811.335
Unlawful or unsignaled turn; penalty.
(1) A person commits the offense of making an unlawful or unsignaled turn if
the person is operating a vehicle upon a highway and the person turns the
vehicle right or left when:
(a) The movement
cannot be made with reasonable safety; or
(b) The person
fails to give an appropriate signal continuously during not less than the last
100 feet traveled by the vehicle before turning.
(2) Appropriate
signals for use while turning are as designated under ORS 811.395 and 811.400.
(3) The offense
described in this section, making an unlawful or unsignaled turn, is a Class D
traffic violation. [1983 c.338 §623; 1995 c.383 §59]
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1993–2021 · leading case:
State v. Arthur, 976 P.2d 1146 (Or. Ct. App. 1999).
State v. Arthur, 976 P.2d 1146 (Or. Ct. App. 1999).
· cites it 40× “The state asserts that the trial court erroneously concluded that the underlying stop was unlawful because ORS 811.335 does not apply to cars making turns at stop signs or stop lights.”
State v. Kelly, 211 P.3d 932 (Or. Ct. App. 2009).
· cites it 10× “Defendant, once he had already stopped at a stop sign, signaled his turn in violation of ORS 811.335(l)(b), which requires drivers to “signal continuously during not less than the last 100 feet traveled by the vehicle before turning.”
State v. Bea, 864 P.2d 854 (Or. 1993).
· cites it 6× “400(1), and the Court of *225 Appeals construed that section in concluding that the stop of defendant was unlawful.”
State v. Chilson, 182 P.3d 241 (Or. Ct. App. 2008).
· cites it 8× “Although he observed all of that driving activity, the officer (according to his own testimony) decided to stop defendant based solely on his belief that her first turn from Avenue F was a violation of ORS 811.335(1), which provides, in part: “A person commits the offense of…”
State v. Miller, 340 P.3d 740 (Or. Ct. App. 2014).
· cites it 2× “Defendant turned into the parking lot of a grocery store; he drove very slowly for approximately 50 yards, passing several open parking spaces before turning into one and stopping.”
State v. Barber, 379 P.3d 651 (Marion Cty. Cir. Ct., O.R. 2016).
“Having observed defendant’s failure to signal, a traffic violation, ORS 811.335(l)(b), (3), Morrison turned on the overhead lights on his marked patrol car in order to stop defendant for the violation.”
State v. Jackson, 342 P.3d 119 (Or. Ct. App. 2014).
“See ORS 811.335(l)(b) (failing to “signal continuously during not less than the last 100 feet traveled by the vehicle before turning” is a traffic offense).”
State v. Kelly, 206 P.3d 1098 (Or. Ct. App. 2009).
· cites it 12× “ORS 811.335 provides, in part: “(1) A person commits the offense of making an unlawful or unsignaled turn if the person is operating a vehicle upon a highway and the person turns the vehicle right or left when: “(b) The person fails to give an appropriate signal continuously…”
State v. Denny, 978 P.2d 1014 (Or. Ct. App. 1999).
· cites it 2× “1 ORS 811.335(l)(b). Upon approaching defendant, Marshman observed that defendant’s eyes were droopy and bloodshot.”
State v. Allen, 497 P.3d 777 (Or. Ct. App. 2021).
“Troopers Waldrop and Cordes were on duty in the area and observed the Ford fail to signal continuously for at least 100 feet before turning right pursuant to ORS 811.335. Waldrop initiated a stop and spoke to the driver of the Ford.”
United States v. Martinez-Rodriguez, 994 F. Supp. 2d 1114 (D. Or. 2014).
· cites it 3× “Defendant made two turns, one from Swegle Road on to Neota Street and another from Neota Street on to Fultz Street, without using his turn signal to indicate the turns in violation of Oregon Revised Statute § 811.335. Based on the traffic violations, Fromme initiated a traffic…”
Or. Rev. Stat. § 811.335(1): 1 case
State v. Chilson, 182 P.3d 241 (Or. Ct. App. 2008).
“Although he observed all of that driving activity, the officer (according to his own testimony) decided to stop defendant based solely on his belief that her first turn from Avenue F was a violation of ORS 811.335(1), which provides, in part: “A person commits the offense of…”
Or. Rev. Stat. § 811.335(1)(b): 2 cases
State v. Arthur, 976 P.2d 1146 (Or. Ct. App. 1999).
“The state asserts that the trial court erroneously concluded that the underlying stop was unlawful because ORS 811.335 does not apply to cars making turns at stop signs or stop lights.”
State v. Kelly, 206 P.3d 1098 (Or. Ct. App. 2009).
“ORS 811.335 provides, in part: “(1) A person commits the offense of making an unlawful or unsignaled turn if the person is operating a vehicle upon a highway and the person turns the vehicle right or left when: “(b) The person fails to give an appropriate signal continuously…”
Or. Rev. Stat. § 811.335(l)(b): 9 cases
State v. Kelly, 211 P.3d 932 (Or. Ct. App. 2009).
“Defendant, once he had already stopped at a stop sign, signaled his turn in violation of ORS 811.335(l)(b), which requires drivers to “signal continuously during not less than the last 100 feet traveled by the vehicle before turning.”
State v. Chilson, 182 P.3d 241 (Or. Ct. App. 2008).
“Although he observed all of that driving activity, the officer (according to his own testimony) decided to stop defendant based solely on his belief that her first turn from Avenue F was a violation of ORS 811.335(1), which provides, in part: “A person commits the offense of…”
State v. Miller, 340 P.3d 740 (Or. Ct. App. 2014).
“Defendant turned into the parking lot of a grocery store; he drove very slowly for approximately 50 yards, passing several open parking spaces before turning into one and stopping.”
State v. Barber, 379 P.3d 651 (Marion Cty. Cir. Ct., O.R. 2016).
“Having observed defendant’s failure to signal, a traffic violation, ORS 811.335(l)(b), (3), Morrison turned on the overhead lights on his marked patrol car in order to stop defendant for the violation.”
State v. Jackson, 342 P.3d 119 (Or. Ct. App. 2014).
“See ORS 811.335(l)(b) (failing to “signal continuously during not less than the last 100 feet traveled by the vehicle before turning” is a traffic offense).”
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