Evan Neil Brooks v. State of Florida

D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA
FOURTH DISTRICT
EVAN NEIL BROOKS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2025-0669
[April 29, 2026]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm
Beach 	County; 	Ashley 	Zuckerman, 	Judge; 	L.T. 	Case 	No.
502024CT001101AXXXSB.
Joel L. Mumford of Ted L. Hollander and Associates, P.A. d/b/a The
Ticket Clinic, West Palm Beach, and Louis Charles Arslanian, Hollywood,
for appellant.
James Uthmeier, Attorney General, Tallahassee, and Joseph Mollica,
Assistant Attorney General, West Palm Beach, for appellee.
KLINGENSMITH, J.
Appellant Evan Neil Brooks appeals a trial court order denying his
dispositive motion to suppress evidence seized at a traffic stop for careless
driving. 	The trial court ruled that the police had probable cause to stop
Appellant, and Appellant pleaded guilty to one count of driving under the
influence while reserving the right to appeal the denial of the motion to
suppress. 	Appellant 	challenges 	the 	trial 	court’s 	ruling 	that 	law
enforcement possessed probable cause to initiate the stop. For the reasons
set forth below, we affirm.
At approximately 2:00 a.m. on the morning in question, an officer was
assigned to foot patrol in a densely populated entertainment district. 	The
area was described as one of the busiest nightlife locations in the city,
containing numerous bars, restaurants, and residential buildings. 	At
closing time, the streets were heavily congested with pedestrians, many of
whom were leaving bars and were, in the officer’s testimony about his
experience with this area, frequently intoxicated. 	The roadway itself was

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narrow, consisting of a two-lane configuration with limited separation
between vehicular traffic and pedestrian areas. 	No barricades, fences, or
other protective barriers were between the sidewalk and the street.
While standing outside one of the bars, the officer heard the sound of
a vehicle engine revving in a manner consistent with rapid acceleration.
Shortly thereafter, the officer observed Appellant operating a vehicle at a
speed that appeared greater than surrounding traffic. Although the officer
did 	not 	utilize 	radar 	equipment 	and 	could 	not 	provide 	a 	precise
measurement of Appellant’s speed, he testified based on his training and
eleven years of law enforcement experience that Appellant was traveling
faster than other vehicles on the roadway.
When Appellant drove through the area, a substantial number of
pedestrians were congregated along the sidewalks and moving through the
vicinity. The officer estimated that well over one hundred individuals were
present, many in close proximity to the roadway. 	Because individuals
leaving the nearby establishments were frequently impaired and prone to
unpredictable movement, this increased the risk associated with vehicular
traffic in the area.
In addition to traveling at an elevated rate of speed, Appellant also
executed a passing maneuver in which he moved into the opposite lane of
travel to overtake another vehicle proceeding in the same direction. 	The
roadway permitted two-way traffic, and although no markings explicitly
prohibited passing, the maneuver required Appellant to enter what was,
in effect, oncoming traffic. The officer testified that no other vehicles were
observed engaging in similar conduct that evening.
After observing these actions, the officer entered his patrol vehicle and
followed Appellant as he turned into a parking structure. The officer then
initiated a traffic stop based on the belief that Appellant had operated his
vehicle in a careless manner under the prevailing conditions. 	Upon
making 	contact, 	the 	officer 	observed 	signs 	of 	impairment, 	including
bloodshot and glassy eyes, slurred speech, and the odor of alcohol, which
ultimately led to Appellant’s arrest for driving under the influence.
Before trial, Appellant filed a motion to suppress, arguing the officer
lacked probable cause or reasonable suspicion to justify the traffic stop.
At the suppression hearing, the defense emphasized that the officer could
not specify Appellant’s exact speed, passing was not expressly prohibited
on the roadway, and no pedestrians or vehicles were either struck or forced
to take evasive action.

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The State responded that the totality of the circumstances, including
Appellant’s speed, the nature of the passing maneuver, and the highly
congested environment, provided a lawful basis for the stop under the
careless driving statute. 	The trial court agreed with the State, expressly
finding the officer credible and concluding that Appellant’s manner of
driving was not careful or prudent given the conditions and thus provided
the officer probable cause to stop the vehicle.
The sole issue presented is whether competent, substantial evidence
supports the trial court’s determination that the officer had probable cause
to stop Appellant for careless driving. In reviewing a ruling on a motion to
suppress, an appellate court must accept the trial court’s findings of fact
if supported by competent, substantial evidence, while reviewing legal
conclusions de novo. State v. Coley, 157 So. 3d 542, 543–44 (Fla. 4th DCA
2015). The ruling comes to the appellate court clothed with a presumption
of correctness, and the evidence must be interpreted in a manner most
favorable to sustaining the trial court’s decision. 	State v. Hickman, 363
So. 3d 217, 219 (Fla. 6th DCA 2023) (citation omitted).
The 	stopping 	of 	a 	motor 	vehicle 	constitutes 	a 	seizure 	within 	the
meaning of the Fourth Amendment and must be supported by probable
cause that a traffic violation has occurred. Hurd v. State, 958 So. 2d 600,
602 (Fla. 4th DCA 2007) (first citing Whren v. United States, 517 U.S. 806,
810 (1996); and then citing Petrel v. State, 675 So. 2d 1049, 1050 (Fla. 4th
DCA 1996)). 	The relevant inquiry is not whether a violation in fact
occurred, but whether a reasonable officer could conclude that a violation
had been committed based on the totality of the circumstances. 	State v.
Hebert, 8 So. 3d 393, 395 (Fla. 4th DCA 2009) (citation omitted).
Section 316.1925(1), Florida Statutes (2023), defines careless driving
as the failure to operate a vehicle in a careful and prudent manner having
regard for traffic, road conditions, and all attendant circumstances so as
not 	to 	endanger 	persons 	or 	property. 	This 	statutory 	framework 	is
inherently fact-intensive and requires consideration of the surrounding
environment rather than rigid adherence to specific traffic rules.
Appellant first contends that the officer lacked probable cause because
he could not quantify the vehicle’s speed. This argument is unpersuasive.
Probable cause does not require certainty or precise measurement. 	See
Hebert, 8 So. 3d at 395. 	As explained in Hebert, the officer need only
possess a reasonable belief that a violation has occurred. 8 So. 3d at 395.
Moreover, an officer may rely on visual observations and professional
experience to conclude that a vehicle is traveling at an unsafe speed.
Young v. State, 33 So. 3d 151, 153 (Fla. 4th DCA 2010) (citation omitted).

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Here, 	the 	officer 	testified 	that 	Appellant 	was 	traveling 	faster 	than
surrounding vehicles on a narrow and crowded street, which, when viewed
in context, supports a reasonable belief that Appellant was driving too fast
for the conditions.
Appellant 	next 	argues 	that 	his 	passing 	maneuver 	cannot 	support
probable 	cause 	because 	it 	was 	not 	expressly 	prohibited 	by 	traffic
markings. 	However, legality in the abstract does not resolve whether
conduct is careless under the circumstances. In Kenneth v. State, 389 So.
3d 615, 618 (Fla. 3d DCA 2023), the court held that passing in the opposite
lane may constitute careless driving even where technically permissible, if
the surrounding conditions render the maneuver unsafe. 	In the present
case, the officer observed Appellant enter oncoming traffic in a densely
populated area with significant pedestrian activity. 	The absence of a
formal prohibition does not negate the officer’s reasonable conclusion that
the maneuver was imprudent. 	See Kenneth, 389 So. 3d at 618; see also
State v. Crume, 393 So. 3d 802, 804 (Fla. 6th DCA 2024) (holding a trial
court erred in “focusing on whether a traffic violation occurred” when
determining whether conduct is careless under the circumstances).
The totality of the circumstances further supports the trial court’s
ruling. 	Appellant was 	operating 	his vehicle 	in 	an 	area with 	a 	high
concentration of pedestrians, many of whom were likely impaired. 	The
roadway 	was 	narrow 	and 	lacked 	barriers 	separating 	vehicular 	and
pedestrian traffic. 	Appellant accelerated in a manner that drew the
officer’s attention, traveled at a speed greater than surrounding vehicles,
and entered the opposite lane of traffic to pass another car. 	These facts,
taken together, provided a sufficient basis for a reasonable officer to
conclude that Appellant failed to drive in a careful and prudent manner.
See Baden v. State, 174 So. 3d 494, 496 (Fla. 4th DCA 2015) (finding
probable cause where the defendant drove too close to pedestrians on
sidewalk); see also Crume, 393 So. 3d at 805 (finding probable cause where
the defendant sped and cut off oncoming traffic).
Appellant also asserts that his conduct did not actually endanger any
person or property. 	This argument misapprehends section 316.1925(1).
Actual harm or near collision is not required. 	In Kenneth, the court
recognized that conduct may be deemed careless even in the absence of
an accident or evasive action by others. 	389 So. 3d at 618. 	Similarly, in
Baden, probable cause existed where the defendant’s driving created a risk
to nearby pedestrians and vehicles. 	174 So. 3d at 496. 	The officer’s
testimony in this matter established that Appellant’s conduct posed a
potential danger given the crowded conditions.

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Finally, to the extent Appellant challenges the officer’s reliance on the
sound of the engine revving, that argument lacks merit because the
officer’s determination of probable cause was based on the totality of the
circumstances, not solely on the sound of the engine. 	That makes the
present case distinguishable from Donaldson v. State, 803 So. 2d 856,
859–60 (Fla. 4th DCA 2002), where we found no probable cause for a stop
based solely on the sound of squealing tires in an 	otherwise empty
environment.
In 	sum, 	the 	trial 	court’s 	findings 	are 	supported 	by 	competent,
substantial 	evidence, 	and 	its 	legal 	conclusions 	are 	consistent 	with
established precedent. The officer’s observations, viewed in their entirety,
provided probable cause to believe that Appellant was operating his vehicle
in a careless manner under the circumstances. 	Because competent,
substantial evidence supports the trial court’s determination that the
officer had probable cause to conduct the traffic stop, the denial of the
motion to suppress is affirmed.
Affirmed.
S HAW and L OTT , JJ., concur.
* 	* 	*
Not final until disposition of timely-filed motion for rehearing.