Originally Posted By: ZeeOSix
Page 49 of the Florida Driver's Manual says break for animals:
"If you have time to avoid hitting an animal, reduce your speed, ... If there are no vehicles close behind you, brake hard without locking your wheels."
Says nothing about it's illegal to come to a complete stop on any road because of animals in the road. This is all going to depend on who's driving, as each person will have their own idea of what's prudent about avoiding animals on the road.
https://www.flhsmv.gov/handbooks/englishdriverhandbook.pdf
A driver's manual isn't the same as uniform traffic code ...
I'm not familiar with FL code.
IN code specifically has TWO codes that directly make it clear you just cannot whack your brakes for any ol' reason:
IC 9-21-8-24
Sec. 24. A person may not:
(1) slow down or stop a vehicle;
(2) turn a vehicle from a direct course upon a highway; or
(3) change from one (1) traffic lane to another;
unless the movement can be made with reasonable safety.
IC 9-21-8-26
Sec. 26. A person may not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to a person who drives a vehicle immediately to the rear when there is opportunity to give a signal.
There is some manner of "reasonable application" that would be considered here, by any officer, judge or jury.
Is it reasonable to stop a car in an emergency manner, on a high-speed road, risking damage to property or injury to another human, if one was stopping to keep from running over a small child that had run out in front of you? Most will agree yes.
Is it reasonable to stop a car in an emergency manner, on a high-speed road, risking damage to property or injury to another human, if one was stopping for some small birds that would otherwise do little damage to the involved if only the birds were struck? Most will agree no.
You just don't get to slam on your brakes for any ol' reason. It has to be a prudent reason, in an attempt to avoid specific harm that would otherwise outweigh the concerns of others injured, considering the totality of the circumstances. It's not prudent to risk human lives, or many thousands of dollars in property damage, for an aviary distraction.
Had this guy caused an accident in our jurisdiction, he likely would have been cited. I've actually written tickets, successfully prosecuted, for such.
Also, people who like to "brake check" folks out of spite, are also guilty of the aforementioned violations and would be cited as well. Often if there are credible witnesses, we've cited those too.