A demand to see the driver's license and the vehicle registration, also authorized by law, ORS 482.040 (2)(b), prolongs the stop and may lead to further investigation. So may objects observed in plain view in the vehicle, as happened, for instance, in State v. Quinn, 290 Or. 383, 623 P.2d 630 (1981); State v. Downes, 285 Or. 369, 591 P.2d 1352 (1979); State v. Jackson, 62 Or. App. 7, 660 P.2d 183, rev allowed 295 Or. 31 (1983); State v. Tremaine, 56 Or. App. 271, 641 P.2d 637 (1982); and State v. Alpert, 52 Or. App. 815, 629 P.2d 878 (1981). See also Texas v. Brown, 460 U.S. 730, 103 S Ct 1535, 75 L Ed 2d 502 (1983).
A finding of the trial court on the amount of reasonable attorney fees to be awarded will not be overturned if supported by substantial competent evidence. State High. Com. et al. v. Kendrick et al., 227 Or. 608, 363 P.2d 1078 (1961); Mt. Shadow Homes v. Gray, 61 Or. App. 230, 233, 656 P.2d 383, rev den 295 Or. 31 (1983). There is evidence here that the award was reasonable.
Finally, plaintiff argues that there is no substantial evidence to support the trial court's reduction of plaintiff's fees. See Mt. Shadow Homes v. Gray, 61 Or. App. 230, 656 P.2d 383, rev den 295 Or. 31 (1983). There is evidence in the record from which the trial court could have found a duplication of services and excessive time expended by the two attorneys representing plaintiff and another party. Under the analysis in Newbern v. Gas-Ice Corporation, 263 Or. 250, 257-58, 501 P.2d 1294 (1972), there is substantial evidence to support the trial court's award.
The recent trend in Oregon case law clearly establishes that such a distinction is no longer viable. See State v. Mitchell, 61 Or. App. 127, 655 P.2d 632 (1982), rev den 295 Or. 31 (1983) (unnecessary to allege that criminal nonsupport was "without lawful excuse"); State v. Keys, 25 Or. App. 15, 22, 548 P.2d 205, rev den (1976) (unnecessary to negate extreme emotional disturbance in murder indictment); see also ORS 161.055; State v. Elliott, 234 Or. 522, 383 P.2d 382 (1963); State v. McIntire, 22 Or. App. 161, 537 P.2d 1151, former opinion adhered to, 22 Or. App. 611, 540 P.2d 399, rev den (1975); State v. Taylor, 13 Or. App. 192, 509 P.2d 50 (1973). The use of such labels as "except" in the charging statute, standing alone, does not require the state to plead a negation of the exception.
Argued and submitted January 12, 1983 Reversed and remanded for trial March 2, 1983 Reconsideration denied April 14, petition for review allowed May 17, 1983 ( 295 Or. 31) See 296 Or. 430, 677 P.2d 21 (1984) Appeal from Circuit Court, Lane County, F. Gordon Cottrell, Judge.
Argued and submitted January 14, 1983Affirmed March 2, 1983 Reconsideration denied April 14, petition for review denied May 17, 1983 ( 295 Or. 31) Appeal from Circuit Court, Benton County, Frank D. Knight, Judge.
Argued and submitted September 17, 1982 Affirmed March 30, 1983 Reconsideration denied April 14, petition for review denied May 17, 1983 ( 295 Or. 31) Appeal from Circuit Court, Jackson County, L. A. Merryman, Judge.
Argued and submitted April 19, 1982Reversed March 2, 1983 Reconsideration denied April 14, petition for review denied May 17, 1983 ( 295 Or. 31) Appeal from Circuit Court, Linn County, Wendell H. Tompkins, Judge.
Argued and submitted August 30, 1982Affirmed December 22, 1982 Reconsideration denied April 1, 1983 Petition for review denied May 10, 1983 ( 295 Or. 31) Appeal from Circuit Court, Coos County, Richard L. Barron, Judge.
Argued and submitted January 12, 1983Affirmed March 2, 1983 Reconsideration denied April 14, petition for review denied May 10, 1983 ( 295 Or. 31) Appeal from Circuit Court, Multnomah County, John C. Beatty, Jr., Judge.