Florida Statute 316.090 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.090

316.090 Driving on divided highways.—

(1) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers.

(2) No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 3, ch. 86-36; s. 115, ch. 99-248.

F.S. 316.090 on Google Scholar

F.S. 316.090 on Casetext

Amendments to 316.090

Arrestable Offenses / Crimes under Fla. Stat. 316.090

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.090.

Civil Citations / Citable Offenses under S316.090

R or S next to points is Mandatory Revocation or Suspension

S316.090 (1) Driving on WRONG SIDE OF DIVIDED HIGHWAY - Points on Drivers License: 3

S316.090 (2) Crossing/Driving on MEDIAN STRIP OR MARKER DIVIDER OF DIVIDED HIGHWAY - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.090

Total Results: 9

State v. Hernandez

Court: District Court of Appeal of Florida | Date Filed: 1998-08-05

Citation: 718 So. 2d 833, 1998 WL 438763

Snippet: and south bound lanes in violation of section 316.090, Florida Statutes (1995),[1] and pull into the

Periera v. Florida Power & Light Co.

Court: District Court of Appeal of Florida | Date Filed: 1996-10-09

Citation: 680 So. 2d 617, 1996 Fla. App. LEXIS 10401, 1996 WL 577394

Snippet: road. Notwithstanding the existence of section 316.090, Florida Statutes, prohibiting vehicles from driving

Seaboard Coastline R. Co. v. Addison

Court: Supreme Court of Florida | Date Filed: 1987-02-26

Citation: 502 So. 2d 1241, 12 Fla. L. Weekly 111

Snippet: the trial court's failure to instruct on section 316.090, Florida *1243 Statutes (1973) (driving on divided

The Florida Bar v. Ullensvang

Court: Supreme Court of Florida | Date Filed: 1981-07-02

Citation: 400 So. 2d 969, 1981 Fla. LEXIS 2752

Snippet: Wheelers), gave to respondent in trust, the sum of $2,316.90 to be used by the respondent to purchase documentary

City of Tamarac v. Garchar

Court: District Court of Appeal of Florida | Date Filed: 1981-05-01

Citation: 398 So. 2d 889

Snippet: regarding driving while intoxicated; (2) Section 316.090, Florida Statutes (1973), regarding driving on

Gagel v. Cornelius

Court: District Court of Appeal of Florida | Date Filed: 1980-03-19

Citation: 380 So. 2d 1333

Snippet: side of a divided highway, contrary to Section 316.090, Florida Statutes (1977). The citation for the

State v. Lee

Court: Supreme Court of Florida | Date Filed: 1978-02-23

Citation: 356 So. 2d 276

Snippet: 316.085, 316.086, 316.087, 316.088, 316.089, 316.090, 316.091, 316.092, 316.094, 316.095, 316.096, 316

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-07-13

Snippet: 316.085, 316.086, 316.087, 316.088, 316.089, 316.090, 316.091, 316.092, 316.094, 316.095, 316.096,

Rogers v. State

Court: Supreme Court of Florida | Date Filed: 1947-05-30

Citation: 30 So. 2d 629, 158 Fla. 790, 1947 Fla. LEXIS 636

Snippet: denied by trial court. — Blocker v. State 105 So. 316, 90 Fla. 136." "Recitals in a motion for a new trial