Florida/Georgia Personal Injury & Workers Compensation

...At the time of the accident Brackin was driving alone although his restricted license required that he be accompanied at all times by a licensed driver who was not less than eighteen years of age and who was actually occupying the front seat of the vehicle. See § 322.16, Fla....

...t that "proximate cause and other elements of actionable negligence must be proven independently." Id. at 201. The district court below interpreted this language to mean that causality has nothing to do with the admissibility of a person's violating section 322.16....

...n driving for almost two years. Boles' case did not rest upon Brackin's inexperience, but rather upon the allegation that Brackin was exceeding the speed limit. We therefore find that the trial court was correct in ruling that Brackin's violation of section 322.16 was not relevant and therefore was inadmissible....

...ar. There is no reason why the Legislature cannot define motor vehicles one way for licensing requirements, and another way for infractions or financial responsibility. The legislature's intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses....

...as required by section 316.193(2)(a)(3), it has the authority to do so. We conclude that the Department does not have the authority to require the installation of this device absent a court order. In support of its argument, the Department relies on section 322.16(1)(a), Florida Statutes (2003), titled "License restrictions." Section 322.16(1)(a) provides: The department, upon issuing a driver's license, may, whenever good cause appears, impose restrictions suitable to the licensee's driving ability with respect to the type of special mechanical control devices required o...

...vehicle. Rather, the purpose of this device is to monitor the operator's blood alcohol level and to prohibit him/her from operating the vehicle if his/her blood alcohol level is in excess of 0.05 percent. Moreover, the Department's interpretation of section 322.16(1)(a) would improperly allow it to impose a criminal penalty that the legislature has not expressly authorized the Department to impose....

...riminal penalty and subjected an appellant to double jeopardy. See Doyon v. Dep't of Highway Safety & Motor Vehicles, 902 So.2d 842, 844 (Fla. 4th DCA 2005). See also Embrey v. Dickenson, 906 So.2d 316, 318 (Fla. 1st DCA 2005) (stating that "[w]hile section 322.16 provides general authority for the Department to impose time and purpose restrictions on drivers' licenses and to effect other administrative measures necessary to ensure the safety of Florida's highways, section 322.16 does not grant the Department the independent authority to impose a criminal punishment.")....

...Instruction 28.10 (Restricted License) is amended to correct the statutory citations to the definitions of “motor vehicle” and “highway.” In addition, a lesser-included offenses table is added to include the offense of attempt. Finally, a note in the Comment is added to provide as follows: “Under § 322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a second-degree misdemeanor. Under § 322.16(6), a violation of a restriction imposed pursuant to another subsection is a moving violation....

...Lesser Included Offenses NO VALID COMMERCIAL DRIVER’S LICENSE — § 322.03 CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO. No Valid Driver’s 322.03 28.9 License Attempt 777,04(1) 51 Comment This instruction was adopted in 2007 [ 958 So.2d 361 ] and amended in 2013. 28.10 RESTRICTED LICENSE § 322.16, Fla....

...“Highway” means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic. Lesser Included Offenses No -lesser included offenses have been identified for this offense; *699 RESTRICTED LICENSE — 322.16 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. None Attempt_777.04(1) 5J Comments Under § 322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a second-degree misdemeanor. Under § 322.16(6), a violation of a restriction imposed pursuant to another subsection is a moving violation....

...s were reinstated, the Department informed petitioner by letter that he would either have to install the device on his vehicles or face revocation of his driver license. Despite the Department's arguments to the contrary, neither section 316.193 nor section 322.16, Florida Statutes (2002), grants the Department authority to require the imposition of the device in the absence of a court order....

...the device upon qualified offenders. See Dickenson, Dep't of Highway Safety & Motor Vehicles v. Aultman, 905 So.2d 169 (Fla. 3d DCA 2005)(holding that Department does not have independent authority to impose device in absence of court order). While section 322.16 provides general authority for the Department to impose time and purpose restrictions on drivers' licenses and to effect other administrative measures necessary to ensure the safety of Florida's highways, section 322.16 does not grant the Department the independent authority to impose a criminal punishment....

...There is no reason why the *1129 Legislature cannot define motor vehicles one way for licensing requirements, and another way for infractions or financial responsibility. The legislature's intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) and (f), which contains specific provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses....

...at the appellee had a learner’s permit or restricted license at the time the two-car vehicular accident occurred and that the appellee was driving in violation of specific restrictions placed on him as a holder of such a permit by Florida law. See Section 322.16, Florida Statutes (1979)....

...te cause and other elements of actionable negligence must be proven independently.” Id. (e. s.) Thus, the causation predicate imposed by Goldner, Dorsett and Corbett have absolutely nothing to do with the issue of admissibility of the violation of Section 322.16(4), 2 which only goes to the issue of actual negligence, including only the elements of duty and breach of duty....

...These include, for example, driving with a license that has been expired for four months or less, § 322.065; driving without carrying a valid license, § 322.15(1); driving at certain times while underage and without being accompanied by an adult, § 322.16(2), (3); and failing to timely update a license after a name or address change, § 322.19....

...did the specialty plate program at issue in Walker. See, e.g., § 322.14, Fla. Stat. (mandating what the Department of Highway Safety and Motor Vehicles must include on licenses); id. § 322.15(1) (requiring that driver licenses not be “faded, altered, mutilated, or defaced”); id. § 322.16 (authorizing the State to impose license restrictions); id....