Florida/Georgia Personal Injury & Workers Compensation

...[5] It is a first-degree misdemeanor to carry a concealed weapon. See § 790.01(1), Fla. Stat. (1995). [6] The same phrase is used in section 790.001(3)(a). [7] We note that sections 316.2952-316.2956, Florida Statutes (1997), enacted in 1984, prohibit excessively tinted automobile windows. Section 316.2953 provides that the side windows of an automobile may only have a coating or tinting with a "solar reflectance on visible light of not more than 25 percent as measured on the nonfilm side and a light transmittance of at least 28 percen...

...Adkisson then stuck his hand through the open window to unlock the car door. He told her that he was going to search her car. The motor was still running, and she did not turn it off, so he reached in to pull the keys out of the ignition. She 2 Florida Statute § 316.2953. 3  Case: 14-12801 Date Filed: 05/15/2015 Page: 4 of 23 resisted....

...g the traffic stop are irrelevant. Whren v. United States, 517 U.S. 806, 813, 116 S. Ct. 1769, 1774 (1996). Under Florida law, it is a traffic violation to drive with illegal tints, and it provides a valid basis for a traffic stop. See Fla. Stat. § 316.2953. The district court conducted an evidentiary hearing on the motions to suppress and found probable cause existed for the traffic stop....

...On appeal, Appellant argues that the lower court erred because the traffic stop progressed into an investigative detention without reasonable suspicion. We disagree. Appellant was validly stopped because his car’s window tint appeared, and was in fact, too dark. See § 316.2953, Fla....

....263 (maintenance of brakes), § 316.271 (horns and warning devices), § 316.272 (exhaust system), § 316.293 (noise), § 316.2935 (air pollution control equipment), § 316.2937 (emissions standards), § 316.294 (mirrors), § 316,2952 (windshields), § 316.2953 (side windows), § 316.2954 (windows behind driver), § 316.2955 (window sunscreening material), § 316.299 (ban on rough surfaced wheels), § 316.303 (ban on television receivers), § 316.304 (ban on headsets), §§ 316.500-316.555 (weig...

...ished. The sergeant did not conduct a patdown or search at that time. Using a tint meter, the sergeant determined that the tinting registered a 5% transmittance ratio when any reading below 28% was a violation of the uniform traffic control law. See § 316.2953, Fla....

...The trial court disagreed and denied the motion. Defendant argues on appeal that the statutory interpretation was error. Defendant points out that another statute limits window tinting on all windows forward of, or adjacent to, the operator's seat. § 316.2953, Fla....

...ion 316.2954 does not encompass the window located in the rear-seating compartment—the one behind the passenger—because it is not in a straight line behind the driver. We do agree that the windows in the rear seating compartment are outside of the section 316.2953 definition because they are neither forward of nor adjacent to the driver's seat....

...whatever was on the vehicle, before the tint was actually installed on the vehicle. I just don’t find that he met his requirements of probable cause by just thinking that, if I can’t see through it, therefore, it’s illegal. 1 Pursuant to section 316.2953, Florida Statutes (2013), the restriction as to sunscreen material on side windows is such that “a light transmittance of at least 28 percent in the visible light range” is required. § 316.2953, Fla....