Failure to secure motor vehicle
- • affirmative defense
- • penalty
(1) A person commits the offense of failure to secure a motor vehicle if the person is driving or is in charge of a motor vehicle and:
(a) The person permits the vehicle to stand unattended on a highway without first doing all of the following:
(A) Stopping the engine.
(B) Turning the front wheels to the curb or side of the highway when standing upon any grade.
(C) Locking the ignition.
(D) Removing the key from the ignition.
(E) Effectively setting the brake on the vehicle; or
(b) The person is the owner of an unattended motor vehicle parked on a highway in violation of paragraph (a) of this subsection.
(2) It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.
(3) The offense described in this section, failure to secure a motor vehicle, is a Class D traffic violation. [1983 c.338 §676; 1985 c.16 §326; 1987 c.687 §7; 1995 c.383 §81]
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