State v. Tiffin

DEITS, J. pro tempore

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants, ORS 813.010. He assigns error to the trial court’s denial of his motion to suppress evidence, arguing that the underlying stop for a traffic infraction was not supported by probable cause. We review for errors of law, State v. Riddle, 149 Or App 141, 144, 941 P2d 1079, rev den, 326 Or 68 (1997), and reverse and remand.

The facts are undisputed. Just before midnight on January 31, 2002, two police officers, Justema and Selig, were driving along Monument Drive in Josephine County,…