Florida/Georgia Personal Injury & Workers Compensation

...A conviction for either obstructing a law enforcement officer or battery on a law enforcement officer requires proof that the officer was engaged in the performance of a lawful duty. Taylor v. State, 740 So.2d 89, 90 (Fla. 1st DCA 1999). The arresting officers were authorized to stop Osuji based upon section 316.074(2), Florida Statutes (2000) ("No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device." [2] ) and section 316.155 (requiring use of turn signal). Violation of this statute constitutes a noncriminal traffic infraction, § 316.074(2), .155(5), for which an individual may be stopped by law enforcement....

...Court, appellate division. The circuit court reversed the trial court’s order in part, finding that since “the statute plainly states that photographic or electronic images or streaming video are admissible and evi *71 dence that a violation of section 316.074(1) [3] or section ai6.075(l)(c)(l) [4] occurred, this evidence is self-authenticating, and it was error that the trial court did not automatically admit this evidence at the hearing.” Petitioners now seek cer-tiorari review on the s...

...(2012) ("Authentication or identification of evidence is required as a condition precedent to its admissibility.”). . Section 316.0083(l)(e), Florida Statutes (2012), provides, in full: The photographic or electronic images or streaming video attached to or referenced in the traffic citation is evidence that a violation of s. 316.074(1) or s....

...when the driver failed to stop at a traffic signal has occurred and is admissible in any proceeding to enforce this section and raises a rebuttable presumption that the motor vehicle named in the report or shown in the photographic or electronic images or streaming video evidence was used in violation of s. 316.074(1) or s. 316.075(l)(c)l. when the driver failed to stop at a traffic signal. § 316.0083(l)(e), Fla. Stat. (2012) (emphasis added). 3. Section 316.074(1), Florida Statutes (2012), provides: The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. § 316.074(1), Fla....

...Fairly quickly into their encounter, Officer Diaz asked Creller if he could search the vehicle. Creller said no, at which point Officer Diaz called for a K-9 unit. 2. He cut through the parking lot of a gas station to avoid a red light in violation of section 316.074(2), Florida Statutes (2018). Creller, 336 So....

travel. Cf. AGO's 075-123, 073-323, 072-383. Section 316.074(1) requires the driver of any vehicle to obey

...than those who reside on the street or who are invitees of persons who reside on the street? 2. If the answer to Question One is in the affirmative, can motorists who fail to obey such a sign be cited by a law enforcement officer for a violation of section 316.074 , Florida Statutes? Your questions are interrelated and can be answered together....

...the right of the public to use such roadways for the exclusive benefit of the home owners in the area and their invitees. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 316.002 , Fla. Stat. 2 Section 316.640 (3)(a), Fla. Stat. 3 And see s. 316.0745 (4), Fla....

(1993). . § 316.193, Fla.Stat (1993). . § 316.074, Fla.Stat. (1993). . § 316.1925, Fla.Stat. (1993)

express and direct conflict with Arem. . See also § 316.074(1), Fla. Stat (2105) (requiring drivers to obey

...He contends that Chapter 316 “sets forth the rules of the road pertaining to photo-enforced red lights, while Chapter 318 contains the provisions relating to infractions and civil penalties.” Id. He points to the fact that § 316.0083(1)(a) authorizes traffic enforcement officers to issue citations for violations of § 316.074(1), which requires drivers to obey the commands of “any official traffic control device,” and § 318.18 provides for penalties “for a violation of § 316.074(1).” Fla. Stat. §§ 316.0083(1)(a), 316.074(1), 318.18(15)(a)(1). Pincus maintains that his violation of § 316.074(1) was assessed under § 318.18, and therefore § 318.121’s no-surcharge rule applies. Pincus’s second argument focuses on the text of the provision setting forth the no-surcharge rule itself....