State v. Matthews

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The court granted his pretrial motion to suppress evidence obtained after the truck that he was driving was stopped by a police officer. It held that the stop was unlawful, because the state failed to prove that defendant had, in fact, committed a traffic infraction. The state appeals, ORS 138.060(3), and we reverse and remand.

Near midnight on May 22, 1991, Officer Frye was southbound on a rural highway when defendant’s truck, in the oncoming lane, caused a glare in his eyes. Frye believed that…