Florida Statute 316.238 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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 CourtListener

Amendments to 316.238

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.238

Total Results: 5 | Sort by: Relevance | Newest First

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Robinson v. State, 667 So. 2d 384 (Fla. 1st DCA 1995).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 706852

...When the light changed, the car proceeded across the intersection, and Officer Abbey turned around behind it and signalled the car to stop. Officer Abbey informed the driver he had been stopped for the high beam violation, a civil infraction under section 316.238(1), Florida Statutes, and asked the driver for his license....

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DeRosa v. Rambosk, 732 F. Supp. 2d 1285 (M.D. Fla. 2010).

Cited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 81150, 2010 WL 3190251

...) Deputy George took the registration and proof of insurance (James could not find his driver's license), went back to his patrol vehicle, checked whether James had a valid Florida driver's license, determined that he did, and wrote a traffic citation for failure to dim headlights, in violation of Florida Statute § 316.238....

...Deputy George observed the vehicle being operated on a roadway after sunset activate its high beam headlights while the vehicle was within 500 feet of his oncoming patrol vehicle. This was a noncriminal traffic infraction punishable as a moving violation. Fla. Stat. § 316.238(1)(a), (2)....

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State v. Shumaker, 846 So. 2d 1199 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 8255, 2003 WL 21275987

...m headlights. At the suppression hearing, Shumaker argued that the officer did not have probable cause to stop him. The officer testified that he stopped Shumaker for failing to dim his high beams within 500 feet of oncoming traffic, in violation of section 316.238(l)(a), Florida Statutes (2001), and for failing to dim his high beams while following within 300 feet of another vehicle, in violation of section 316.238(l)(b)....

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Hester v. State, 563 So. 2d 191 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4562, 1990 WL 86306

...The appellant was arrested and placed in the trooper’s patrol ear. The trooper then continued the search of the vehicle and there he found another handbag, containing an unlabeled pill bottle of four or five pieces of cocaine rock.- The appellant claims the trial court erred in finding that section 316.238, Florida Statutes (1985), requires that the two vehicles be on the same roadway at the time of the infraction. We disagree and affirm the trial court in its conclusion that reading section 316.003(43), Florida Statutes (1985), with subsection (2) of section 316.238, Florida Statutes, does not require that the offending vehicle and the other *193 vehicle be on the same roadway for an infraction to occur....

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State v. Clark, 511 So. 2d 726 (Fla. 1st DCA 1987).

Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2056, 1987 Fla. App. LEXIS 10084

following a stop based on an alleged violation of Section 316.-238(1), Florida Statutes (1985). We affirm. At

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.