Habitual Traffic Offender

Habitual Traffic Offender

Tampa Habitual Traffic Offender Attorney

Florida Habitual Traffic Offender (HTO)

Under Florida Law, if a person has three or more convictions of any of the following offenses arising out of separate acts within 5 years, they will be designated a Florida Habitual Traffic Offender:

  1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
  2. DUI;
  3. Any felony in the commission of which a motor vehicle was used;
  4. Driving a motor vehicle while his or her license is suspended or revoked;
  5. 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
  6. Driving a commercial motor vehicle while his or her privilege is disqualified.

Also, if a person has 15 convictions for moving traffic offenses within 5 years, they will be designated a Florida Habitual Traffic Offender.

What is the effect of being designated a Florida Habitual Traffic Offender?
Being a Habitual Traffic Offender is not a crime, rather it is a designation made by the Florida Department of Highway Safety and Motor Vehicles that results in a five-year revocation of the person’s Florida Driver’s License.

Can you get a hardship license as a Florida Habitual Traffic Offender?
A Florida Habitual Traffic Offender is not eligible for a hardship license for the first year of their Habitual Traffic Offender designation.  After the first year, a hardship license may be possible but there is no guarantee.

What if you drive while on a Florida Habitual Traffic Offender Revocation?
In Florida, Driving as a Habitual Traffic Offense Offender is a third-degree felony punishable by a maximum of:

Five years of imprisonment
A $5,000.00 fine
5 years of probation

Is There A Way To Get Rid Of The Florida Habitual Traffic Offender Revocation?
Often times, yes.

For example, you may be able to fight the decision to classify you as a habitual traffic offender. If you have received a notice of a Florida Habitual Traffic Offender designation, you have thirty days from the date you receive the notice to bring any legal challenges you may have.

Also, you may be able to attack the prior convictions that made you a Habitual Traffic Offender in the first place. This is done through a Motion to Vacate, which challenges the validity of a prior conviction. If the challenge is successful, it may result in removal of the 5-year Habitual Traffic Offender Revocation.

If you have received a letter from the Florida Department of Highway Safety and Motor Vehicles notifying you of a Habitual Traffic Offender revocation, or you have been arrested for driving while on Habitual Traffic Offender status in Hillsborough, Pinellas, or Pasco Counties, you may have options to save your license.

Contact Attorney David C. Hardy for assistance.