State v. Smith

Defendant was cited for a traffic infraction, violation of ORS 487.180 which provides:

"(1) A driver commits the offense of failure to yield to an overtaking vehicle if he fails to move his vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when:

"(a) The driver of the overtaken vehicle is proceeding at a speed less than a designated speed under ORS 487.470;

"(b) The driver of the overtaking vehicle is proceeding at a speed in conformity with ORS 487.470;

"(c) The highway is a two directional two-lane highway; and

"(d) There is no clear lane for passing…