely pos sible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the opera tor shall not move the motor vehicle if the acci dent: (1) involves the transportation of haz ardous materials; or (2) results in injury or death of a person or the entrapment of a person in a vehicle. A person who violates this subsection commits a Class C infraction. (b) An operator of a motor vehicle to whom subsection (a) applies, is also subject to section 1.1(a)(2), 1.1(a)(3), and 1.1(a)(4) of this chapter. An operator who knowingly or intentionally fails to comply with section 1.1(a)(2), 1.1(a)(3), or 1.1(a)(4) of this chapter commits leaving the scene of an accident, a Class B misdemeanor, and is subject to the penalties in section 1.1(b) of this chapter. 9-26-1-1.5. Injured or entrapped person in vehicle. (a) If: (1) the operator of a motor vehicle is phys ically incapable of determining the need for or rendering assistance to any injured or entrapped person as required under section 1.1(a)(3) of this chapter; (2) there is another occupant in the motor vehicle at the time of the accident who is: (A) at least:

to injured or entrapped persons as pro vided in section 1.1(a)(3) of this chap ter; and (3) the other occupant in the motor vehicle knows that the operator of the motor vehicle is physically incapable of determining the need for or render ing assistance to any injured or entrapped person;

the motor vehicle occupant referred to in subdi visions (2) and (3) shall immediately determine the need for and render reasonable assistance to each person injured or entrapped in the accident as provided in section 1.1(a)(3) of this chapter. (b) If there is more than one (1) motor vehi cle occupant to whom subsection (a) applies, it is a defense to a prosecution of one (1) motor vehi cle occupant under subsection (a) that the defen dant reasonably believed that another occupant of the motor vehicle determined the need for and ren dered reasonable assistance as required under subsection (a). (c) A person who knowingly or intentionally violates this section commits a Class C misde meanor. Chapter 8. Arrest For Leaving The Scene 9-26-8-1. Nonexclusive procedure for arrest and prosecution. 9-26-8-2. Warrantless arrest. 9-26-8-1. Nonexclusive procedure for arrest and prosecution. The procedure prescribed in this chapter is not the exclusive method for the arrest and pros ecution of a person for a similar offense. 9-26-8-2. Warrantless arrest. A law enforcement officer may, without a warrant, arrest a person for a violation of IC 9-26 1-1.1 if the law enforcement officer has probable cause to believe that the violation was committed by the person. ARTICLE 30. GENERAL PENALTY PROVISIONS [PORTIONS OMITTED] Ch. 2. Arrests Ch. 3. Court Procedures

(i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 or a driver's license issued under IC 9-24-11; or (ii) eighteen (18) years of age; and (B) capable of determining the need for and rendering reasonable assistance