State v. Murphy

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, that followed his conditional guilty plea. Defendant assigns error to the trial court’s denial of his motion to suppress evidence obtained after a police officer stopped his car for violation of ORS 811.315,1 which defines the Class B violation of “failure of a slow driver to drive on the right,” arguing that the officer lacked probable cause that defendant had violated that statute. The officer, who drove behind defendant’s vehicle to pace it, observed that defendant was traveling…