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.]
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