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Question for Florida LEO's

Old 02-09-2019, 09:34 AM
  #21  
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Originally Posted by ronp364 View Post
I know enough to say the cop is a dick. And if you are defending him without you being there, well, I know even more ...
You’ve heard half the story and have reached your misguided conclusion. For that, you get the DB of the week award. Congratulations… and hold tight, because you might just get the DB of the month award.
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Old 02-09-2019, 06:26 PM
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You do not have to move over.
If you cannot safely move over you must slow down to 20 mph under the posted speed limit.
Ex. If the posted speed limit is 55, you must slow down to 35
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Old 02-09-2019, 07:05 PM
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Originally Posted by ronp364 View Post
I know enough to say the cop is a dick. And if you are defending him without you being there, well, I know even more ...

OP didn't move over until he crested the hill and saw the cop. That means the cop saw him move over, not riding along in that lane. When someone shows you courtesy, even if it is slightly misguided, maybe you discuss it with him but you don't take your book out and write.

Will you be happy if a cop on the side of the road with his lights not on gets his brains bashed in by a passing car that doesn't move over because it's not required to?

This behavior violates the law of common sense.

Ha....a dick for giving a warning that costs nothing......we have reached a new level here on THT!





and usually anything following "I know enough to say"....means you're the dick
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Old 02-09-2019, 07:34 PM
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I always assumed a warning had a number associated with it, you got a break, it's on record, if you do it a second time, it will show up and you will get a ticket.
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Old 02-09-2019, 08:40 PM
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Fish ... no set rules and no number assigned. If you get stopped by another Trooper who runs your DL, a reply will come up on the computer showing a warning had been issued but the Trooper is free to write a ticket or issue another warning.
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Old 02-09-2019, 08:41 PM
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Originally Posted by FishnDive View Post
I always assumed a warning had a number associated with it, you got a break, it's on record, if you do it a second time, it will show up and you will get a ticket.
That's why they call it a warning; if you do it again, you may get a citation. Best not to do it again.
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Old 02-09-2019, 08:58 PM
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Originally Posted by MiamiJay View Post


You’ve heard half the story and have reached your misguided conclusion. For that, you get the DB of the week award. Congratulations… and hold tight, because you might just get the DB of the month award.
seems to me you have the DB of the month covered pretty well.
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Old 02-09-2019, 09:07 PM
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Originally Posted by MiamiJay View Post


You’ve heard half the story and have reached your misguided conclusion. For that, you get the DB of the week award. Congratulations… and hold tight, because you might just get the DB of the month award.
Originally Posted by pathfinder11 View Post
seems to me you have the DB of the month covered pretty well.
This response was the internet equivalent of, I know you are, but what am I?
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Old 02-10-2019, 07:48 AM
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Why don’t they enforce the get your ass out of the left lane law ???
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Old 02-10-2019, 08:35 AM
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Originally Posted by 95wellcraft View Post
You do not have to move over.
If you cannot safely move over you must slow down to 20 mph under the posted speed limit.
Ex. If the posted speed limit is 55, you must slow down to 35
Is that actually the law or just your understanding? The 'move over' laws I've seen don't state an actual MPH but say "slow down and pass cautiously" (or something like that) if you can't move to an adjacent lane.

20 just seems way too excessive. Which posted speed does it apply to on an expressway...the minimum or maximum?

Last edited by km1125; 02-10-2019 at 08:47 AM.
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Old 02-10-2019, 08:55 AM
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Originally Posted by MiamiJay View Post


You’ve heard half the story and have reached your misguided conclusion. For that, you get the DB of the week award. Congratulations… and hold tight, because you might just get the DB of the month award.
I've got no dog in this hunt... but YOU"VE heard the exact same half of the story, and unless you were the Trooper on this traffic stop, you've also reached what MUST be a 'misguided conclusion' as well...

But that's none of my business...
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Old 02-10-2019, 09:00 AM
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Originally Posted by MiamiJay View Post
A warning issued by a State Trooper will remain on your record (within the FHP database) indefinitely, so the idea that it vanishes from the FHP database is incorrect. A Trooper who may stop you in the future will see the warning you were issued for the incident you described.

There are numerous locations on the 18-mile stretch where people pass illegally per FSS 316.089(3) such as SW 424 Street (MM122.5), the Aerojet Canal (MM 117.5), South Miami Dade Marina (MM115), Manatee Bay Marina (MM113) and the nototious Gilbert’s/Yacht Club Drive (MM 108.5).
Thank you sir,,, I suspected it might hence my question. As a sidebar,, you really know the stretch!


Originally Posted by MiamiJay View Post
Even GTPVette admitted that he was in the wrong lane, albeit for the right reason (move over). Vette did not say that the Trooper was on a traffic stop or that his lights were on which would activate the move over law at that location. It’s very possible that the Trooper was sitting on the downside of the Aerojet canal bridge to watch vehicles cresting the bridge using the dedicated exit/entrance lane (which vette was in at some point) and then stop them for illegally using that lane.
The FHP car had no lights on but it's really tight there. The question is would I do it again?? Don't know,,, would rather still move over,, better safe than sorry but maybe not. I'll keep in mind that lights need to be on to activate that law. For the record,,, the officer was nothing short of professional and courteous and just doing his job.



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Old 02-10-2019, 09:16 AM
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Originally Posted by Flybull View Post
I've got no dog in this hunt... but YOU"VE heard the exact same half of the story, and unless you were the Trooper on this traffic stop, you've also reached what MUST be a 'misguided conclusion' as well...

But that's none of my business...
FlyBull ... the difference is that I haven’t reached a conclusion. Please quote where I reached a conclusion about anything other than Ron being the DB of the week, and in good running for DB of the month.

I merely offered considerations as I wasn’t there. gtpvette was kind enough to weigh in that the Trooper’s lights were not on meaning that the move over law was not in effect. Another consideration is this… gtpvette tops the hill and sees the Trooper and makes the decision that it is safe to ease to the left. The Trooper, sitting on the downside of the hill and looking for people who egregiously pass and that no passing zone (of which vet is probably very aware from living in Key Largo and likely traveling on the stretch often) and sees the black Corvette traveling illegally in that lane. Trooper makes the traffic stop, listens to the reasonable explanation from the driver and issues a warning instead of a citation. I am not saying that’s what happened because I wasn’t there but that is a likely scenario.

However, for Ron to reach a conclusion that the Trooper was being a dick for trying to enforce the law and placing his life in jeopardy by standing on the side of the 18 mile stretch with people driving like idiots down there, I find to be completely unfair and worthy of DB rating. It is more reasonable to give Trooper the benefit of the doubt in this case. Perhaps gtbvette should be weigh in on his thoughts as a better word than you or me since he was there.
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Old 02-10-2019, 09:26 AM
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Originally Posted by km1125 View Post
Is that actually the law or just your understanding? The 'move over' laws I've seen don't state an actual MPH but say "slow down and pass cautiously" (or something like that) if you can't move to an adjacent lane.

20 just seems way too excessive. Which posted speed does it apply to on an expressway...the minimum or maximum?
Florida Laws Florida Statutes
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
§ 316.126  Operation of vehicles and actions of pedestrians on approach of an authorized emergency vehicle.

(1) (b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle, when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, or wrecker, except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.

2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
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Old 02-10-2019, 12:29 PM
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This is Florida law

(2) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(3) On a road, street, or highway having two or more lanes allowing movement in the same direction, a driver may not continue to operate a motor vehicle in the furthermost left-hand lane if the driver knows or reasonably should know that he or she is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed. This subsection does not apply to drivers operating a vehicle that is overtaking another vehicle proceeding in the same direction, or is preparing for a left turn at an intersection.
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Old 02-10-2019, 12:46 PM
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Originally Posted by MiamiJay View Post
§ 316.126  Operation of vehicles and actions of pedestrians on approach of an authorized emergency vehicle.

(1) (b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle, when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, or wrecker, except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.

2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
Thanks for posting that. It doesn't answer the question of " Which posted speed does it apply to on an expressway...the minimum or maximum? ". I wonder how that's handled on the interstates.

5 mph is absurdly slow. Do you think ANYONE does that when passing a cop who's pulled someone over in a subdivision or other side street?

I also notice it includes sanitation vehicles and utility service vehicles... do people really slow down 20 MPH under the limit when passing them too?? Seems like very selective enforcement on this particular law.
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Old 02-10-2019, 01:34 PM
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Originally Posted by km1125 View Post
Thanks for posting that. It doesn't answer the question of " Which posted speed does it apply to on an expressway...the minimum or maximum? ". I wonder how that's handled on the interstates.

5 mph is absurdly slow. Do you think ANYONE does that when passing a cop who's pulled someone over in a subdivision or other side street?

I also notice it includes sanitation vehicles and utility service vehicles... do people really slow down 20 MPH under the limit when passing them too?? Seems like very selective enforcement on this particular law.
The limit is the maximum speed, hence “limit.” The minimum speed is just that ... a minimum speed.

You might feel that 5 mph in a 25 mph zone is absurdly low, so that probably tells me that your spouse is not a law enforcement officer. Alternately, I might actually agree with you on this as it was probably more expedient to write the legislation this way because 15 mph is probably a reasonable minimum for a posted zone of 35 mph or less.

Nobody has even addressed the issue regarding the move over law in this thread yet you feel it’s selective enforcement. Please let me know why you believe that it is selective and if you feel it is skewed toward sanitation vehicles, utility service vehicles or emergency vehicles, which could be fire rescue, ambulance or police vehicles.



Note that the word LIMIT applies to the maximum and not the minimum

Last edited by MiamiJay; 02-10-2019 at 02:09 PM.
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Old 02-10-2019, 01:48 PM
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Originally Posted by MiamiJay View Post
The limit is the maximum speed, hence “limit.” The minimum speed is just that ... a minimum speed.

You might feel that 5 mph in a 25 mph zone is absurdly low, so that probably tells me that your spouse is not a law enforcement officer. Alternately, I might actually agree with you on this as it was probably more expedient to write the legislation this way because 15 mph is probably a reasonable minimum for a posted zone of 35 mph or less.

Nobody has even addressed the issue regarding the move over law in this thread yet you feel it’s selective enforcement. Please let me know why you believe that it is selective and if you feel it is skewed toward sanitation vehicles, utility service vehicles or emergency vehicles, which could be fire rescue, ambulance or police vehicles.
Unless it's defined somewhere, "limit" DOES NOT mean "maximum" and in the text of the law you posted it just references "posted speed limit". On most interstates and some other highways, there is both a "maximum speed limit" posted and a "minimum speed limit" posted, hence why I asked the question.

Yes, I do think 5MPH is absurdly low. Have you ever actually DRIVEN at 5 MPH for more than 50 feet?? Most people can walk almost that fast.

I asked the question on selective enforcement because I'd be surprised/shocked if folks really slowed in complete compliance with the law when passing sanitation or utility service vehicles, which I encounter many more times than emergency vehicles. Not sure what it's like in Florida in that regard... maybe you have more emergency vehicles on the side of the roads than sanitation or utility vehicles. I was surprised to see them included in the language. I have no idea if the "move over" law has anything to do with the OP's case as he didn't go into that much detail. It could have been "improper passing", "improper use of a lane", "improper lane change", "crossing a solid white line", or based on some other observation by the officer.
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Old 02-10-2019, 01:54 PM
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I also received a warning the other day but switching lanes at all of 5 mph while traffic was bowed up for 2 miles. I merged into the exit lane, over a solid white line, while going to horrific speed of 5 mph. The ticket was written for unsafe lane change during morining rush hour. I’m guessing it goes into a database for him to prove he is working as well as if i get another one in x weeks it would be unfavorable for me.
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Old 02-11-2019, 06:49 AM
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under Florida statute law.....



there exists the "LEGRS"

( law enforcement general records schedule of destruction )






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