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Florida Statute 316.238 | Lawyer Caselaw & Research
F.S. 316.238 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.238

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.238
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.
(b) Whenever the driver of a vehicle approaches another vehicle from the rear within 300 feet, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in ss. 316.237(1)(a) and 316.430(2)(a).
(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.

F.S. 316.238 on Google Scholar

F.S. 316.238 on Casetext

Amendments to 316.238


Arrestable Offenses / Crimes under Fla. Stat. 316.238
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.238.


Civil Citations / Citable Offenses under S316.238
R or S next to points is Mandatory Revocation or Suspension

S316.238 HEADLIGHTS - FAIL TO DIM - Points on Drivers License: 3
S316.238 (1)(a) Fail dim headlights/improper adjustment - Points on Drivers License: 3
S316.238 (1)(b) Fail dim lights from rear - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

T. DEROSA, J. v. SHERIFF OF COLLIER COUNTY, FLORIDA, M., 416 F. App'x 839 (11th Cir. 2011)

. . . . § 316.238, and James signed the citation using a pencil. . . .

T. DeROSA J. v. RAMBOSK, M. W., 732 F. Supp. 2d 1285 (M.D. Fla. 2010)

. . . did, and wrote a traffic citation for failure to dim headlights, in violation of Florida Statute § 316.238 . . . Stat. § 316.238(l)(a), (2). . . .

STATE v. SHUMAKER,, 846 So. 2d 1199 (Fla. Dist. Ct. App. 2003)

. . . Shumaker for failing to dim his high beams within 500 feet of oncoming traffic, in violation of section 316.238 . . . failing to dim his high beams while following within 300 feet of another vehicle, in violation of section 316.238 . . .

ROBINSON, v. STATE, 667 So. 2d 384 (Fla. Dist. Ct. App. 1995)

. . . informed the driver he had been stopped for the high beam violation, a civil infraction under section 316.238 . . .

HESTER, v. STATE, 563 So. 2d 191 (Fla. Dist. Ct. App. 1990)

. . . .- The appellant claims the trial court erred in finding that section 316.238, Florida Statutes (1985 . . . conclusion that reading section 316.003(43), Florida Statutes (1985), with subsection (2) of section 316.238 . . .

STATE OF FLORIDA v. DAVIS, 27 Fla. Supp. 2d 85 (Palm Beach Cty. Ct. 1988)

. . . facts, there is also no doubt that the Deputy properly stopped the Defendant for suspicion of violating 316.238 . . .

STATE OF FLORIDA v. COMEAU, 26 Fla. Supp. 2d 72 (Volusia Cty. Ct. 1987)

. . . The defendant is charged with D.U.I. and failing to dim headlights in violation of Section 316.238 F.S . . . Section 316.238 F.S. states: “Use of multiple-beam road lighting equipment. — Whenever a motor vehicle . . .

STATE v. CLARK,, 511 So. 2d 726 (Fla. Dist. Ct. App. 1987)

. . . because it failed to dim its headlights as the two cars passed on the Interstate, relying on Section 316.238 . . . The trial court granted appel-lee’s motion to suppress, finding that Section 316.238 did not require . . . It is clear from a plain reading of Section 316.238(1), Florida Statutes, in conjunction with the definitional . . . Section 316.-238(1), relied upon by the state trooper, provides as follows: 316.238 Use of multiple-beam . . . It is clear that the requirement in Section 316.238(1) that a driver dim his headlights for oncoming . . .