State v. Dow

Defendant appeals his conviction for driving while suspended. ORS 811.182. He contends that the court erred in denying his motion to suppress the evidence that his license was suspended on the grounds that the officer lacked authority to detain him. We affirmed without opinion. State v. Dow, 113 Or App 474, 832 P2d 1278 (1992). Defendant filed a petition for review, which we treat as a petition for reconsideration. ORAP 9.15. We withdraw our decision and reverse.

In December, 1990, a City of Grants Pass police officer saw Duane Harpe standing next to a parked car. The officer recognized Harpe…