CopyCited 13 times | Published | Supreme Court of Florida | 2004 WL 1171315
...nce...."). [n.2] The Legislature may indirectly cede discretion to the courts by employing language that commonly requires judicial construction. Examples of such language include "careful and prudent," "reasonable," and "probable cause." See, e.g., § 316.1925, Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 2002 WL 31600039
...(2001) ("A court may impose a departure sentence outside the sentencing guidelines based upon circumstances or factors which reasonably justify the aggravation or mitigation of the sentence...."). [14] Examples of such language include "careful and prudent," "reasonable," and "probable cause." See, e.g., § 316.1925, Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 2002 WL 31519926
...ence...."). [10] The Legislature may indirectly cede discretion to the courts by employing language that commonly requires judicial construction. Examples of such language include "careful and prudent," "reasonable," and "probable cause." See, e.g., § 316.1925, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 7125, 1990 WL 134773
...ants 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 compared with the negligence, if any, of the defendants, in assessing the amount of reasonable damages....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 86355
...ficer's appearance in boots and belt, coupled with 22 years as an officer, could have influenced the jury.
493 So.2d at 31. Next, appellants contend the trial court erred in not giving their requested jury instruction on careless driving pursuant to §
316.1925, Fla....
...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. 387). The trial court's refusal to give appellants' requested jury instruction based on §
316.1925, Fla....
...e that told the jury what the statutes of Florida required of the defendant truck driver. The judgment is REVERSED and the case is REMANDED for a new trial. SHIVERS and THOMPSON, JJ., concur. NOTES [1] Appellants requested the following instruction: Section 316.1925 (1979) Careless Driving....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21713681
...Thus, the State must necessarily adduce evidence showing conduct at least sufficient to constitute reckless driving which is defined as involving a "willful or wanton disregard for the safety of persons or property." See §
316.192, Fla. Stat. (2000). Merely proving careless driving, see §
316.1925, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...d as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. § 316.1925, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 27507
...al orders and remand for further proceedings. CERTIFIED QUESTION ANSWERED; dismissal and suppression orders QUASHED; REMANDED. HARRIS, J., concurs. DAUKSCH, J., concurs in conclusion only without opinion. NOTES [1] §
316.192, Fla. Stat. (1989). [2] §
316.1925, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 125108
...ess driving. Thus, the evidence adduced in this case constituted an insufficient basis upon which to believe that it was Robinson who spun his wheels and slammed on his brakes and that those actions were in violation of the careless driving statute, § 316.1925, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 20703
...Turco moved for a new trial, a mistrial, a judgment not withstanding the verdict, and a remittitur. The trial court granted only the motion for remittitur. Turco appeals the final judgment as amended by the order granting remittitur. Turco argues that the trial court erred in allowing into evidence a copy of section 316.1925, Florida Statutes (1985), the "careless driving" statute, which the court later read to the jury as an instruction....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 12477, 2015 WL 4931387
...ecause,
absent other articulable facts, squealing tires do not constitute a traffic
infraction or other “danger to public safety.” Id. at 859.
Unlike Hurd and Donaldson, the Deputy in the instant case observed
Appellant violate traffic laws. Section 316.1925(1), Florida Statutes
(2013), states: “Any person operating a vehicle upon the streets or
highways within the state shall drive the same in a careful and prudent
manner ....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9414, 1993 WL 356914
...Joyce,
361 So.2d at 407 (footnote and citations omitted). Accordingly, it is clear that simple negligence, standing by itself, cannot constitute a criminal act. For example, as applied to the operation of a motor vehicle, the offense of “careless driving” provided in section
316.1925, Florida Statutes (1991), is a traffic infraction punishable by a civil penalty pursuant to section
316.655(1)(3), Florida Statutes (1991), rather than criminal sanctions....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 13152, 2002 WL 31015531
...However, because there was at least some record evidence that Mrs. Cosmides had stopped as she exited her driveway, we find no error in the trial judge’s decision not to grant a directed verdict. Beeman also argues that the trial judge should have granted his request to *513 have section
316.125 as well as section
316.1925, Florida Statutes(2001), 3 the careless driving section, submitted to the jury....
...no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard. . Section 316.1925 provides: (1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, comers, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7721, 1990 WL 149785
...Prior to trial, the Department filed a motion in limine to preclude reference to an administrative disciplinary proceeding conducted by the Department against Trooper Allen, as a result of the accident. In this proceeding, the Department determined that Trooper Allen had violated section 316.1925, Florida Statutes, and Florida Highway Patrol Policy Manual Chapter 9.00.00, dealing, respectively, with careless driving and safe and skillful operation of police vehicles....
CopyPublished | Court of Appeals for the Eleventh Circuit
...were illegally tinted and wrote Wilson citations for: (1) unlawfully speeding at 56
miles per hour in a 40-mile-per-hour zone, in violation of Fla. Stat. §
316.189;
(2) careless driving by opening the driver’s side door while driving, in violation of
Fla. Stat. §
316.1925(1); (3) illegally tinted windows, in violation of Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 3, 1986 Fla. App. LEXIS 10991
and with careless driving in violation of section
316.1925, Florida Statutes. The defendant filed a motion
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 5068
...Lesser Included Offenses No civil traffic infraction shall be considered a lesser included offense of any criminal traffic offense. As an example, where a person is cited for the criminal traffic offense of reckless driving pursuant to section
316.192, Florida Statutes, careless driving, section
316.1925, Florida Statutes, which is a traffic infraction, shall not be considered a lesser included offense of the reckless driving charge....
CopyPublished | Florida 6th District Court of Appeal
...state shall drive the same in a careful and prudent manner, having
regard for the width, grade, curves, corners, traffic, and all other
attendant circumstances, so as not to endanger the life, limb, or property
of any person.
§ 316.1925(1), Fla....
CopyPublished | District Court, N.D. Florida
...ns, Section 634.25. (Doc. 1). On December 12, 2018, Leekley and his attorney appeared for a change of plea hearing. The government orally moved to amend count one of the information to charge Leekley with careless driving, in violation of Fla. Stat. § 316.1925 ....
