STATE v. BODADY, 734 N.W.2d 487 (Iowa App. 2007)

State v. Bodady.

No. 05-1247.Court of Appeals of Iowa.
March 28, 2007.

Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge.

The defendant appeals the district court’s denial of his motion to suppress evidence. AFFIRMED.

Patricia Reynolds, Acting State Appellate Defender, and David Adams, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, J. Patrick White, County Attorney, and Iris Frost, Assistant County Attorney, for appellee.

Considered by VOGEL, P.J., and VAITHESWARAN and EISENHAUER, JJ.

PER CURIAM.

Following denial of a motion to suppress, Reino Bodady agreed to a bench trial on the minutes of evidence and was found guilty of operating a vehicle while intoxicated (second offense), in violation of Iowa Code section 321J.2 (2003). On appeal, Bodady argues his motion should have been granted because police did not have reasonable suspicion to initiate a traffic stop. In our de novo review of the record and arguments of the parties, we agree with the district court’s findings that Iowa Code section 321.384 requires operation of headlights on public streets from sunrise to sunset and that both police officers observed Bodady’s vehicle driving into the public alleyway without its headlights operational, which violation was sufficient to initiate a traffic stop. We affirm pursuant to Iowa Court Rule 21.29(1)(a), (d) and (e).

AFFIRMED.