State v. Eakins

OPINION

SHUMAKER, Judge.

Appellant Jonathan David Eakins was cited for owning a motor vehicle that failed to stop at the warning lights and stop-signal arm of a school bus. On appeal, he argues that the statute is unconstitutional because it violates the owner’s right to due process by creating an irrebuttable presumption or an irrational rebuttable presumption that the owner of the car was the driver, or by criminalizing car ownership generally. He also argues that his Fifth and Sixth Amendment rights were violated during the evidentiary hearing. We affirm.

FACTS

At about 3:50 p.m. on October…