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: (1) had been issued a driver's license or permit that was valid; or (2) was operating a 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 motor driven cycle in violation of IC 9-21-11-12 .
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