1. A person operating a motor vehicle shall have the vehicle under control at all times.
2. A person operating a motor vehicle shall reduce the speed to a reasonable and proper rate:
a. When approaching and passing a person walking in the traveled portion of the public highway.
b. When approaching and passing an animal which is being led, ridden, or driven upon a public highway.
c. When approaching and traversing a crossing or intersection of public highways, or a sharp turn, curve, or steep descent in a public highway.
d. When approaching and passing an emergency warning device displayed in accordance with rules adopted under section 321.449, or an emergency vehicle displaying a revolving or flashing light.
e. When approaching and passing a slow moving vehicle displaying a reflective device or alternative reflective device as provided by section 321.383.
f. When approaching and passing through a road work zone. [S13, §1571-m18; C24, 27, 31, 35, §5031; C39, §5023.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.288] 85 Acts, ch 167, §2; 87 Acts, ch 170, §7; 89 Acts, ch 296, §33; 97 Acts, ch 104, §20; 99 Acts, ch 102, §1; 2012 Acts, ch 1083, §2 Referred to in §321.285, 707.6A, 805.8A(6)(d) For applicable scheduled fine, see §805.8A, subsection 6 \n
Notes of Decisions
Cited in
68
cases (
4 in the last 5 years), 1947–2023 · leading case:
Beck v. Dubishar, 36 N.W.2d 438 (Iowa 1949).
Beck v. Dubishar, 36 N.W.2d 438 (Iowa 1949).
· cites it 20× “upon the alleged violation of section 321.288, Code of 1946. It provides : “The-person operating a motor vehicle or motorcycle shall have the same under control and shall reduce the speed to a reasonable and proper rate: * * * “3.”
Jones v. Blair, 387 N.W.2d 349 (Iowa 1986).
· cites it 4× “304 (1981); 2) failure to have his motor vehicle under control and to reduce his speed at an intersection, Iowa Code section 321.288(3); 3) driving at a greater speed than would permit stopping within an assured clear distance, Iowa Code section 321.”
Hamdorf v. Corrie, 101 N.W.2d 836 (Iowa 1960).
· cites it 6× “The operator of a motor vehicle has the same under control if he has the ability to guide and direct its course of movement, fix its speed, and can, if the occasion demands, bring it to a stop with a reasonable degree of celerity.”
Van Wie v. United States, 77 F. Supp. 22 (N.D. Iowa 1948).
· cites it 6× “Section 321.288, Code of Iowa 1946, provides in part as follows: “The person operating a motor vehicle * * * shall have the same under control and shall reduce the speed to a reasonable and proper rate: * * * 3.”
Wilson v. Jefferson Transp. Co., 163 N.W.2d 367 (Iowa 1968).
· cites it 10× “Defendants requested an instruction under section 321.288 which would have told the jury that a motorist shall reduce speed when approaching or traversing an intersection unless he is already driving at a reasonable and proper rate of speed.”
State v. Myers, 111 N.W.2d 660 (Iowa 1961).
· cites it 6× “The defendant was charged in the justice court with the offense of failing to have a motor vehicle under control and *273 failing to reduce its speed to a reasonable rate while approaching and traversing a bridge on a public highway, in violation of section 321.288 of the 1958…”
State v. Butler, 706 N.W.2d 1 (Iowa 2005).
· cites it 5× “2001); (2) failure to maintain control in violation of Iowa Code section 321.288; and (3) careless driving in violation of Iowa Code section 321.”
Soreide v. Vilas & Co., 78 N.W.2d 41 (Iowa 1956).
· cites it 4× “However, Code section 321.288, subd. 3, I.C.A. requires the operator of a motor vehicle to have it under control when approaching and traversing an intersection of public highways as well as a curve.”
Cavanaugh v. Jepson, 167 N.W.2d 616 (Iowa 1969).
· cites it 6× “Plaintiff claims the trial court erred as follows: (1) In refusing to submit plaintiff’s allegation of negligence based upon a violation of section 321.288, Code of Iowa; (2) In handling the question of contributory negligence as it arose throughout the trial; and (3) In giving…”
Mathews v. Beyer, 116 N.W.2d 477 (Iowa 1962).
· cites it 4× “It was for the jury to decide whether Mathews violated Code section 321.288, I.C.A. in not having his car under control or reducing its speed to a reasonable and proper rate when approaching the intersection, or section 321.”
Fagen Elevator v. Pfiester, 56 N.W.2d 577 (Iowa 1953).
· cites it 4× “Clearly these charges are based on claimed violation of section 321.288, subsection 3, Code, 1950.”
Mueller v. Roben, 82 N.W.2d 98 (Iowa 1957).
· cites it 8× “The court erred in not directing a verdict in favor of defendant, alleging plaintiff was guilty of contributory negligence as a matter of law in failing to have his car under control when approaching an intersection, contrary to provisions of section 321.288,1954 Code. 2. The…”
— Iowa Code § 321.288(1) — 7 cases
— Iowa Code § 321.288(3) — 6 cases
Jones v. Blair, 387 N.W.2d 349 (Iowa 1986).
“304 (1981); 2) failure to have his motor vehicle under control and to reduce his speed at an intersection, Iowa Code section 321.288(3); 3) driving at a greater speed than would permit stopping within an assured clear distance, Iowa Code section 321.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.