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  • Writer's pictureBrandon Hicks

Indiana's Throwing Burning Material Law 35-45-3-3

In the vast realm of criminal defense law, there are myriad statutes and regulations that may seem obscure at first glance. One such law that might not be on everyone's radar is Indiana Code 35-45-3-3, which addresses the act of throwing burning material from a moving motor vehicle. This seemingly innocuous act is, in fact, a Class A infraction, carrying legal consequences that should not be taken lightly. At B. Hicks Law, we believe in ensuring that every individual understands their rights and has access to the defense they deserve.

Understanding the Law: According to IC 35-45-3-3, a person who throws from a moving motor vehicle any lighted cigarette, cigar, or match, or any other burning material, commits a Class A infraction. This law, added by P.L.35-2002, SEC.1, underscores the importance of responsible behavior while on the road and aims to prevent potential dangers associated with the reckless disposal of burning materials.

Class A Infraction Consequences: While a Class A infraction may not be as severe as other criminal offenses, it is crucial to recognize that it still carries legal consequences. Individuals charged under this statute may face fines and penalties that can impact their financial stability. Furthermore, an infraction of this nature could result in points on one's driving record, potentially leading to increased insurance premiums.

Defense Strategies: If you find yourself facing charges under IC 35-45-3-3, it's essential to seek legal representation to explore potential defense strategies. At B. Hicks Law, our experienced criminal defense attorneys are well-versed in Indiana's legal landscape and can craft a robust defense tailored to the specific circumstances of your case. Possible defenses may include:

  1. Lack of Intent: Proving that the act was unintentional and not a willful violation of the statute.

  2. Inaccurate Identification: Challenging the accuracy of witness statements or evidence related to the alleged offense.

  3. Constitutional Violations: Examining whether law enforcement followed proper procedures and respected your constitutional rights during the investigation.

At B. Hicks Law, we understand the importance of a thorough and personalized defense strategy. Whether you're facing a seemingly minor infraction or a more serious charge, our team is dedicated to protecting your rights and achieving the best possible outcome for your case. If you or someone you know is grappling with charges under IC 35-45-3-3, don't hesitate to reach out to us. Your defense is our priority, and we're here to guide you through the legal process with expertise and compassion.


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