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STATE v. SMITH

567 P.2d 579 (1977)

30 Or.App. 475

STATE of Oregon, Respondent, v. Dorothy Jane SMITH, Appellant.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

F. Leo Smith, Portland, argued the cause for appellant. With him on the briefs was Dorothy Jane Smith, Portland, in pro per.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

Defendant was cited for a traffic infraction, violation of ORS 487.180 which provides:

"(1) A driver commits the offense of failure to yield to an overtaking vehicle if he fails to move his vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when: "(a) The driver of the overtaken vehicle is proceeding at a speed less than a designated speed under ORS 487.470; "(b) The driver...

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