Indiana Code 9-21-8-53. Speed violations; complaint or affidavit; summons, warrant, or notice; contents; negligence
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Sec. 53. (a) In every charge of violation of a speed regulation under this article, the complaint or affidavit and the summons, warrant, or notice to appear must specify the following:
(2) The prima facie or fixed speed applicable within the district or at the location.
(1) The speed at which the defendant is alleged to have driven.
Terms Used In Indiana Code 9-21-8-53
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(b) The provisions of this article declaring or providing for fixed and prima facie speed limitations may not be construed to relieve the plaintiff in a civil action from the burden of proving negligence on the part of the defendant as the proximate cause of the damage alleged.
[Pre-1991 Recodification Citation: 9-4-1-62.]
As added by P.L.2-1991, SEC.9.