CopyCited 195 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 30726, 55 U.S.L.W. 2202
...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....
CopyCited 33 times | Published | Florida 2nd District Court of Appeal | 1998 WL 264840
...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....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1999 WL 89743
...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....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2007 WL 1827428
...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)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...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....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2004 WL 1175261
...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....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 WL 31777831
...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...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 10776, 2006 WL 1787891
...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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2002 WL 518537
...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 trafficeven stopped or stopping trafficwhen 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....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1993 WL 383000
...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....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 1412065
...[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....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21203345
...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....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4723599
...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...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 1910194
...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...
CopyCited 1 times | Published | District Court of Appeal of Florida
because he failed to maintain a single lane. See §
316.089(1) ("A vehicle shall be driven as nearly
CopyPublished | Florida 1st District Court of Appeal
...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....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 13006, 2015 WL 5139404
...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....
CopyPublished | Court of Appeals for the Eleventh Circuit
that such movement can be made with safety. Id. §
316.089(1). Florida courts have made clear that a careless
CopyPublished | Florida 5th District Court of Appeal
to maintain a single lane in violation of section
316.089(1), Florida Statutes (2023). As this determination
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20152
roadway within such no-passing zone; (4) that Section
316.089(1) provides a vehicle shall be driven as nearly
CopyPublished | District Court of Appeal of Florida
traffic violation occurred. Section
316.089(1), Florida Statutes (2015), provides in relevant
CopyPublished | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 37016, 2008 WL 1848354
...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....
CopyPublished | Florida 5th District Court of Appeal
that such movement can be made with safety." §
316.089(1), Fla. Stat. (2018) (emphasis added). The failure
CopyPublished | Florida 5th District Court of Appeal
that such movement can be made with safety." §
316.089(1), Fla. Stat. (2018) (emphasis added). The failure
