section 316.066(1) statutory duty (Florida) · Go Syfert
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section 316.066(1) statutory duty in Florida

9 Florida opinions name it 2 courts 1985–2006 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Brackin v. Bolesgreen
fla · 1984 · cited in 8 Florida opinions naming this issue, 1985–2006
2 sentences

2006Consequently, our Supreme Court has held that the statute “clothe[s] with statutory immunity only such statements and communications as the driver, owner, or occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066(1) and (2).” Id.

2004In Brackin v. Boles, 452 So.2d 540, 544 (Fla.1984), the court held that this statute provides immunity only to “such statements and communications as the driver, owner, or occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066(1) and (2) [to report an accident]” so as to avoid a Fifth Amendment violation.

48
Hoctor by and Through Hoctor v. Tuckergreen
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See also Hoctor v. Tucker, 432 So.2d 1352, 1353 (Fla. 5th DCA 1983).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Yost v. State green
fladistctapp · 1989
1 sentence

1991We clearly and emphatically hold that the purpose of the statute is to clothe with statutory immunity only such statements and communications as the driver, owner, or occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066(1) and (2). (emphasis added) In Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989), this court, citing to Brackin , held it to be reversible error for the trial court to allow testimony of the investigating officer that appellant advised him at the scene that he had consumed six or seven beers.

11991–1991

Statutes the citing opinions construe

FL § 316.066 (9) FL § 316.193 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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