Kodani

Kodani v. Snyder

Good Law
1999 Cal. App. LEXIS 897·75 Cal. App. 4th 471·89 Cal. Rptr. 2d 362·99 Daily Journal DAR 10401·99 Cal. Daily Op. Serv. 8190
Court of Appeal of CaliforniaOctober 4, 1999No. B126498California2,354 words

Opinion

Lead Opinion

Boren, J.

Russell Masaji Kodani appeals from a judgment denying his petition for writ of mandate, which sought to overturn the suspension of *473 his driver’s license by the Department of Motor Vehicles (DMV). Appellant’s license was suspended because he was driving with an excessive blood-alcohol content. Contrary to appellant’s contention, there was reasonable cause to stop his vehicle based on the arresting officer’s observation that appellant was not wearing his seat belt.

Factual and Procedural Background

On January 22, 1998, at approximately 2:00 a.m., California Highway Patrol (CHP) Officer T. A. Snyder observed appellant driving while not wearing his seat belt and thus in violation of the law mandating seat belt use. 1 As indicated in the officer’s written report submitted to the DMV, the officer was driving his CHP patrol vehicle north on Topanga Canyon Boulevard and preparing to make a right turn onto Victory Boulevard when he observed appellant’s 1989 blue Honda CRX stopped at the traffic light and headed west on Victory Boulevard. Officer Snyder noticed appellant was “not wearing his seat belt.” The officer drove behind appellant’s vehicle. As appellant entered the…

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