Daviess County - Indiana Criminal Code 2022

56

TRAFFIC CODE

to verify the identity of the person. (d) Notwithstanding the July 1, 2021, effective date in HEA 1506-2019, SECTION 53 (P.L.178 2019), this section takes effect July 1, 2020 (rather than July 1, 2021). 9-24-13-4. Duplicate license or permit when address or name change. If: (1) an individual holding a driver’s license or permit issued under this article changes the address shown on the driver’s license or permit application; or (2) the name of a licensee or permittee is changed by marriage or otherwise; the licensee or permittee shall make application for an amended driver’s license or permit under IC 9 24-9 containing the correct information within thirty (30) days of the change. For fee purposes, the application shall be treated as a replacement license under IC 9-24-14-1. 9-24-13-5. Penalty. A person who violates this chapter commits a Class C infraction. 9-24-13-6. Burden of proof as to license. (a) Subject to subsection (b), in a proceeding to enforce section 3 of this chapter, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a driver’s license or permit that was valid at the time of the alleged violation. (b) An individual may not be convicted of violating section 3 of this chapter if the individ ual, within five (5) days from the time of appre hension, produces to the apprehending officer or headquarters of the apprehending officer satis factory evidence of a permit or driver’s license issued to the individual that was valid at the time of the individual’s apprehension. Chapter 18. General Penalty Provisions [ Portions Omitted ]. 9-24-18-1. Operating motor vehicle - never received license; burden of proof. 9-24-18-2. Unauthorized possession, display, use, or sale of license or permit; fraudulent pro curement of license or permit.

9-24-13-3. 9-24-13-4.

Duty to carry license or permit.

Duplicate license or permit when address or name change.

9-24-13-5. 9-24-13-6.

Penalty.

Burden of proof as to license. 9-24-13-3. Duty to carry license or permit. (a) An individual holding a permit or driver’s license issued under this article must have the permit or driver’s license in the individual’s imme diate possession when driving or operating a motor vehicle. The individual shall display the dri ver’s license or permit upon demand of a court or a police officer authorized by law to enforce motor vehicle rules. (b) If the permit or driver's license is a mobile credential viewed on a telecommunications device, a court or a police officer authorized by law to enforce motor vehicle rules may not, without the consent of the person: (1) confiscate a telecommunications device for the purpose of determining com pliance with this section; (2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or (3) extract or otherwise download infor mation from a telecommunications device for a violation of this section unless:

(A) the court or police officer has prob able cause to believe the telecommu nications device has been used in the commission of a crime; (B) the information is extracted or oth erwise downloaded under a valid search warrant; or (C) otherwise authorized by law.

(c) The display of a mobile credential shall not serve as consent or authorization for the court, a police officer, or any other person to search, view, or access any data or application on the telecom munications device other than the mobile cre dential. If a person presents the person's telecommunications device to the court, a police officer, or any other person for the purposes of dis playing the person's mobile credential, the court, police officer, or person viewing the mobile cre dential shall not handle the telecommunications device in order to view the mobile credential and