Florida Statute 316.238 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.238

316.238 Use of multiple-beam road-lighting equipment.—

(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall be deemed to avoid glare at all times, regardless of road contour and loading.

(b) Whenever the driver of a vehicle approaches another vehicle from the rear within 300 feet, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in ss. 316.237(1)(a) and 316.430(2)(a).

(2) 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. 28, ch. 76-31; s. 187, ch. 99-248.

F.S. 316.238 on Google Scholar

F.S. 316.238 on Casetext

Amendments to 316.238

Arrestable Offenses / Crimes under Fla. Stat. 316.238

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.238.

Civil Citations / Citable Offenses under S316.238

R or S next to points is Mandatory Revocation or Suspension

S316.238 HEADLIGHTS - FAIL TO DIM - Points on Drivers License: 3

S316.238 (1)(a) Fail dim headlights/improper adjustment - Points on Drivers License: 3

S316.238 (1)(b) Fail dim lights from rear - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.238

Total Results: 6

State v. Shumaker

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-04T00:00:00-07:00

Citation: 846 So. 2d 1199, 2003 Fla. App. LEXIS 8255, 2003 WL 21275987

Snippet: feet of oncoming traffic, in violation of section 316.238(l)(a), Florida Statutes (2001), and for failing…feet of another vehicle, in violation of section 316.238(l)(b). The trial court granted the motion to suppress

Robinson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-03T23:53:00-08:00

Citation: 667 So. 2d 384

Snippet: beam violation, a civil infraction under section 316.238(1), Florida Statutes, and asked the driver for

Hester v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1990-06-21T00:00:00-07:00

Citation: 563 So. 2d 191, 1990 Fla. App. LEXIS 4562, 1990 WL 86306

Snippet: the trial court erred in finding that section 316.238, Florida Statutes (1985), requires that the two…Statutes (1985), with subsection (2) of section 316.238, Florida Statutes, does not require that the offending

State v. Clark

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-24T00:00:00-07:00

Citation: 511 So. 2d 726, 12 Fla. L. Weekly 2056, 1987 Fla. App. LEXIS 10084

Snippet: question. Section 316.-238(1), relied upon by the state trooper, provides as follows: 316.238 Use of multiple-beam… stop based on an alleged violation of Section 316.-238(1), Florida Statutes (1985). We affirm. At approximately…cars passed on the Interstate, relying on Section 316.238. Once the automobile had stopped, the trooper detected…appel-lee’s motion to suppress, finding that Section 316.238 did not require a driver to dim his headlights …car. It is clear from a plain reading of Section 316.238(1), Florida Statutes, in conjunction with the definitional

State v. Lee

Court: Fla. | Date Filed: 1978-02-22T23:53:00-08:00

Citation: 356 So. 2d 276

Snippet: , 316.198, 316.205, 316.206, 316.217, 316.236, 316.238, 316.2431, or 339.30(1)(a), (b), (c), (d), (g),

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-07-13T00:53:00-07:00

Snippet: 316.198, 316.205, 316.206, 316.217, 316.236, 316.238, 316.2431, or 339.30(1)(a), (b), (c), (d), (g),