Florida Statute 316.1905 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1905

316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.—

(1) Whenever any peace officer engaged in the enforcement of the motor vehicle laws of this state uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department.

(2) Any police officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating such a device that a driver of a vehicle has violated the speed laws of this state, may arrest the driver for violation of said laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer.

(3)(a) A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the motor vehicle laws of this state when such testimony is derived from the use of such an electronic, electrical, mechanical, or other device used in the calculation of speed, upon showing that the speed calculating device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department.

(b) Upon the production of a certificate, signed and witnessed, showing that such device was tested within the time period specified and that such device was working properly, a presumption is established to that effect unless the contrary shall be established by competent evidence.

(c) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 313, ch. 95-148.

Note.—Former s. 316.058.

F.S. 316.1905 on Google Scholar

F.S. 316.1905 on Casetext

Amendments to 316.1905

Arrestable Offenses / Crimes under Fla. Stat. 316.1905

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1905.

Annotations, Discussions, Cases:

Cases Citing Statute 316.1905

Total Results: 6

State v. McEldowney

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-19T00:00:00-07:00

Citation: 99 So. 3d 610, 2012 Fla. App. LEXIS 18261, 2012 WL 5043866

Snippet: from a final county court order declaring section 316.1905(3)(b), Florida Statutes (2011), unconstitutional…, and reverse the order on appeal. *611Section 316.1905(S)(b) creates a rebutta-ble presumption that a…Raymond, 906 So.2d 1045, 1049 (Fla.2005)). Although 316.1905(3)(b) does appear to be a procedural presumption…sexually violent predators”). In upholding section 316.1905(3)(b), we also note that the rebuttable presumption… We agree with the State's assertion that 316.1905(3)(b) merely creates an evidentiary presumption

Matos v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-29T23:53:00-08:00

Citation: 899 So. 2d 403

Snippet: under the Florida speed recording statute, section 316.1905(1), Florida Statutes (2003). A "black box…used by law enforcement to measure speed. Section 316.1905(1)(2002), Florida Statutes, in pertinent part,…., 880 So.2d 1244 (Fla. 1st DCA 2004). Section 316.1905(2)[2] and section 316.1906, discussing the admissibility…discern no legislative intent to apply section 316.1905(1) to the SDM. AFFIRMED. FARMER, C.J., and STONE

Department of Highway Safety & Motor Vehicles v. Nelson

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-12T00:00:00-07:00

Citation: 823 So. 2d 828, 2002 Fla. App. LEXIS 11392, 2002 WL 1831124

Snippet: the proper predicate [was] laid pursuant to § 316.1905 and § 316.1906, Florida Statutes.” The court apparently

State v. Joy

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-31T00:00:00-07:00

Citation: 637 So. 2d 946

Snippet: vehicle was not certified as required by section 316.1905, Florida Statutes (1991) and Rule 15B-2.011 of

In re Forfeiture of $61,300.00 U.S. Currency

Court: Fla. Dist. Ct. App. | Date Filed: 1991-03-20T00:00:00-08:00

Citation: 576 So. 2d 424, 1991 Fla. App. LEXIS 2343

Snippet: extremely high rate of speed.” Clearly, under section 316.1905, Florida Statutes (1989), the testifying officer

Yolman v. State

Court: Fla. | Date Filed: 1980-09-25T00:00:00-07:00

Citation: 388 So. 2d 1038, 1980 Fla. LEXIS 4360

Snippet: 316.058, renumbered and hereinafter referred to as 316.-1905, Florida Statutes (1977), concerning the testing…authority of the legislature to direct, by section 316.1905, the Department of Highway Safety and Motor Vehicles… Florida Statutes, Chapter 316.058, renumbered 316.1905 are constitutional in all respects.” The order… single government department. We find section 316.1905, Florida Statutes (1977), and the implementing…ENGLAND, ALDERMAN and MCDONALD, JJ., concur. . 316.1905 Electrical, mechanical, or other speed calculating