Evidence that habitual traffic offender’s “Zuma” was travelling at 43 miles per hour sufficed to prove that it had a “maximum design speed” of more than 25 miles per hour and that accordingly it was not a “motorized bicycle” which defendant could operate while suspended.
Cline v. State, No. 06A05-1111-MI-611, __ N.E.2d __ (Ind. Ct. App., July 26, 2012).
Trial court, which determined that Indiana ex post facto law prevents state from requiring petitioner to register as a sex offender, did not have authority to order the petitioner’s name to be removed from the Sex Offender Registry.
Clark v. Clark, No. 01S02-1112-CT-690, ___ N.E.2d ___ (Ind., July 23, 2012).
The Indiana Guest Statute does not preclude a passenger from bringing a negligence action against a driver “as to injuries inflicted when such a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park.”
Mertz v. Mertz, No. 64A03-1108-DR-360, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2012).
A trial court best determines whether under Ind. Code 31-16-12-11 the sufficiency of a plan offered by an obligor to pay arrearage is sufficient to reinstate driving privileges.
Doolin v. State, No. 32A01-1111-CR-545, __ N.E.2d __ (Ind. Ct. App., July 16, 2012).
Admission of in-court field test for marijuana was error under Ev. Rule 702, as the field-tester did not testify as to the “specific name or otherwise identify the test, indicate its reliability or rate of accuracy or error, note the scientific principles on which it is based, or recognize any standards regarding its use and operation.”