Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 316.1985 | Lawyer Caselaw & Research
F.S. 316.1985 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.1985

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.1985
316.1985 Limitations on backing.
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.
(3) 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. 1, ch. 76-31; s. 149, ch. 99-248.
Note.Former s. 316.098.

F.S. 316.1985 on Google Scholar

F.S. 316.1985 on Casetext

Amendments to 316.1985


Arrestable Offenses / Crimes under Fla. Stat. 316.1985
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1985.


Civil Citations / Citable Offenses under S316.1985
R or S next to points is Mandatory Revocation or Suspension

S316.1985 BACKING - improper/BACKING on limited access facility - Points on Drivers License: 3
S316.1985 (1) BACKING - improper - Points on Drivers License: 3
S316.1985 (2) Improper Backing on limited access facility - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. E. DAVIS,, 773 F.3d 334 (1st Cir. 2014)

. . . To be sure, § 316.1985(1) provides alternative means by which a motorist may violate the statute. . . .

UNITED STATES v. SMITH,, 772 F.3d 680 (11th Cir. 2014)

. . . Jury Instruction Smith II refers to “[t]he standard criminal jury instruction ... for section 316.1985 . . .

UNITED STATES v. ORTIZ,, 536 F. App'x 893 (11th Cir. 2013)

. . . . § 316.1985(1) (2006). . . .

M. PEREZ, v. SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA,, 917 F. Supp. 2d 1261 (S.D. Fla. 2013)

. . . prudent person to believe that Plaintiff had backed unsafely, a violation of Florida Statute section 316.1985 . . .

R. KNITE, v. STATE, 102 So. 3d 691 (Fla. Dist. Ct. App. 2012)

. . . of the underlying information charged the defendant with aggravated fleeing in violation of section 316.1985 . . .

T. NELSON, v. STATE, 922 So. 2d 447 (Fla. Dist. Ct. App. 2006)

. . . Section 316.1985(1), Florida Statutes (2002), provides: “Limitations on backing. — (1) The driver of . . . Stat. (1967), which contained the same provision as § 316.1985(1), Fla. Stat. (2002)). . . . Nelson did not violate section 316.1985(1), and there was no probable cause for the vehicle stop. . . .

BELL, Jr. v. HARLAND RAYVALS TRANSPORT, LTD., 501 So. 2d 1321 (Fla. Dist. Ct. App. 1986)

. . . 4.11, which would have informed the jury that a violation of a traffic ordinance, specifically section 316.1985 . . .