Brian Byrd v. State of Indiana

OPINION

BAILEY, Judge.

Case Summary

Brian Byrd (“Byrd”) appeals a judgment against him for the civil infraction of Speeding 1 for driving 54 miles per hour in a 30 miles per hour zone. He alleges he was denied due process 2 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 May 9, 2013, Clark County Deputy Sheriff Donovan Harrod issued a traffic ticket to Byrd, who had been traveling on Brown Station Way. The citation alleged that Byrd had violated Indiana Code section 9-21-5-2 by driving his…