CopyCited 18 times | Published | Florida 1st District Court of Appeal
...I sat on the case and listened. As far as an appeal is concerned, it would be an idle gesture... ." [2] Roy v. State,
207 So.2d 52 (2 Fla.App. 1967). [3] North Carolina v. Pearce,
395 U.S. 711,
89 S.Ct. 2072,
23 L.Ed.2d 656 (1969). [4] Florida Statute
316.183(2)(e).
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...structions, the denial of which were assigned as error. We agree that the denial of the instruction based on Fla. Stat. § 316.030, "Careless driving," was not error. In a like manner, we agree with the court's denial of an instruction on Fla. Stat. § 316.183, "Unlawful speed" was not error....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1993 WL 182478
...Clearly this is untimely, as the purpose of identifying the objectional juror is to allow the trial court to correct the problem before the jury is seated. We find merit in appellants' second claim that the trial court erred in refusing to give appellants' requested instruction on unlawful speed based on section 316.183, Florida Statutes (1989)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 7125, 1990 WL 134773
...[12] JURY INSTRUCTION ON COMPARATIVE NEGLIGENCE BASED ON POSSIBLE TRAFFIC INFRACTION BY PLAINTIFF The defendants appeal the trial court's denial of the defendants' request that the jury be instructed in accordance with Standard Jury Instruction 4.11 that if the jury found that the nominal plaintiff Linda violated either section
316.183 (unlawful speed) or section
316.1925 (careless driving) the jury was permitted to consider that fact in determining if the plaintiff Linda was guilty of negligence which contributed to causing the accident which negligence should be c...
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1993 WL 366882
...evidence of negligence, we reverse as to the lower court's failure to give instructions relating to (1) Section
316.1235, Florida Statutes (1989), requiring a vehicle to stop when approaching an intersection where traffic lights are inoperative; (2) Section
316.183, Florida Statutes (Supp....
...Gerard,
611 So.2d 605 (Fla. 1st DCA 1993); Sotuyo v. Williams,
587 So.2d 612 (Fla. 1st DCA 1991); Hammond v. Jim Hinton Oil Co.,
530 So.2d 995 (Fla. 1st DCA 1988). Finally, we agree that the trial court erred in refusing to instruct the jury that a violation of section
316.183, relating to unlawful speed, was evidence of negligence....
...quently exceeded the speed limit there. Thus, contrary to the requirement of section
316.076, providing that a motorist approaching an intersection with a flashing caution signal should proceed through the intersection only with caution, and that of section
316.183, stating that speed shall be appropriately reduced when approaching and crossing an intersection, Massey was in effect allowed to inform the jury that Pierce could ignore an operative caution signal and drive into the intersection within the legal maximum or at an excessive speed....
CopyCited 8 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 735, 2012 WL 5869641, 2012 Fla. LEXIS 2415
within the foreseeable zone of danger. See, e.g., §
316.183(5), Fla. Stat. (2012) (State Uniform Traffic Control
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 204620
...Appellant asserts that the trial court erred in (1) refusing to admit into evidence the truck route ordinance of the city of Fort Walton Beach, and (2) refusing to give standard jury instruction 4.11 regarding alleged violations of the Florida Uniform Traffic Control Law, specifically section
316.183(1), Florida Statutes, relating to unlawful speed, and section
316.185, Florida Statutes, relating to special hazards....
...Additionally, evidence was presented concerning the street itself, including number of lanes, the width of lanes, amount of traffic, and the fact that the street was in a residential neighborhood. At trial, the plaintiff sought jury instructions pursuant to Florida Standard Jury Instruction 4.11 in reference to violations of section
316.183, Unlawful Speed, and section
316.185, Special Hazards, based upon an argument that Williams should have reduced his speed below the 25 mile per hour requirement on Wright Parkway. Section
316.183(1) provides that [n]o person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential *614 hazards then existing....
...The jury is entitled to guidance on the requirements of statutes and the effect a violation of a statute would have on its deliberations. Seaboard Coast Line, supra at 502. In the instant case, appellant argues that the jury could reasonably infer, because of appellee's failure to decrease his speed, that a violation of section 316.183(1) (unlawful speed), occurred....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2561
...There was evidence that the train and the truck were exceeding indicated speed limits when the accident occurred. The case was submitted to the jury. The trial court refused to give certain instructions requested by Seaboard as to Sections
316.1575 and
316.183, Florida Statutes (1983). Section
316.1575 obligates a driver to stop within 15' of railroad tracks when a train blows its whistle 1500' from the crossing and is an immediate hazard; Section
316.183 requires appropriately reduced speed at railroad crossings....
...ly presented to the jury and it was not misled, the failure to give requested instructions is not error. Guy v. Kight,
431 So.2d 653 (Fla. 5th DCA 1983). The jury instructions as reflected in the record clearly encompass the requested instruction on Section
316.183 (appropriately reduced speed) as the jury was informed that violation of the speed limit by either party was evidence of negligence....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1994 WL 234521
...risdiction when in fresh pursuit. Fresh pursuit includes "pursuit of a person who has violated a county or municipal ordinance or chapter 316 or has committed a misdemeanor." §
901.25(1), Fla. Stat. Travelling at an unlawful speed is a violation of section
316.183, Florida Statutes (1991)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 121493
...an intersection or alley, private road, et cetera, shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. Under Florida Statutes section 316.183(1), no person shall drive a vehicle on a street, highway, or road at a speed greater than is reasonable and prudent under the conditions and have regard for the actual and potential hazards then existing....
CopyCited 4 times | Published | District Court, M.D. Florida | 1978 U.S. Dist. LEXIS 16880
...On January 31, 1977, defendant-appellant, LCDR William Alexander Block, M.D., was stopped for speeding at the Naval Air Station in Jacksonville, Florida. By radar, Dr. Block was determined to be driving at least 40 m. p. h. more than 1,000 feet before a 40 m. p. h. speed sign. Dr. Block was ticketed for violating Fla.Stat. § 316.183, which together with Fla.Stat....
...rt. Fed.R.P.Min.Off. 8(d). United States v. Fletcher,
344 F.Supp. 332, 335 (E.D.Va.1972). The facts as found by the Magistrate are not in dispute on this appeal. The sole issue presented on appeal is purely one of law. It is whether, under Fla.Stat. §
316.183, as applied to the federal naval base by 18 U.S.C....
...The speed limit sign for a faster speed zone does not require that a motorist be driving at the faster speed when he reaches the sign, but simply allows him to begin doing so once he has reached the sign. Faster speed zones are permissive. The Court holds therefore that, under the provisions of Fla.Stat. § 316.183 (via 18 U.S.C....
...t reduce his speed to the slower speed zone by the time he reaches its speed limit sign, while he may increase his speed up to the faster speed zone, after he has reached its speed limit sign. The absence of reported decisions interpreting Fla.Stat. § 316.183 does not mean that its meaning was unknown or not understood....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 8352
...In our judgment, this rule is clearly satisfied by the undisputed facts of this case. What Gatterello both saw and heard fully and objectively supported his suspicion that Eady was going too fast under the circumstances and was thus guilty of a violation of the law. See § 316.183(1), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 WL 2972
...If you find that a person alleged to have been negligent violated such a traffic regulation, you may consider that fact, together with the other facts and circumstances, in determining whether such person was negligent. * * * * * * Florida Statute § 316.183 UNLAWFUL SPEED states: "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards, then existing....
...In denying the two requested instructions, the lower court commented that it considered the instructions given adequately covered the requested instructions. [1] In regard to the unlawful speed instruction in particular, the court apparently agreed with the defendants' arguments that Section 316.183(1), Florida Statutes (1985), upon which the unlawful speed instruction was based, does not apply to violating the posted speed limit and that such would be an improper comment on the evidence, because the court stated that there was c...
...on. The special hazards instruction specifically charged the jurors that a motorist shall reduce his or her speed when confronted with an existing or potential special hazard. Although the existence of such hazards is a factor to be considered under section 316.183(1), relating to unlawful speed, it is not an essential factor, as is required under the special hazards statute....
...Moreover, as the special hazards instruction given did not cover appellants' theory of the case, see Sotuyo v. Williams,
587 So.2d 612 (Fla. 1st DCA 1991), the failure to give the requested instruction was error, requiring reversal. Nor do we agree with appellees' argument that section
316.183(1) does not apply under the circumstances, or that appellants were required to request an instruction under Section
316.189, Florida Statutes (1985), pertaining to the establishment of posted speed limits. Section
316.183(1) relates to speed that is unreasonable or imprudent under the existing conditions, regardless of whether the driver is exceeding *608 the posted speed limit....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 483025
...t, such a sighting is evidence that the defendant failed to conform to even that basic standard of care which would have made him aware of the presence of children. Appellants next argue that the trial court erred in refusing to instruct the jury on section 316.183(2) & (3), Florida Statutes (Supp.1990), in conjunction with Florida Standard Jury Instruction (Civil) 4.11. [1] Section 316.183(2) & (3) provided: 316.183 Unlawful speed....
...locations. (3) No school bus shall exceed the maximum speed limits provided in subsection (2). The school board contends that section
316.189, Florida Statutes (Supp.1990), allowed counties and municipalities to override the general speed limits of section
316.183 and that the posted speed limit on Stirling Road was 45 miles per hour. Appellants counter that section
316.183(3) established a maximum speed limit of 30 miles per hour for a school bus in a business or residential district. We hold that the statute in force at the time of the accident established a speed limit unique to school buses. To gauge the statutory purpose behind section
316.183(3), it is proper to trace the evolution of the legislature's regulation of the speed of school buses. See Vildibill v. Johnson,
492 So.2d 1047, 1049 (Fla.1986); 49 Fla. Jur.2d Statutes § 171 (1984). The 1990 version of section
316.183(3) was in place from 1976 to 1994....
...lish a statewide speed limit for school buses not subject to local control. The 1976 amendment preserved a special statewide speed limit for school buses. After the general description of a speed limit applicable to "all vehicles" in subsection (2), section 316.183(3) isolates school buses from all other types of vehicles and declares that the maximum speeds in the preceding paragraph not be exceeded....
...Where there is in the same statute a specific provision, and also a general one that in its most comprehensive sense would include matters embraced in the former, the particular provision will nonetheless prevail. Fletcher v. Fletcher,
573 So.2d 941, 942 (Fla. 1st DCA 1991). Section
316.183(3), Florida Statutes (Supp.1990), applies a special rule to school buses, requiring them to abide by a 30 mile per hour speed limit in business and residential districts, regardless of posted signs....
...[3] The jury should have been instructed on the higher standard of care applicable to the situation. Without standard instruction 4.12, the jury was unaware of the legal standard governing a motorist's duty towards children. The absence of the charge based on section 316.183(3) deprived appellant of some evidence of negligence, where the bus driver admitted exceeding 30 miles per hour, but claimed to be going slower than the posted speed limit....
...[2] We note that in 1994 the legislature effected a substantial change by amending the statute to read, "No school bus shall exceed the posted speed limits, not to exceed 55 miles per hour at any time." Ch. 94-306, § 17, at 2104-05, Laws of Fla. (codified at § 316.183(3), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 31691
...They argue that in order to return a verdict in favor of appellee, the jury had to totally ignore the applicable law of negligence. Appellants contend that Eisenman's admission that he exceeded the lawful speed limit at the time and place of the accident proved a violation of section 316.183(1), pertaining to excessive speed, and that this violation gave rise to a prima facie presumption of negligence in accordance with Standard Jury Instruction 4.11....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
jury instruction requested by Jones based on section
316.183(5): No person shall drive a motor vehicle at
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 19703, 2014 WL 6778291
...State traffic laws provide that "[n]o
person shall drive a motor vehicle at such a slow speed as to impede or block the
normal and reasonable movement of traffic, except when reduced speed is necessary
for safe operation or in compliance with law." § 316.183(5), Fla....
...The left lane was empty, traffic was
otherwise light, and the detective himself had no difficulty pulling past the vehicles to
reach the lead car. While the posted speed was 65 miles per hour, the minimum speed
on this part of the highway was 40 miles per hour. See § 316.183(2)....
...Thus, at 45 miles
per hour, the subject vehicle was traveling within the permissible range. Manifestly, the
-3-
vehicle was not being driven at such a slow speed as to impede or block the normal
flow of traffic in violation of section 316.183(5).
The circuit court held the stop was lawful based on the detective's concern
that the car's slow speed was caused by a possible medical problem with the driver.
The detective testified that his "only other concern ....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4360
thirty-five-mile-per-hour zone in violation of section
316.183, Florida Statutes (1977). The validity of this
CopyPublished | Florida 5th District Court of Appeal
jury instruction requested by Jones based on section
316.183(5): No person shall drive a motor vehicle at
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
50 miles per hour or more in violation of section
316.183(2),316.187, or
316.189, it does not, in my
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20152
operation or in compliance with the law; (6) that §
316.183(1) provides that no one shall drive at a speed
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 20071
entitled “Criminal Offenses”4 and a violation of section
316.183, Florida Statutes (1979) (with which DuPont
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
limits within the provisions of Chapter 316.8 Section
316.183(2), Florida Statutes, provides: "On all streets
CopyPublished | District Court, N.D. Florida
of the posted speed limit, in violation of Section
316.183, Florida Statutes, and Title 32, Code of Federal
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
sections
316.183 and
316.189, Florida Statutes. Section
316.183, Florida Statutes, addresses unlawful speed
