Sec. 2. (a) Except as provided in subsection (b), a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on a highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on a highway unless at the time of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a police vehicle;
that will clearly show the officer or the officer's vehicle to casual observations to be an officer or a police vehicle.
(b) Subsection (a) does not apply to an officer in an unmarked police vehicle making an arrest or issuing a traffic information and summons:
(1) when there is a uniformed officer present at the time of the arrest; or
(2) for a violation of one (1) or more of the following:
(A) IC 9-21-8-52(a)(1)(A) (reckless driving causing endangerment).
(B) IC 9-21-8-52(b) as a Level 6 felony (recklessly passing a stopped school bus resulting in bodily injury).
(C) IC 9-21-8-52(b) as a Level 5 felony (recklessly passing a stopped school bus resulting in death).
(D) IC 9-30-5-2(b) as a Class A misdemeanor (operating while intoxicated in a manner that endangers a person).
[Pre-1991 Recodification Citation: 9-4-8-1.]
As added by P.L.2-1991, SEC.18. Amended by P.L.198-2016, SEC.592; P.L.164-2018, SEC.18; P.L.144-2019, SEC.11.
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