State v. Hagel

Defendant appeals a judgment of conviction for violating ORS 815.225(1)(b), which prohibits, among other things, the use of a horn on a vehicle for purposes other than to give a reasonable warning. 1 Defendant moved to dismiss the citation that charged him with violating ORS 815.225(1)(b), contending that the statute violates Article I, section 8, of the Oregon Constitution. We conclude that the court erred in denying the motion; we therefore reverse defendant’s conviction.

We held in City of Eugene v. Powlowski, 116 Or App 186, 840 P2d 1322 (1992), that a city ordinance phrased identically…