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Kodani v. Administrative Director of the Courts8/27/2002
reasonably suggest that Kodani "suddenly accelerated" his vehicle on the morning in question, resulting in the tires screeching when they "burned out[,]" there is a complete absence of specific and articulable facts to suggest that any person other than Officer Costa was present or that Kodani's sudden acceleration of his vehicle was "done to intentionally draw the attention of persons present toward the vehicle." HRS § 291C-103(d) (emphasis added). Officer Costa's clear statement was that Kodani's vehicle was the only one at the intersection of Keeaumoku and Young streets and the only one on Young Street in either direction. Moreover, Officer Costa noted in his statement that he was traveling in the makai direction on Keeaumoku Street when he noticed Kodani's vehicle stopped at the stop light at the intersection of Keeaumoku and Young streets, its engine revving. The officer claimed that he passed Kodani's vehicle and was three car-lengths makai of the Keeaumoku and Young streets intersection when he observed, through his side mirror, Kodani's vehicle "burn out[,]" headed ewa towards Piikoi Street. Given the early morning hour, the light commercial nature of the vicinity where Kodani was stopped, and the lack of evidence that there were any onlookers present to witness Kodani's handling of his vehicle, we conclude that the record provides no specific and articulable facts that Kodani was deliberately drawing the attention of persons present towards the vehicle's quality for swiftness.
Respondent-Appellee Administrative Director of the Courts, State of Hawaii argues alternatively that even if Officer Costa did not have reasonable suspicion to stop Kodani for unlawful exhibition of speed or acceleration, the stop can still be justified based upon reasonable suspicion that Kodani was engaged in reckless driving of his vehicle, in violation of HRS § 291-2 (Supp. 2001), which provides now, as it did when Kodani was arrested, as follows:
Whoever operates any vehicle . . . in disregard of the safety of persons or property is guilty of reckless driving of vehicle . . . and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.
Based on our review of the record, however, we are unable to discern any specific or articulable facts to suggest that Kodani was driving his vehicle in disregard of the safety of persons or property.
Accordingly, we reverse the Judgment on Appeal, which affirmed the Decision and Order Affirming Administrative Revocation, both entered by the District Court of the First Circuit on December 22, 2000.
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