Florida/Georgia Personal Injury & Workers Compensation

...In reviewing a motion to suppress, a trial court’s findings of fact are reviewed for whether there is competent, substantial evidence to support the findings, whereas a trial court’s findings of law are reviewed de novo. See Calabro v. State, 995 So. 2d 307, 311 (Fla. 2008). The State notes that section 316.0875, Florida Statutes, prohibits both passing and driving to the left of the pavement striping in no-passing zones: (1) The Department of Transportation and local authorities are authorized to determine those portions of an...

...nor to the driver of a vehicle turning left into or from an alley, private road or driveway. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. § 316.0875, Fla....

...that the vehicle was partially in the oncoming lane of traffic, was competent, substantial evidence that appellant violated the traffic control device of double yellow lines. Thus, there was competent, substantial evidence that appellant violated section 316.0875 by “driv[ing] ....

...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. 2d at 603. * In contrast, section 316.0875 does not permit crossing solid double yellow lines even if it can be done safely, unless one of the exceptions in subsection (3) applies. Instead, it states “no driver shall at any time drive . . . on the left side of any pavement striping designed to mark such no-passing zone.” § 316.0875(2), Fla....

...Pamela Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We affirm the convictions entered in this case. The arresting officer had probable cause to stop appellant pursuant to section 316.0875, Florida Statutes (2013)....