Florida Habitual Traffic Offender Defenses

The Department of Highway Safety and Motor Vehicles [DMV] will designate anyone as a habitual traffic offender if they have committed certain specified traffic offenses, namely driving with a suspended drivers license.  Once the DMV calculates that someone meets the requirements to be designated a habitual traffic offender they will notify them by mail and shortly thereafter suspend their driving privilege for 5-years. 

If you receive this letter do not hesitate - contact us immediately to possibly save your drivers license.  A time-clock has started to tick away and you do not have time to waste.  We have represented hundreds of people for these offenses with success - we know the law.

It Is Typically a Felony, Punishable up to 5-years in Prison

Driving as a habitual traffic offender is against the law.  Up until the Summer of 2008 it was always a felony offense punishable up to 5-years in prison. Today the offense can be classified as a misdemeanor under certain conditions.  Either way, if you are caught driving or in actual physical control of an automobile while you are designated as a Habitual Traffic Offender - you will be arrested and taken to jail.

(The Florida Legislature in 2008 felt that too many people were being incarcerated for DWLS-HTO so they made certain situations misdemeanors.  Unfortunately, the State Prosecutors did not get the memo.  They push for jail on just about all misdemeanor HTO cases.)

Defending Driving as a Habitual Traffic Offender

This law is complicated.  There have been many cases ruled on that have added to this confusion.  We have been successful in fighting HTO suspensions and charges for many years. Knowledge of the law and experience dealing with these cases has helped us keep many clients from jail.  One of the goals we have with all our clients is to get there drivers license back - to have it "un-suspended" if possible.

You May Be Able to Avoid the Suspension

If you want to have a chance of getting your driver's license back call us immediately - (407) 841-5555. The Florida Traffic Rules allow for modifications that could get your drivers license back but there is a time limit (click HTO Time Limits for more info on the time limits and possible exceptions).  Otherwise your driver's license will be suspended for a period of 5 years with a 12 month hardship period (No driving privilege at all).

DMV Notifies Drivers by Mail

Notification of any license suspension is done by mail. The DMV sends a letter to the current address on your license - always keep your address up to date on your drivers license (click Update License Address to update your address). This letter is titled "ORDER." That word has significance as I describe below. The only thing you need to know is that you only have thirty days to appeal that order.

To Speak With Criminal Defense Attorney Eric J Dirga...

We have represented people who are labeled as habitual traffic offenders for many years.  We not only defend people who have been caught driving as a habitual traffic offender, we also try to get their drivers license back so that they can drive legally.  Contact us if you are a habitual traffic offender for a consultation.

All our consultations are free.

Additional Information Regarding DL Suspensions

Suspended Drivers License Issues	Q & A
Driving on Suspended Drivers License	DWLS Statute
Driving as Habitual Traffic Offender	HTO Statute
Getting Your Drivers License Back	Suspension Law

Criminal Traffic Cases We Defend

Street Racing	Drunk Driving
Driving with Suspended License	Motorcycles
Habitual Traffic Offender	Reckless Driving
Leaving Scene of Accident	2nd Refusal
Violation of DL Restriction	All Tickets
Fleeing Eluding Police	Probation Violations

What is a Habitual Traffic Offender

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

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 in criminal cases).

- Failure to render aid in the event of a motor vehicle crash resulting in the death or personal injury of another.

OR, a person with 15 convictions for moving traffic violations for which points may be assessed.

If you have just received a habitual traffic offender letter

 - call us as soon as possible!  There may be a way for us to get your license back. Each case is unique. We will need to see your driving record and the letter the DMV sent you (if you still have it). The letter is an "order" which means that you have some rights regarding seeking relief - HOWEVER, you only have thirty days from the date on the letter. When you call we can set up a time for a consultation or consult over the phone at that time. Our consultations are free.

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