Defendant appeals a judgment of conviction for fleeing or attempting to elude a police officer, ORS 811.540CL).
The relevant facts are undisputed. Two Klamath Falls police officers, Snyder and Gordon, suspected that defendant was speeding, and they followed him. Defendant turned left without signaling and made his way to the next intersection where he failed to stop at a stop sign. He swerved left to pass another vehicle. Snyder activated his overhead lights to signal defendant to stop, but defendant continued driving. He made two right turns, rolled through a stop sign, and finally pulled into a residential driveway to park in a lot behind his house. In total, he drove approximately two and a half blocks after being signaled to stop. Defendant got out of his pickup truck and stood outside. He refused to comply with Snyder’s request that he get back
At defendant’s bench trial, defendant argued that the state did not present sufficient evidence that he had attempted to elude a police officer. He asserted that attempting to elude a police officer “requires more than simply driving away from the police. It requires some evasive maneuver on the part of the defendant.” Defendant framed the issue before the trial court as whether “traveling 250 yards to get his vehicle into his own parking spot at his house” was an attempt to elude a police officer. The trial court denied defendant’s motion, reasoning that defendant consciously decided not to stop, despite knowing that the officer was behind him signaling to stop. The trial court acknowledged that defendant did not intend to “escape” from the police. Defendant was convicted on all charged counts.
On appeal, defendant reiterates that there was insufficient evidence to support his conviction for fleeing or attempting to elude a police officer because the state failed to prove that he drove evasively. Defendant contends that ORS 811.540 requires evidence of “evasive driving” and asserts that legislative history supports his understanding of the statute. Defendant suggests that the evidence was insufficient to convict him, because he did not engage in the type of conduct that the legislature intended to criminalize in the statute. The state responds that ORS 811.540 does not require evasive driving and that there was sufficient evidence supporting defendant’s conviction.
“The terms ‘flee’ and ‘elude’ are not statutorily defined. Accordingly, we presume that the legislature intended those terms to have their ordinary meanings. The verb ‘flee,’ when used transitively, means ‘to run away from : endeavor to avoid * * * or escape from’ or ‘to leave abruptly : depart from suddenly or unexpectedly.’ The transitive verb ‘elude’ means ‘to escape the notice or perception of.’ *** Nothing in the wording of the statute suggests that the legislature intended the term to mean something other than that.”
Id. at 67-68 (quoting Webster’s Third New Int’l Dictionary 868; 738 (unabridged ed 2002)) (internal citations omitted). Because ORS 811.540(1)(b)(A) and ORS 811.540(1)(b)(B) are parallel, we assume that the legislature intended to effect the same meaning in both sections. See Tharp v. PSRB,
Given the plain meaning of “flee,” ORS 811.540 does not require evidence of evasive driving. As we explained in Cave, the term “to flee” carries the plain meaning “to run away from.”
The evidence was sufficient for a rational factfinder to find that defendant knowingly fled from the pursuing officers. Defendant decided that he did not want to pull over when the officers signaled, and, rather than stopping, pressed onward with the officers following behind. It is no defense to say that defendant did not intend to succeed in “getting away” in the long-term, or that he only wished to avoid impoundment of his truck. The statute was violated when defendant failed to stop and continued to drive for some blocks. Public safety and compliance with ORS 811.540 do not permit delay when signaled to stop.
Affirmed.
Notes
ORS 811.540 provides:
“(1) A person commits the crime of fleeing or attempting to elude a police officer if:
“(a) The person is operating a motor vehicle; and
“(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and * * *
“(A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or
“(B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.”
Fleeing or attempting to elude an officer is a Class C felony, if the commission of the offense occurs while an individual remains in a vehicle. ORS 811.540(3)(a).
A defendant may, of course, have an applicable defense. See, e.g., ORS 811.540(2) (providing an affirmative defense when an individual lawfully proceeds to a place reasonably believed to be necessary to reach after being signaled to stop by an officer in an unmarked police vehicle).
