316.238
Use of multiple-beam road-lighting equipment.
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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.
(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.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1987–2022 · leading case: DeRosa v. Rambosk
DeRosa v. Rambosk (2010)
“Fla. Stat. § 316.238 (l)(a), (2). Deputy George was permitted by the Fourth Amendment to make a traffic stop for such a traffic in *1294 fraction committed in his presence.”
Robinson v. State (1995)
“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.”
State v. Clark (1987)
“The state trooper stopped the car solely because it failed to dim its headlights as the two cars passed on the Interstate, relying on Section 316.238. Once the automobile had stopped, the trooper detected the odor of marijuana as he stood by the open window of the vehicle.”
Hester v. State (1990)
“- 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.”
James T. DeRosa vs Sheriff of Collier County, FL, Shaun M. George (2011)
“” George cited James for failing to dim his headlights, Fla. Stat. § 316.238 , and James signed the citation using a pencil.”
State v. L. Gardner (2022)
“21, § 4350 (2021); Fla. Stat. § 316.238 (2021); Ga. Code. Ann.”
State v. Shumaker (2003)
“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…”
State v. Comeau (1987)
“and failing to dim headlights in violation of Section 316.238 F.S. The facts are as follows: On July 17, 1987, Officer Benjamin Sessions was on routine patrol going West on Beville Road in the 2400 block, when he noticed in his rear view mirror seeing some high beam headlights…”
— 316.238(1) — 2 cases
Robinson v. State (1995)
“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.”
State v. Clark (1987)
“The state trooper stopped the car solely because it failed to dim its headlights as the two cars passed on the Interstate, relying on Section 316.238. Once the automobile had stopped, the trooper detected the odor of marijuana as he stood by the open window of the vehicle.”
— 316.238(l)(a) — 1 case
State v. Shumaker (2003)
“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…”
— 316.238(l)(b) — 1 case
State v. Shumaker (2003)
“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…”
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