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BYRD v. STATE

No. 10A01-1309-IF-383.

6 N.E.3d 464 (2014)

Brian BYRD, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 26, 2014.

Attorney(s) appearing for the Case

Bart M. Betteau , Betteau Law Office, LLC, New Albany, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Michael Gene Worden , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAILEY, Judge.

Case Summary

Brian Byrd ("Byrd") appeals a judgment against him for the civil infraction of Speeding1 for driving 54 miles per hour in a 30 miles per hour zone. He alleges he was denied due process2 because of a variance between the allegations and the proof. Because we find there was a failure of proof, we reverse.

Facts and Procedural History

On...

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