State v. Chen

338 P.3d 795, 266 Or. App. 683, 2014 Ore. App. LEXIS 1499
CourtCourt of Appeals of Oregon
DecidedOctober 29, 2014
DocketUI20475312; A155150
StatusPublished
Cited by3 cases

This text of 338 P.3d 795 (State v. Chen) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chen, 338 P.3d 795, 266 Or. App. 683, 2014 Ore. App. LEXIS 1499 (Or. Ct. App. 2014).

Opinion

TOOKEY, J.

Defendant appeals a judgment of conviction for impeding traffic, ORS 811.130,1 a Class D traffic violation. Defendant argued to the municipal court that there was insufficient evidence to convict him of the offense, and he reasserts those arguments on appeal. For the reasons that follow, we affirm.

In an appeal from a judgment involving a violation, “the standard of review is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony.” ORS 138.057(l)(a). When we review a challenge to the sufficiency of the evidence following a conviction, we examine the evidence “in the light most favorable to the state to determine whether any rational trier of fact could have found that the essential elements of the violation had been proved by a preponderance of the evidence.”2 State v. Bainbridge, 230 Or App 500, 502, 216 P3d 338 (2009) (stating the standard of review for an appeal involving the offense of driving through a safety zone, ORS 811.030) (internal quotation marks and brackets omitted).

The record discloses the following facts. At approximately 3:00 p.m., on a summer afternoon, Kingsbury, a [685]*685motorcycle officer in the City of Beaverton’s Traffic Safety Team, was traveling westbound in the right lane of a highway overpass, when he observed defendant’s vehicle, a BMW, traveling on an exit ramp from the southbound highway. The BMW made a right turn off of the exit ramp and began traveling westbound down a road where there were two westbound lanes.

The BMW drew Kingsbury’s attention because it “came to a stop, in the [right] lane of traffic, with its left blinker on.” Kingsbury continued to focus on the BMW “because it wasn’t proceeding down the road like it *** should [;] it was stopped with its blinker on.”3 The BMW had stopped in the right lane and was attempting to move into the left lane. However, the BMW could not “safely move into the left lane at that time” because there were two vehicles in the left lane, also proceeding westbound. As Kingsbury observed, the BMW then started to turn in front of the first vehicle that was proceeding in the left lane. That vehicle “had to kind of swerve and slow, because it appeared that this BMW was going to pull in front of it.” The second vehicle in the left lane also slowed down before proceeding by. In addition, there was a third vehicle on the road — this one in the right lane behind the BMW — also heading westbound. The third vehicle also had to slow “because of the BMW that was stopped in the right lane and not proceeding.”

Kingsbury subsequently pulled defendant over and asked why he had stopped in the road. Defendant told Kingsbury that “he was trying to get over so his son could go to the bathroom.” Defendant told Kingsbury that it was an emergency, and Kingsbury told defendant “that that was not a valid emergency to stop in the flow of traffic.” Kingsbury issued defendant a citation for impeding traffic.

At defendant’s bench trial, defendant testified that he pulled off of the freeway so that his son could go to the bathroom, made a right turn onto the road, “and then put [his] left [turn] signal on” before “slowing down and waiting” for “two or three cars” to quickly go by on the left. [686]*686Defendant asked Kingsbury if defendant drove “conservatively” and “reasonably[,]” and Kingsbury replied, “No.” Kingsbury testified that there were “other places of refuge on the right side of the road that the car could have pulled into to perform whatever task they were trying to perform.” Kingsbury further testified, “Stopping in the middle of traffic is not safe.”

During closing argument, defendant argued that a vehicle “slow down” for a short distance is not a violation of ORS 811.130. He pointed out that “there was only one car behind [him]” and argued that there was “no violation at all, because there’s no blocking of the traffic, at all.” Defendant also argued that he did not violate ORS 811.130 because the exception described in ORS 811.130(3)(b) applied in his situation: “[m]omentarily stopping in preparation of, or moving at an extremely slow pace while, negotiating an exit from the road.” The municipal court found that defendant impeded traffic, and defendant now appeals.

On appeal,4 defendant raises one assignment of error: “The court erred in convicting defendant of impeding traffic.” To support that challenge, defendant states that the facts are “undisputed” and argues:

“The city’s evidence showed that defendant stopped only [momentarily] to allow two cars passing from the left lane and there was only one car behind defendant [that] was slowed down for a very short period [of] time to allow two cars to drive by on defendant’s left. In order to support defendant’s conviction, however, the evidence must show that defendant blocked or impeded the normal and reasonable flow of traffic.”

Defendant relies on State v. Tiffin, 202 Or App 199, 206, 121 P3d 9 (2005), in which we held “that the trial court erred in concluding that the officers had probable cause to stop defendant for violating ORS 811.130.”

As noted above, “[a] person commits the offense of impeding traffic if the person drives a motor vehicle * * * in a manner that impedes or blocks the normal and reasonable movement of traffic.” ORS 811.130(1). However, the statute [687]*687contains exceptions that permit a person to impede traffic for certain purposes. For example, a person is not in violation of the statute “if the person is proceeding in a manner needed for safe operation.” ORS 811.130(2). “Proceeding in a manner needed for safe operation” includes “[momentarily stopping” as specified in ORS 811.130(3)(a) (to allow oncoming traffic to pass before turning) and (b) (in preparation for negotiating an exit from the road). Additionally, a person is not in violation of the statute if any impediment to the flow of traffic results from the person’s participation in a funeral procession meeting specified criteria. ORS 811.130(4).

In Tiffin, we considered whether officers had probable cause to stop defendant for violating ORS 811.130. 202 Or App at 206. We first stated the undisputed facts:

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Cite This Page — Counsel Stack

Bluebook (online)
338 P.3d 795, 266 Or. App. 683, 2014 Ore. App. LEXIS 1499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chen-orctapp-2014.