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Florida Statute 316.185 | Lawyer Caselaw & Research
F.S. 316.185 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.185

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.185
316.185 Special hazards.The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. 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. 136, ch. 99-248.

F.S. 316.185 on Google Scholar

F.S. 316.185 on Casetext

Amendments to 316.185


Arrestable Offenses / Crimes under Fla. Stat. 316.185
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.185.


Civil Citations / Citable Offenses under S316.185
R or S next to points is Mandatory Revocation or Suspension

S316.185 Special Hazard (specify which hazard) - Points on Drivers License:
S316.185 Special Hazard - Failed to use due care - Points on Drivers License: 3
S316.185 Special Hazard - Too fast for conditions Note 7 - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

SUNBELT ENVIRONMENTAL, INC. a s o v. GULF COAST TRUCK EQUIPMENT COMPANY, INC. LLC, d b a, 82 So. 3d 1196 (Fla. Dist. Ct. App. 2012)

. . . other things, they alleged that the negligent acts of Sunbelt’s driver violated sections 316.083 and 316.185 . . .

P. HOWELL A. Jr. v. L. WINKLE,, 866 So. 2d 192 (Fla. Dist. Ct. App. 2004)

. . . The Howells requested a special jury instruction based on section 316.185, Florida Statutes (1999), which . . .

STIVERS, v. FORD MOTOR CREDIT COMPANY,, 777 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . Stat. (2000) ("fire hazard”); §§ 316.081(l)(b), 316.087(l)(a) & (b), 316.122, 316.123, 316.125(1), 316.185 . . .

ACREE, v. HARTFORD SOUTH INCORPORATED,, 724 So. 2d 183 (Fla. Dist. Ct. App. 1999)

. . . this testimony, the plaintiff argued the trial court should give an instruction pursuant to section 316.185 . . . conditions described by the defense expert, there were special hazardous conditions contemplated by section 316.185 . . . ■Section 316.185 refers to exceptional circumstances or special hazards of which a driver should be aware . . . Further, it appears to us that the special hazards referenced in section 316.185 must have reference . . .

HEDERGOTT, v. MOON L., 678 So. 2d 445 (Fla. Dist. Ct. App. 1996)

. . . Bach also involved section 316.185, Florida Statutes (1989), which concerns special hazards. . . .

BACH v. MURRAY,, 658 So. 2d 546 (Fla. Dist. Ct. App. 1995)

. . . counsel persuaded the trial court over Bach’s objection to instruct the jury that violation of section 316.185 . . . Specifically, the objectionable instruction read in pertinent part as follows: Violation of Florida Statute 316.185 . . . Chapter 316.185 of the Florida Statutes is entitled Special Hazards. . . .

SAFETY KLEEN CORPORATION, a v. RIDLEY, 666 So. 2d 913 (Fla. Dist. Ct. App. 1995)

. . . Standard Jury Instruction 4.11 in reference to violations of section 316.183, Unlawful Speed, and section 316.185 . . .

GRIEFER B. v. DiPIETRO a k a a k a J. a k a a k a No a k a, 625 So. 2d 1226 (Fla. Dist. Ct. App. 1993)

. . . unlawful speed instruction was not duplicated or covered by an instruction on special hazards (section 316.185 . . .

KAO v. J. LAUREDO,, 617 So. 2d 775 (Fla. Dist. Ct. App. 1993)

. . . See generally § 316.185, Fla.Stat. (1991). . . .

POPEJOY, POPEJOY, v. HARRISON, 615 So. 2d 823 (Fla. Dist. Ct. App. 1993)

. . . specifically mentioned in the court’s opinion, I would also require an instruction, as requested, on section 316.185 . . .

A. ROBINSON S. v. W. GERARD B., 611 So. 2d 605 (Fla. Dist. Ct. App. 1993)

. . . give plaintiffs’ requested instruction, as modified, on special hazards as follows: Florida Statute 316.185 . . .

C. SOTUYO, v. WILLIAMS,, 587 So. 2d 612 (Fla. Dist. Ct. App. 1991)

. . . Control Law, specifically section 316.183(1), Florida Statutes, relating to unlawful speed, and section 316.185 . . . Standard Jury Instruction 4.11 in reference to violations of section 316.183, Unlawful Speed, and section 316.185 . . . Section 316.185 provides as follows: The fact that the speed of a vehicle is lower than the prescribed . . . the special hazard (the bicyclist) and that his failure to do so constituted a violation of section 316.185 . . .

N. RATLEY, Jr. v. BATCHELOR,, 599 So. 2d 1298 (Fla. Dist. Ct. App. 1991)

. . . .-081, 316.185, and 316.1925, but denied her request for the following instruction based on section 316.515 . . .

SEABOARD COASTLINE RAILROAD COMPANY, v. ADDISON,, 502 So. 2d 1241 (Fla. 1987)

. . . careless driving) and 316.183 (unlawful speed) was not error, but the failure to instruct on section 316.185 . . .

R. BURLESON v. J. FEALLOCK, III,, 417 So. 2d 1149 (Fla. Dist. Ct. App. 1982)

. . . The evidence does not support a finding of a violation of Sections 316.183(4) and 316.185, Florida Statutes . . .

STATE v. LEE, STATE v. G. JULIO,, 356 So. 2d 276 (Fla. 1978)

. . . .-184, 316.185, 316.186, 316.196, 316.197, 316.-198, 316.205, 316.206, 316.217, 316.236, 316.-238, 316.2431 . . .

MENARD W. v. O MALLEY,, 327 So. 2d 905 (Fla. Dist. Ct. App. 1976)

. . . . § 316.185, “Special hazards,” was error under the circumstances presented by the evidence. . . .