State v. Rivera

Defendant was convicted of felony driving while suspended. ORS 811.182. He assigns error to the trial court’s denial of his motion to suppress evidence that he was driving while suspended, contending that the stop was unlawful. We agree, and reverse.

Officer Bergin was parked on the side of a narrow, one-lane road when defendant drove by slowly in a 1966 pickup truck. Bergin noticed a child partially standing on the seat of the truck, with his hands on the dashboard. Bergin stopped defendant for a potential violation of ORS 811.210(l)(b), the safety belt law, which provides, in part:

“(1) A…