HABITUAL TRAFFIC
OFFENDER (HTO)

Yeah.  It's that bad...
Statewide Representation

A "habitual traffic offender" in Florida is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses listed below within a 5-year period:

1. Three or more convictions of any one or more of the following arising out of separate acts;

- Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
- Driving Under the Influence.
- Any felony conviction in which a vehicle was used.
- Driving a motor vehicle while his or her license is suspended or revoked (adjudication withheld = conviction).
- Failure to render aid in the event of a motor vehicle crash resulting in the death or personal injury of another.

2. Fifteen convictions for moving traffic violations for which points may be assessed.

If the DMV determines that a driver is a habitual traffic offender, the driver's license shall be suspended for a period of 5 years.  Upon the completion of 12 months, the driver may petition the DMV for reinstatement on a restricted basis.

THE LETTER SAYING YOU ARE A HABITUAL TRAFFIC OFFENDER

If you have received a letter from the Department of Highway Safety and Motor Vehicles stating that your license is about to be suspended for FIVE years, click HERE.  There may be a fast way to correct an often benign mistake that caused the suspension.  If not, please read further...

The letter tells you a lot of information.  The first thing you need to read is the word "order" at the top.  This is important because that word starts a 30 day countdown on your ability to challenge the Department's decision to suspend your license.  Once you have received that letter you need to immediately call an attorney for advice and possible solutions.  Delay may waive many errors that the Department did when they decided to suspend your license.  Common DMV mistakes include:

• Listing three offenses that are separated by more than five years.

• Waiting several years before noticing a driver of the suspension.

• Listing wrong offenses.

Remember, you have only 30 days from the date of the letter to address these errors and get your license back.  Call us as soon as possible to discuss your situation.  Our consultations are free.  You can also email us by clicking HERE.

§322.264, Fla. Stat. (2005): "Habitual traffic offender" defined.--A "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(b) Any violation of s. 316.193 (DUI), former s. 316.1931, or former s. 860.01;

(c) Any felony in the commission of which a motor vehicle is used;

(d) Driving a motor vehicle while his or her license is suspended or revoked; (It can be either "with" or "without" knowledge tickets).

(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or

(f) Driving a commercial motor vehicle while his or her privilege is disqualified.

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).

Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

Contact Our Office for Help

A single defense that produces one "withhold" of adjudication may be all it takes to keep a person from losing their license for 5 years.  We will discuss your situation regarding your license, liberty, and all possible defenses.  Consultations are free.  Call (407) 841-5555 to set up an appointment today or click HERE to email us.