State v. Wulf

ORS 811.365(1)(a) prohibits U-turns in any intersection with an electrical traffic control signal (unless “posted otherwise,” which was not the case here).

Defendant was stopped for a traffic violation and as a result, was discovered to be driving with a suspended license. Defendant appealed the judgment of conviction and assigned error to the trial court’s denial of his motion to suppress the evidence that his license was suspended. Defendant contended that his U-turn did not violate ORS 811.365, which regulates U-turns in intersections, and, consequently, that the officer lacked probable cause to stop him for a traffic violation. The State disagreed and argued that ORS 811.365 “prohibits U-turns in any intersection ‘where traffic is controlled by an electrical signal.” The phrase “where traffic is controlled by an electrical signal” is most naturally understood to describe the essence of the type of “intersection” in which U-turns are not permitted—had the legislature intended otherwise, it would have structured the statute differently. The Court found that, “correctly construed, ORS 811.365(1)(a) prohibits U-turns in any intersection with an electrical traffic control signal (unless ‘posed otherwise,’ which was not the case here).” Thus, the Court held that the officer had probable cause to stop Defendant for an illegal U-turn and, consequently, the trial court did not err when it denied Defendant’s motion to suppress evidence that resulted from the justified traffic stop. Affirmed.