Florida/Georgia Personal Injury & Workers Compensation

...llants’ automobile to issue a citation for traffic violations. The government argues that the “weaving” observed by Vogel constituted reckless driving, Fla.Stat.Ann. §§ 316.029, 316.-029(1), 6 or failure to change lanes safely, Fla.Stat.Ann. § 316.089(1)....

...ers from other travelers we do not today consider. 6 . The definition of reckless driving in § 316.-029(1) is: Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. 7 . Section 316.089(1) provides that: A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety....

...Garnet Crooks appeals his conviction and order of probation for possession of marijuana following the denial of his dispositive motion to suppress. The marijuana was found during an allegedly consensual search of Mr. Crooks' car, following a traffic stop for violation of section 316.089(1), Florida Statutes (1995)....

...sions, but it is clear that no other cars or pedestrians were near him on either occasion. Deputy Deutsch did not think that Mr. Crooks was intoxicated or otherwise impaired. Based on these actions, Deputy Deutsch stopped Mr. Crooks for violation of section 316.089(1). Deputy Deutsch, who happens to patrol with a drug-trained canine in his car, asked Mr. Crooks if he would consent to a search; and he consented. [1] The search located a small quantity of marijuana. Section 316.089 provides in pertinent part: Whenever any roadway has been divided into two or more clearly marked lanes for *1043 traffic, the following rules, in addition to all others, consistent herewith, shall apply: (1) A vehicle shall be driven...

...Crooks drove on any of the three occasions, there is no basis to state that he was outside the "practicable" lane. Even if he was briefly outside this margin of error, there is no objective evidence suggesting that Mr. Crooks failed to ascertain that his movements could be made with safety. Section 316.089 is similar to section 316.155, Florida Statutes (1995), governing the use of turn signals, in that a violation does not occur in isolation, but requires evidence that the driver's conduct created a reasonable safety concern....

...er lane. He testified that she continually weaved right and left, crossing both the right and left lane lines several times. The officer turned on his carcam video camera to record Roberts' movements. The deputy then pulled her over for violation of § 316.089(1), Florida Statutes, failure to maintain vehicle in a single lane....

...within its lane of travel, it did not show that the vehicle actually crossed the designated lane lines, and because there was no evidence which showed that the defendant's driving interfered with or endangered any other vehicle or pedestrian. Under § 316.089(1), Florida Statutes, said the court, a violation for failure to stay within a single lane is established only when coupled with proof that changing lanes could endanger other traffic....

...The objective test "asks only whether any probable cause for the stop existed," making the subjective knowledge, motivation, or intention of the individual officer involved wholly irrelevant. Holland v. State, 696 So.2d 757, 759 (Fla. 1997). Appellant was stopped for violating sections 316.155 and 316.089, Florida Statutes (2005)....

...Frierson, 926 So.2d 1139 (Fla.2006). Here, according to the testimony of both the officer and appellant, no other traffic on the road was affected by appellant's failure to signal and therefore appellant's actions did not provide probable cause for a stop. Section 316.089 provides in pertinent part: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. § 316.089, Fla....

...5th DCA 2004) (where an officer observes a driver cross the white line on the right side of the road three times within a mile, each time crossing the line by approximately one-half of the vehicle's width, provided sufficient evidence to stop the vehicle for a violation of section 316.089)....

...ion of chapter 316 has been committed in the presence of the officer. Such arrest may be made immediately or on fresh pursuit." In the instant case, Officer Green's observations of respondent's vehicle within the city limits indicated a violation of section 316.089(1), Florida Statutes (1981), a civil infraction involving failure to maintain a single lane....

...Since the officer's initial stop of respondent was based on a violation of chapter 316, he was acting within the authority conferred by section 901.15(5). Moreover, because the City of Avon Park has adopted chapter 316 of the Florida Statutes in its municipal ordinances, respondent's apparent violation of section 316.089(1) clothed Officer Green with authority under section 901.25(2), Florida Statutes (1981), [1] to arrest on fresh pursuit *1087 across jurisdictional lines for violation of a city ordinance....

...The relevant statute relating to the operation of a vehicle within a lane states in pertinent part as follows: A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. § 316.089(1), Fla....

...Crooks drove on any of the three occasions, there is no basis to state that he was outside his "practicable" lane. Even if he was briefly outside this margin of error, there is no objective evidence suggesting that Mr. Crooks failed to ascertain that his movements could be made with safety. Section 316.089 is similar to section 316.155, Florida Statutes (1995), governing the use of turn signals, in that a violation cannot occur in isolation but requires evidence that the driving pattern created a reasonable safety concern....

...d committed any traffic infraction justifying the stop of his vehicle, even under the objective test of Whren. REVERSED AND REMANDED. PETERSON and PLEUS, JJ., concur. NOTES [1] The right to appeal the dispositive motion to suppress was reserved. [2] Section 316.089(1), Florida Statutes provides: "Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehicle shall be driven as...

...ent is improper and the case should be submitted to the jury. See Murray. Moreover, there is sufficient evidence indicating that both Saphan and Shadday may have been negligent. Shadday may have improperly changed lanes, rendering him negligent. See § 316.089(1), Fla....

...I write solely to point out that, in view of Ward's blind change from the right to left lane, his sudden discovery of Putnam's car could not be deemed "a classic surprise" sufficient to overcome the presumption of negligence under Eppler v. Tarmac Am., Inc., 752 So.2d 592, 593-5 (Fla.2000). Section 316.089(1), Florida Statutes (2000), provides that when, as here, a road is divided into two or more clearly marked traffic lanes, "[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from...

...When driving on a busy four-lane roadway, a driver can reasonably expect to encounter traffic—even stopped or stopping traffic—when attempting to change lanes. Thus, a driver has a duty to determine the status of the traffic ahead to enable the driver to ascertain whether a lane change can be made safely. See § 316.089(1), Fla....

...HE CRIMINAL TRAFFIC OFFENSE. In the context of this case, we answer the question in the negative and reverse. The facts are not in dispute. On August 11, 1992, Knowles received a traffic citation for failure to drive in a single lane in violation of section 316.089, [4] Florida Statutes *90 (1989)....

...minal violation shall not give rise to any legal disability based on a criminal offense. The term "noncriminal violation" shall not mean any conviction for any violation of any municipal or county ordinance... . Failure to stay within a single lane, section 316.089, does not provide for either fine or imprisonment; and it is not a misdemeanor....

...THOMPSON, J., concurs. DAUKSCH, J., concurs specially with opinion. DAUKSCH, Judge, concurring specially. I concur because I agree Dixon, cited in the majority opinion, applies. I cannot concur otherwise. NOTES [1] § 316.193, Fla. Stat. (1991). [2] § 316.089, Fla. Stat. (1991). [3] Fla.R.App.P. 9.160. [4] Section 316.089, Florida Statutes (1991) provides: 316.089 Driving on roadways laned for traffic....

...[1] Defense counsel pointed out to the court that section 316.003 defines residential and business districts. [2] Counsel also discussed section 316.081, which provides that a vehicle should be driven on the right side of a road if the road is of sufficient width. He *597 also mentioned section 316.089(1), which provides that a vehicle being driven on a road divided into clearly marked lanes should not be moved out of the lane unless the driver has ascertained that it is safe to do so....

...He cited Sunby for failure to maintain a single lane, and arrested him and charged him with DUI. The citation for failing to maintain a single lane was later dismissed because there was no evidence Sunby's driving endangered the officer or anyone else. See § 316.089(1), Fla....

...Whether a defendant has exercised reasonable care under the circumstances is generally for the jury to decide. L.A. Fitness Int'l, LLC v. Mayer, 980 So.2d 550, 556-57 (Fla. 4th DCA 2008) (citing Whitt v. Silverman, 788 So.2d 210, 220 (Fla.2001)). Although not argued, we note that section 316.089, Florida Statutes, provides: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: *590 (1) A vehicle shall be driven...

...been committed in the presence of the officer.” See State v. Potter, 438 So.2d 1085, 1087 (Fla.Dist.Ct.App.1983) (police officer was acting within the authority conferred by § 901.15(5) when making a warrantless arrest for violation of FI. Stat. § 316.089, a civil infraction involving failure to maintain a single lane)....

...his driver's license for refusing to take a breath test. He contends that his arrest for driving under the influence of alcohol (DUI) was unlawful, because there was no probable cause to stop him for failing to maintain a single lane as required by section 316.089(1), Florida Statutes (2005)....

...e center lane of a three-lane highway when Williamson caused the van to cross over the left lane line and then the right, and nearly collide with another vehicle. Crews pulled Williamson over for failing to remain driving in one lane in violation of section 316.089(1), which provides: "A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." Upon obser...

...nly for failure to maintain the vehicle's operation in a single lane. We see no advantage in attempting to discern the lower court's reason for citing Eversole, and instead deny the petition because the evidence supported the stop for a violation of section 316.089(1), and thus the circuit court properly denied Williamson's petition for writ of certiorari. Williamson's claim that the evidence must disclose that the imperiled operator took evasive action or was aware of his or her danger finds no support in section 316.089(1) or pertinent case law....

...driver knew it. In the circuit court cases Williamson relies on in his petition, in which the courts reiterate that another vehicle must be "affected" by the defendants' lane changing or "take evasive action" in order for there to be a violation of section 316.089(1), the courts were adhering to the language therein permitting lane changes if "the driver has first ascertained that such movement can be made with safety." Because the evidence in those cases showed that the defendants who were cha...

because he failed to maintain a single lane. See § 316.089(1) ("A vehicle shall be driven as nearly

...Thus, there was competent, substantial evidence that appellant violated section 316.0875 by “driv[ing] . . . on the left side of any pavement striping designed to mark such no- passing zone.” We note that in a similar context, courts have found that a driver’s failure to maintain a single lane as required by section 316.089, Florida Statutes, does not by itself establish probable cause for a traffic stop unless the driver’s behavior placed other vehicles in danger. See, e.g., Hurd v. State, 958 So. 2d 600 (Fla. 4th DCA 2007). Because section 316.089 prohibits leaving a lane unless it can be done “with safety,” courts have reasoned that “the failure to maintain a single lane alone 4 cannot establish probable cause when the action is done safely.” Hurd, 958 So....

...Vernon Peeples, Jr., appeals his convictions for six drug offenses. All of the charges were based on law enforcement's discovery of drugs and paraphernalia after they stopped Mr. Peeples' automobile for failure to maintain a single lane on a roadway in violation of section 316.089(1), Florida Statutes (2012)....

...Peeples' motion to suppress because the stop of his car was unauthorized—law enforcement did not have a reasonable safety concern based on Mr. Peeples' one failure to maintain a single lane that did not endanger the deputies or anyone else. See Crooks v. State, 710 So. 2d 1041, 1043 (Fla. 2d DCA 1998) ("Section 316.089 is similar to section 316.155, Florida Statutes (1995), governing the use of turn signals, in that a violation does not occur in isolation, but requires evidence that the driver's conduct created a reasonable safety concern."). Accordingly, we reverse Mr....

...North Carolina, 574 U.S. 54, 60 (2014)). USCA11 Case: 21-11428 Date Filed: 11/30/2022 Page: 18 of 58 18 Opinion of the Court 21-11428 from such lane until the driver has first ascertained that such movement can be made with safety. Id. § 316.089(1)....

...Florida courts have made clear that a careless, unusual, or erratic driving pattern within a single lane of traffic may violate this provision. See, e.g., Yanes v. State, 877 So. 2d 25, 26– 27 (Fla. 5th DCA 2004) (stating that “deviat[ing] from [one’s] lane by more than what [is] practicable . . . is a violation of [§ 316.089(1)], irrespective of whether anyone is endangered”); Roberts v. State, 732 So. 2d 1127, 1128 (Fla. 4th DCA 1999) (holding that a driver’s “continuous weaving, even if only within her lane” justified a traffic stop under § 316.089(1))....

...icle strike both the yellow line and white fog line several more times,” Deputy Lee “conducted [the] traffic stop.” Baxter’s erratic driving justified the traffic stop because swerving and weaving is prohibited by Florida law. See Fla. Stat. § 316.089(1); Roberts, 732 So....

to maintain a single lane in violation of section 316.089(1), Florida Statutes (2023). As this determination

...ficer’s report failed to “include a statement that [the officer] believed [Jones] was speeding or impaired,” then concluding that failure to maintain a single lane standing alone did not establish probable cause to support a traffic stop under section 316.089 of the Florida Statutes....

...tive reason for stopping Jones, that is, that Jones had failed to drive within a single lane. By concluding that the facts detailed in Officer Burgos’s report regarding Jones’s deviation from a single lane did not support a stop for violation of section 316.089 of the Florida Statutes, the circuit court applied the wrong law....

...Thus, the Department correctly determined that Jones was lawfully arrested. Because the circuit court failed to apply the correct law when it quashed the Department’s order, we grant the petition sought by the Department, and quash the order of the circuit court. . Section 316.089, Florida Statutes (2005), in pertinent part provides: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehi...

...State, 710 So.2d 1041 (Fla. 2d DCA 1998), and Jordan v. State, 831 So.2d 1241 (Fla. 5th DCA 2002), to support its conclusion that failure to maintain a single lane alone cannot establish probable cause, is misplaced. Crooks involved a traffic stop for violation of section 316.089: premised on officers observations that Crooks had crossed from the right-hand lane into the shoulder or emergency lane to move away from a Highway Trooper intentionally traveling beside him in the left hand lane (while another Trooper followed behind). The court in that case found no probable cause to support a stop for violation of section 316.089(1) because the record did not establish how far into the right-hand lane Crooks drove and thus provided no basis for determining whether he was remaining “as nearly as practicable entirely within a single lane” as required by section 316.089; and (2) because there was no evidence that it was not reasonably safe for him to move into the emergency lane in violation of section 316.089....

...In short, the court correctly determined that the facts provided no objective basis whatsoever for the stop. Jordan similarly turned on a determination that the officer's observations provided no objective basis to support probable cause to initiate a stop either for the reasons stated, that is violation of section 316.089 or for any reason other than that given by the officer.

...ich he is moving; (3) that Section 316.-086 provides that when no-passing zones or markings are in place and clearly visible to an ordinary observant person, no driver shall drive on the left side of the roadway within such no-passing zone; (4) that Section 316.089(1) provides a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved in such lane until the driver has first ascertained that such movement can be made with safety; (5) that 316.183(5) pr...

...-7- wholly irrelevant." Hurd v. State, 958 So. 2d 600, 602 (Fla. 4th DCA 2007) (citing Holland v. State, 696 So. 2d 757, 759 (Fla. 1997)). Here, the transcript reflects that no traffic violation occurred. Section 316.089(1), Florida Statutes (2015), provides in relevant part that [w]henever any roadway has been divided into two or more clearly marked lanes for traffic ....

...This court, along with other Florida appellate courts, has refused to find a violation of this statute where a driver's failure to maintain a single lane did not endanger himself or herself or anyone else. See, e.g., Crooks, 710 So. 2d at 1043 (explaining that a violation of section 316.089 "does not occur in isolation, but requires evidence that the driver's conduct created a reasonable safety concern" and thus reversing appellant's conviction where there was no evidence how far into the right-hand emergency lane app...

...a driver's conduct creates a reasonable safety concern. What may be a reasonable safety concern under one set of facts may not rise to that level under a slightly different set of facts. For that reason, the legislature may want to consider whether section 316.089(1) should be clarified to provide law enforcement with better guidance as to the scope of what constitutes a reasonable safety concern. -8- to probable cause for purposes of a traffic stop,4 there was no testimony that such circumstances existed in this case....

...We hold that because there was no evidence that Peterson's crossing the white 4See Hurd, 958 So. 2d at 603. -9- line on two occasions created a reasonable safety concern, the deputy did not have probable cause to believe that Peterson violated section 316.089(1)....

...Peterson had committed, was committing, or was about to commit a crime. And, therefore, the traffic stop could not be justified on that basis. Because the traffic stop was not supported by probable cause that Peterson had committed a violation of section 316.089(1) or by a reasonable suspicion that Peterson had committed, was committing, or was about to commit a crime, the trial court should have granted Peterson's dispositive motions to suppress....

right, the officers stopped him for violating section 316.089(1), Florida Statutes (1995), which requires

...Officer Garcia's observations on the night in question, which are not disputed by Plaintiff are sufficient to provide an officer with reasonable suspicion to stop a vehicle. Even if Plaintiffs driving on the night in question did not rise to the level of a violation of section 316.089, Florida Statutes, for failure to maintain a lane, Officer Garcia had sufficient grounds to conduct a stop of Plaintiffs vehicle to determine if Plaintiff was impaired....

...If the department then determines that the person was arrested for a violation of s. 316.193 and that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall suspend the person’s driver’s license pursuant to subsection (3).' . § 316.089, Fla....

that such movement can be made with safety." § 316.089(1), Fla. Stat. (2018) (emphasis added). The failure

that such movement can be made with safety." § 316.089(1), Fla. Stat. (2018) (emphasis added). The failure