Note: This version of section effective until 1-1-2022. See also following version of this section, effective 1-1-2022.

1. (1) had been issued a driver's license or permit that was valid; or

2. (2) was operating a Class B motor driven cycle;

   at the time of the alleged offense. However, it is not a defense under subdivision (2) if the defendant was operating the Class B motor driven cycle in violation of IC 9-21-11-12 .

Sec. 7. In a prosecution under this chapter, the burden is on the defendant to prove by a preponderance of the evidence that the defendant:

As added by P.L.32-2000, SEC.1. Amended by P.L.85-2013, SEC.68; P.L.221-2014, SEC.72.