- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 07-06-2017
- Case #: A158089
- Judge(s)/Court Below: Egan, P.J. for the Court; Lagesen, J.; & Schuman, S.J.
- Full Text Opinion
Defendant appealed a conviction of DUII, ORS 813.010, and driving while suspended or revoked, ORS 811.182. Defendant assigned error to the trial court's denial of his motion to suppress evidence obtained during the stop. On appeal, Defendant contended that he was not required to stop before entering a sidewalk, per ORS 811.505, because the statue's language expressly includes only "an alley, building, private road or driveway in a business or residence district.” Defendant alleged that since he did not actually emerge from a driveway, he did not violate ORS 811.505, and thus, the office did not have probable cause for the stop. ORS 811.505(1)(a) provides in part that "[a] person commits the offense of failure to stop when emerging from an alley, driveway or building” if the driver does not stop when before crossing a sidewalk or sidewalk area." The Court of Appeals, held that under the plain meaning of “driveway”, the business's parking lot from which Defendant emerged constituted a “private way of access” and therefore, satisfied the requirements of ORS 811.505. Affirmed.