State v. Yocom

Former ORS § 802.093 (2021) did not make the 2020 traffic stop invalid for lack of probable cause because ORS 810.410(3)(b) authorizes police to stop a person for a traffic violation and investigate the violation even when the officer is not authorized to issue a citation.

The defendant appealed her conviction for misdemeanor driving while suspended, raising three assignments of error. She challenged the denial of her motion to suppress evidence, arguing that former ORS § 802.093 (2021) made the stop to investigate her offense unlawful at the time it happened. Second, she contended that the trial court wrongly overruled her hearsay objection and admitted a copy of her DMV report. Finally, she argued that the court erred by failing to exercise discretion to suspend a mandatory fine. The court first recognized that ORS 810.410(3)(b) authorizes police to stop a per-son for a traffic violation and investigate the violation even when the officer is not authorized to issue a citation. Thus, the motion to suppress was properly denied even if former ORS § 802.093 (2021) prevented the deputy from issuing a citation for the offense, the deputy's belief that a traffic violation occurred was objectively reasonable. The Court also found that the DMV report was properly admitted, as the State proved that it was a certified record made in the ordinary course of business under OEC 803(6). The Court rejected the defendant’s argument regarding the fine, finding that the trial court had exercised its discretion in choosing not to suspend it. The Court upheld the trial court’s decision on all counts. Affirmed.