State v. Kelly

In this prosecution for driving under the influence of intoxicants (DUII), the state appeals a pretrial order granting defendant’s motion to suppress evidence obtained after what the trial court deemed to be an unlawful traffic stop. We reverse and remand.

The relevant facts are undisputed. Late one night, a police officer saw defendant pull up to a stop sign and come to a complete stop. The officer then saw defendant activate his right turn signal and then turn right. The officer pulled over defendant for failing to signal 100 feet before turning. ORS 811.335(l)(b). During the stop, the…