Florida/Georgia Personal Injury & Workers Compensation

...Respondent directs our attention to the fact that in City of Tamarac the district court found that the trial court's failure to instruct the jury on driving under the influence was reversible error but found that there was no error in the trial court's failure to instruct on section 316.090, Florida *1243 Statutes (1973) (driving on divided highways), and section 316.030, Florida Statutes (1973) (careless driving)....

...The jury could and did find the City negligent in allowing the known dangerous condition to exist. II. In Point II appellant complains that the trial court erred in failing to instruct on: (1) Section 316.028, Florida Statutes (1973), regarding driving while intoxicated; (2) Section 316.090, Florida Statutes (1973), regarding driving on divided highways; and (3) Section 316.030, Florida Statutes (1973), regarding careless driving....

...ial court's refusal to give certain other instructions requested by appellant. Specifically, since this case must once again be tried on the issue of liability, I believe the trial court erred in refusing to give appellant's requested instruction on Section 316.090, Florida Statutes, having to do with driving on divided highways. Of course, if on retrial the court instructs the jury on Sections 316.028 and 316.090, then the court should also grant appellant's requested Standard Instructions 4.9 and 4.11, dealing with the effect of a statutory violation....

...eral direction of the boat, which at this point had pulled into the gas station and convenience store. The detectives then saw Crespo immediately make a left hand turn across the grassy median dividing the north and south bound lanes in violation of section 316.090, Florida Statutes (1995), [1] and pull into the parking lot of the gas station and convenience store....

...ithout addressing the propriety of the search. The driver's undisputed act of driving across the grassy median which divided the north and south bound traffic was a civil traffic violation for which he could have been cited by the police pursuant to section 316.090(2)....

...1st DCA 1992)("A mere passenger normally does not have standing to contest the search *837 of a car in which he is riding."); State v. Davis, 415 So.2d 82, 84 (Fla. 4th DCA 1982). We therefore reverse the order under review and remand for further proceedings. NOTES [1] Section 316.090 "Driving on divided highways" provides as follows: (1) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to...

...4th DCA 1981), overruled on other grounds, Seaboard Coastline Railroad v. Addison, 502 So.2d 1241 (Fla.1987), plaintiff's vehicle left the roadway and struck, in the median, a large boulder which was located six feet from the edge of the paved surface of the road. Notwithstanding the existence of section 316.090, Florida Statutes, prohibiting vehicles from driving on the median, this court rejected the city's argument that it owed no duty to plaintiff....

...Because of his physical condition, petitioner neither affirmatively consented to the test, nor did he object. Also while in the hospital, petitioner was served with a citation for the non-criminal traffic infraction of failing to drive on the proper side of a divided highway, contrary to Section 316.090, Florida Statutes (1977)....