CopyCited 201 times | Published | Court of Appeals for the Eleventh Circuit
...ly and voluntarily. Accordingly, the judgment of the district court is due to be AFFIRMED. 1 . These facts were established either in the videotape of the incident or by testimony at the hearing on the motion to suppress. They are not contested. 2 . Section 316.0895 of the Florida Statutes provides that "[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.” 3 ....
CopyCited 20 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 309, 2001 Fla. LEXIS 963, 2001 WL 490920
...The burden to produce that evidence was upon Pierce. Even on this appeal, Pierce has not contended that there was any material evidence of negligence on the part of Tiroff or Reaves other than the fact each ran into a preceding vehicle. Pierce,
582 So.2d at 714-15 (citation omitted). [8] See section
316.0895(1), Florida Statutes (1993), which provides in relevant part:
316.0895 Following too closely. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway...
CopyCited 16 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 133, 2000 Fla. LEXIS 90, 2000 WL 185495
...[10] The traffic regulations require that the "driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway." § 316.0895(1), Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1999 WL 1062521
...their convictions. We agree and reverse. On Sunday, June 21, 1998, Brian Green was driving a car owned by the wife of George Earle. Deputy Robert Kohl stopped the car on Interstate 95 for the traffic infraction of following too closely, contrary to section 316.0895(1), Florida Statutes (1999)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 86355
...careless manner and that he drove it *998 without regard for other traffic on the highway in such a manner as to endanger the life of other people. Appellants argue that even though the court gave an instruction on following too closely pursuant to § 316.0895(1), they were prejudiced by the court's failure to give an instruction on careless driving, given appellees' arguments that the following too closely statute was designed only to protect the car ahead being tailgated, coupled with the cou...
...rom making any argument to the contrary. The trial court did not give the requested jury instruction because it felt that "it is doubled up to give careless and reckless [instruction] as well [as the instruction on following too closely contained in § 316.0895(1)]" (T....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1989 WL 139516
...5th DCA 1989); See also State of Delaware v. Prouse,
440 U.S. 648,
99 S.Ct. 1391, 1394,
59 L.Ed.2d 660 (1979). Trooper Vogel testified that he stopped the car to issue a warning for following another vehicle too closely, a minor traffic violation under section
316.0895....
...r profile." [2] Vogel immediately pulled out from the median and confirmed that the vehicle was travelling at the legal rate of fifty-five miles per hour. He also observed that the car was following too closely behind another vehicle in violation of section 316.0895....
...Therefore, we affirm the trial court's finding that Trooper Vogel made a valid initial stop of the car. The defendants argue that Vogel's testimony is tantamount to an admission that a reasonable officer probably would not have stopped this vehicle, and on these facts, section 316.0895 affords no basis upon which to justify the stop....
...ity in the area of curtailing drug trafficking on the arterial highways of Florida." Cresswell v. State,
524 So.2d 685 (Fla. 5th DCA 1988) (Cobb, J., concurring specially). Despite the temptation to do otherwise, I am compelled to dissent. NOTES [1] Section
316.0895, Florida Statutes (1985) provides in pertinent part: (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of the highway....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1989 WL 4299
...ito, who stopped Porcher's car. Deputy Scragg, who was driving an unmarked car and was specifically assigned to a drug interdiction program, testified that he observed Porcher following a truck too closely, which would have justified a traffic stop. § 316.0895, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 WL 2972
...Plaintiff Brenda Robinson testified that the posted speed limit on the bridge is 45 miles per hour. Based upon the above evidence, the plaintiffs requested the following jury instructions, as an adaptation of Florida Standard Jury Instruction (Civil) 4.11: Florida Statute § 316.0895 FOLLOWING TOO CLOSELY states: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the conditions of, the highway." Violation of this statute/ordinance is evidence of negligence....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 2022
...e distance the second accident would not have occurred. This evidence was sufficient to present a jury question on the issue of negligence. See Lee v. Dunnigan,
384 So.2d 165 (Fla. 2d DCA 1980); Rivenbark v. Johns,
205 So.2d 711 (Fla. 1st DCA 1968); §
316.0895 Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10845, 2010 WL 2925351
...nce concerning Mickell giving a false name to the arresting officer after a traffic stop. The state's sole witness was Trooper Raymond Stuhr. At about 11:00 p.m., he pulled over a car on Interstate 95 for the infraction of following too closely. See § 316.0895(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 592, 1986 Fla. App. LEXIS 6700
expected conditions. This is a clear violation of section
316.0895, Florida Statutes (1983), and constitutes
CopyPublished | Court of Appeals for the Eleventh Circuit
...The rental agreement was not in Shon Purcell’s name,
and although he was listed as an additional driver, his name had been crossed out.
1
These facts were established either in the videotape of the incident or by testimony at the
hearing on the motion to suppress. They are not contested.
2
Section 316.0895 of the Florida Statutes provides that “[t]he driver of a motor vehicle
shall not follow another vehicle more closely than is reasonable and prudent, having due regard
for the speed of such vehicles and the traffic upon, and the con...
CopyPublished | Court of Appeals for the Eleventh Circuit
...Honorable Henry A. Politz, U.S. Circuit Judge for the Fifth Circuit, sitting by designation.
1
These facts were established either in the videotape of the incident or by testimony at the hearing on
the motion to suppress. They are not contested.
2
Section 316.0895 of the Florida Statutes provides that "[t]he driver of a motor vehicle shall not
follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of
such vehicles and the traffic upon, and the condi...
