Sec. 4. (a) This section does not apply to a person arrested for a misdemeanor under IC 9-30-5 (operating a vehicle while intoxicated).

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Terms Used In Indiana Code 9-30-2-4

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) If a person is arrested for a misdemeanor under this title, the arrested person shall be immediately taken before a court within the county in which the offense charged is alleged to have been committed and that has jurisdiction of the offense and is nearest or most accessible to the place where the arrest is made in any of the following cases:

(1) When the person demands an immediate appearance before a court.

(2) When the person is charged with an offense causing or contributing to an accident resulting in injury to or death of a person.

(3) When the person is charged with failure to stop for an accident causing death, personal injuries, or damage to property.

(4) When the person refuses to give the person’s written promise to appear in court.

(5) When the person is charged with driving while the person’s license is suspended or revoked.

[Pre-1991 Recodification Citation: 9-4-1-130.1.]

As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.1.

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