State v. Blueback

When the Department of Transportation issues license plates, ORS 803.525 requires that a vehicle be issued two license plates and, when taken in conjuncture with ORS 803.540(1)(b), require that the “vehicle’s driver display two plates.”

Defendant appealed judgment of conviction for driving while suspended or revoked. Defendant assigned error to the trial court’s denial of his motion to suppress evidence discovered when he was pulled over for failing to display a license plate in the front of his truck, in violation of ORS 803.540. On appeal, Defendant argued that the officer lacked probable cause because failure to display a front license plate is not in violation of the statute. In response, the State argued that the text surrounding ORS 803.540, when read with ORS 803.525, requires a person to display both license plates. When the Department of Transportation issues licenses plates, ORS 803.525 requires that a vehicle be issued two license plates and, when taken in conjuncture with ORS 803.540(1)(b), require that the “vehicle’s driver display two plates.” The Court of Appeals held that there was no error by the trial court when it denied the motion to suppress because the statute required both license plates, and when Defendant was missing the front license plate, the officer had probable cause to pull him over. Affirmed.