Peeples v. State

173 So. 3d 1123, 2015 Fla. App. LEXIS 13006, 2015 WL 5139404

Opinion

PER CURIAM.

Vernon Peeples, Jr., appeals his convictions for six drug offenses. All of the charges were based on law enforcement’s discovery of drugs and paraphernalia after they stopped Mr. Peeples’ automobile for failure to maintain a single lane on a roadway in violation of section 316.089(1), Florida Statutes (2012).' The State concedes that the trial court erred in denying Mr. Peeples’ motion to suppress because the stop of his car was unauthorized-law enforcement did not have a reasonable safety concern based on Mr. Peeples’ one failure to maintain a single lane that did not endanger the deputies or anyone else. See Crooks v. State, 710 So.2d 1041, 1043 (Fla. 2d DCA 1998) (“Section 316.089 is similar to section 316.155, Florida Statutes (1995), governing the use of turn signals, in that a violation does not occur in isolation, but requires evidence that the driver’s conduct created a reasonable safety concern.”). Accordingly, we reverse Mr. Peeples’ convictions and sentences and remand with directions to discharge him.

Reversed and remanded.

ALTENBERND, KELLY, and CRENSHAW, JJ., Concur.