- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 09-10-2015
- Case #: A152609
- Judge(s)/Court Below: Egan, J. for the Court; Armstrong; & Edmonds
- Full Text Opinion
Defendant appealed conviction for DUII, which resulted after Police Officer pulled Defendant over for impeding the “normal and reasonable flow of traffic” by driving in the left lane at a speed of 32 MPH in a 35 MPH zone.
The trial court ruled that Police Officer’s subjective belief given the circumstances was reasonable, and denied Defendant’s motion to suppress evidence found due to the traffic stop.
The Court held that, given the time of night and Defendant’s speed, it was not objectively reasonable to stop him. Reversed and remanded.