330 P.3d 1239
Or. Ct. App.2014Background
- Two uniformed Klamath Falls officers signaled defendant to stop with overhead lights while he was driving.
- Defendant continued driving about two-and-a-half blocks, made multiple turns, rolled a stop sign, and parked in a driveway behind his house.
- Defendant exited his truck, refused to reenter when ordered, admitted his license was suspended, and said he drove home to avoid impoundment.
- Breath test at the jail showed BAC .09%; defendant was charged with DUII, driving while suspended, and fleeing/attempting to elude a police officer (ORS 811.540).
- At a bench trial, defendant moved for acquittal on the elude count, arguing ORS 811.540 requires evasive driving; the court denied the motion and convicted.
- On appeal the court reviewed sufficiency of the evidence and statutory construction and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ORS 811.540(1)(b)(A) requires evidence of "evasive driving" | The State: statute criminalizes continuing to drive after a lawful signal to stop; no evasive-maneuver requirement | Devore: statute requires more than merely driving away; must be evasive conduct or an effort to escape | The court: "flee"/"elude" have ordinary meanings (to run away/avoid); no separate evasive-driving element; continuing to drive after signal suffices |
| Whether evidence was sufficient to support conviction | The State: defendant knowingly avoided compliance by continuing to drive after signal | Devore: driving ~250 yards into his driveway to avoid impoundment is not evasion | The court: evidence sufficient — defendant knowingly refused to stop and drove on; intent to permanently escape not required |
Key Cases Cited
- State v. Cunningham, 320 Or 47 (discussing standard for sufficiency review)
- PGE v. Bureau of Labor & Indus., 317 Or 606 (statutory interpretation: plain, natural, ordinary meaning)
- State v. Gaines, 346 Or 160 (consider text, context, legislative history)
- Tharp v. PSRB, 338 Or 413 (same phrase in related provisions presumed to have same meaning)
- State v. Cave, 223 Or App 60 (defining "flee" and "elude" by ordinary meaning)
- State v. Reed, 256 Or App 61 (focus of attempt-to-elude is the defendant’s conduct)