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Florida Statute 316.2004 | Lawyer Caselaw & Research
F.S. 316.2004 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.2004

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.2004
316.2004 Obstruction to driver’s view or driving mechanism.
(1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.
(2)(a) No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides or with the driver’s control over the driving mechanism of the vehicle.
(b) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which materially obstructs, obscures, or impairs the driver’s clear view of the highway or any intersecting highway.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 318, ch. 95-148; s. 151, ch. 99-248.
Note.Former s. 316.093.

F.S. 316.2004 on Google Scholar

F.S. 316.2004 on Casetext

Amendments to 316.2004


Arrestable Offenses / Crimes under Fla. Stat. 316.2004
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2004.


Civil Citations / Citable Offenses under S316.2004
R or S next to points is Mandatory Revocation or Suspension

S316.2004 Driver's VIEW/DRIVING MECHANISM OBSTRUCTED by load or passenger/Driver's VIEW impaired by SIGN/POSTER/NONTRANSPARENT material - Points on Drivers License:
S316.2004 (1) Driving while view obstructed - Points on Drivers License: 0
S316.2004 (2)(a) Passenger obstructing Driver's view - Points on Drivers License: 0
S316.2004 (2)(b) Driving while view obstructed by material - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

GORDON, v. STATE, 901 So. 2d 399 (Fla. Dist. Ct. App. 2005)

. . . The State’s Argument Section 316.2004(2)(b) was the statute cited in the warning of traffic violation . . . Section 316.200h(2)(b) Section 316.2004(2)(b) forms part of the Florida Uniform Traffic Control Law. . . . Fursuant to section 316.2004(3), ⅜ (Violation of section 316.2004(2)(b) is a noncriminal traffic infraction . . . We find persuasive authority for our interpretation of section 316.2004(2)(b) in United States v. . . . The analysis of section 316.2952(2) is similar to the analysis of section 316.2004(2)(b). . . .