316.071 Disabled vehicles obstructing traffic.—Whenever a vehicle is disabled on any street or highway within the state or for any reason obstructs the regular flow of traffic, the driver shall move the vehicle so as not to obstruct the regular flow of traffic or, if he or she cannot move the vehicle alone, solicit help and move the vehicle so as not to obstruct the regular flow of traffic. Any person failing to comply with the provisions of this section shall be cited for a nonmoving violation, punishable as provided in chapter 318.
Cited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 382271
...Also, the officer in this case had two valid bases of authority for ordering defendant out of his vehicle. Because his minivan was a disabled vehicle obstructing traffic, defendant could be legally detained for a traffic violation, and the officer was thus authorized to order defendant to exit the vehicle. See § 316.071, Fla....
...the evidence must be viewed in the nonmoving party's favor. Tenny v. Allen, 858 So.2d 1192, 1195 (Fla. 5th DCA 2003). We are constrained to view the evidence in the same light. Wright v. Ring Power Corp., 834 So.2d 329, 330 (Fla. 5th DCA 2003). [2] Section 316.071, Florida Statutes (2003), provides: Whenever a vehicle is disabled on any street or highway within the state or for any reason obstructs the regular flow of traffic, the driver shall move the vehicle so as not to obstruct the regular...
...icle on the “paved part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway” unless “highway conditions render such parking off the paved portion of the highway hazardous or impractical.” Section 316.071, Florida Statutes (1977), included in the charge to the jury, requires that the driver of a disabled vehicle which obstructs the regular flow of traffic move the vehicle “so as not to obstruct the regular flow of traffic or, if he c...
This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
