OPINION
Case Summary
Donald Hatcher appeals the judgments against him for the infractions of Speeding 1 and Unsafe Lane Movement. 2 In contesting these judgments, Hatcher contends that the issuing officer did not have the authority to issue him the traffic citations because she was neither wearing a distinctive uniform and badge of authority nor in a marked police vehicle as required by Indiana Code § 9-380-2-2. Because uniformed officers were present when the non-uniformed officer issued the citations to Hatcher, we find that Indiana Code § 9-30-2-2 does not apply and affirm both judgments.
Facts and Procedural History
The facts relevant to this appeal are as follows. On September 16, 2000, Hatcher was traveling southbound on Interstate 65 in a semi tractor-trailer truck. At the same time, Indiana State Police Sergeant Karol Ruby was also traveling southbound in her unmarked State Police issued vehicle. Sergeant Ruby was off-duty at the timе; therefore, she was not in uniform. At or around the 111 mile marker, Hatcher passed Sergeant Ruby on the right. Due to the fact that Hatcher appeared to be speeding, Sergeant Ruby used her in-car radar to note the speed at which Hatcher was traveling. The radar indiсated that Hatcher was indeed exceeding the posted speed limit. Shortly thereafter, Sergeant Ruby observed Hatcher make аn illegal lane change. Sergeant Ruby radioed to have marked police units sent to the area. Sergeant Ruby continued to follow Hatch-er as he exited from the interstate.
Hatcher exited at Whiteland Road and pulled into a truck stop to refuel. As Hatcher wаs inside paying for his gas, Ruby and two uniformed Whiteland police officers approached him. Ruby identified herself with her police identificаtion card and then issued Hatcher citations for the following infractions: (1) speeding at 76.9 m.p.h. in a 40 m.p.h. zone; (2) unsafe lane movement; and (8) а tire violation (tread missing). 3
Hatcher appeared in court to contest the citations. He argued that because he was not under arrest, Ruby lacked authority to issue him the citations because she failed *191 to meet the requirements imposed by Indiana Code § 9-30-22. At the clоse of evidence, the judge found for the State on both the speeding and the unsafe lane movement issue. Thereafter, Hatcher filеd a motion to correct errors in which he alleged that the trial court's findings were not supported by the evidence and were insufficient as a matter of law. The trial court denied his motion to correct errors. This appeal ensued.
Discussion and Decision
Hatcher contends that because Sergeant Ruby was not in uniform or in a marked police vehicle at the time she issued him citations for the infractions of speeding and unsafe lane movement and because he was not under arrest at the time the citations were issued, the evidence is insufficient to support these judgments against him. Hatcher directs our attention to Indiana Code § 9-80-2-2, which provides:
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 оf a motor vehicle on an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vеhicle on an Indiana 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. This section does not apply to an offiсer making an arrest when there is a uniformed officer present at the time of the arrest.
(emphasis added). Based on this statutory language, Hatcher asserts that the officer issuing his traffic citations lacked the authority to do so. In particular, Hatcher's primary defense in contesting the issuance of the traffic citations was that he was not under "arrest;" and therefore, Sergeant Ruby did not have the authority to issue him the citations because she was neither wearing a distinctive uniform and badge of authority nor operating a motor vehicle that wаs clearly marked as a police vehicle. Hatcher's argument appears to recognize that an officer need nоt be uniformed or in a marked police vehicle as set forth in Indiana Code § 9-30-22 if the officer is accompanied by other officеrs who are uniformed. However, he insists that this exception to the application of Indiana Code § 9-30-2-2 applies only if he were undеr arrest. We disagree.
At the outset we note that Indiana Code § 9-30-2-2 was created for public policy reasons. Miller v. State,
[T]he obvious intent of the legislature, in enacting I1.C. 9-80-2-2, [was] to ensure that the law enforeemеnt officers who enforce our traffic laws are either wearing a uniform and badge or driving a marked car when they effect an arrеst or issue a traffic citation. Such requirements are good public policy in that they help to distinguish law enforcement officers from thоse individuals on our highways who, for illicit purposes, impersonate law enforcement officers.
Id. at 69.
When construing the language of a statutе, we do not presume that the legislature intended language used in the statute to be applied illogically or to bring about an unjust or absurd rеsult. Riley v. State,
To read the statute otherwise, produces an absurd result. Namely, the requirements оf this statute would apply only when an arrest is being effectuated and not when a traffic information and summons are being issued without an acсompanying arrest. This interpretation would render the legislature's inclusion of the clause "or issue a traffic information and summons" in the first pаrt of this statutory section meaningless, which is contrary to the basic tenet of statutory interpretation that we will strive to avoid an interprеtation that renders any part of the statute meaningless or superfluous. Wray v. State,
Because two uniformed officers accompаnied Sergeant Ruby when she issued the traffic citations to Hatcher, Sergeant Ruby was not precluded from issuing the citations by the uniform and marked vehicle requirements of Indiana Code § 9-30-2-2.
Judgment affirmed.