State v. Redding

“A lane is an area of a highway designated for a particular use by a single line of vehicles, and to which specific driving duties apply.” State v. Thomas, 104 Or App 126, 129, (1990).

Defendant was driving at the point where the highway widened before her single lane split into two. During that transition, before the lane markers began, Defendant was stopped for failing to signal a lane change and ultimately convicted of a DUII. Defendant appealed the conviction, assigning error to the trial court’s denial of her motion to suppress evidence that she was under the influence. Defendant argued that she was not “changing lanes” within the meaning of ORS 811.375(1)(b), and thus the traffic stop was not supported by probable cause. “A lane is an area of a highway designated for a particular use by a single line of vehicles, and to which specific driving duties apply.” State v. Thomas, 104 Or App 126, 129 (1990). Using the principle of interpretive consistency, the Court reasoned that the legislature intended “lane” to mean the same in ORS 811.375(1)(b) as in Thomas. The Court further reasoned that adopting the state’s meaning of “lane” would create inconsistencies within the Vehicle Code. Using the Thomas meaning of “lane,” the transitory point was still only one lane. Thus, the Court held that Defendant did not make an illegal lane change, and the traffic stop was not supported by probable cause. Reversed and Remanded.