ERIC J DIRGA, PA
If you received a letter from the DMV indicating that your driver’s license will be suspended for 5-years as a Habitual Traffic Offender, then submit the form information below or text me at 407-434-1858 for a quick response. I may be able to get your license back.
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 [DUI].
- 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.
Driving While Your License is Suspended as a Habitual Traffic Offender
Once you have been designated a Habitual Traffic Offender the Department of Highway Safety and Motor Vehicles will suspend your license for 5-years. If you are caught driving while your license is suspended as a habitual traffic offender you will be arrested and taken to jail. You will face the possibility of felony charges. It is a third degree felony to drive with a suspended driver’s license under certain circumstances.
Defending Habitual Traffic Offender Charges
One of the keys to your defense is knowing how you became labelled a Habitual Traffic Offender. I can help you with this and it will require a current and complete driving record. Defenses include getting your driver’s license back, driving record review, stop issues, and more.
Other factors involve whether you were actually driving or just in actual physical control of the vehicle. Each case stands on its own and everything will need to be reviewed including your past driving history.
The way the Department calculates HTO status is flawed, but all courts follow the DMV’s methods.
The Habitual Traffic Offender Letter from DMV
If you recently received a letter from the Department indicating that your license will soon be suspended for 5-years you should immediately contact us. There may be a way for us to get your driver’s license back. We will need your complete driving record and the letter that the DMV sent you if you still have it.
The HTO Letter is an Administrative Order
The letter is an “order” which means that you have some rights regarding seeking relief. Under some circumstances you only have thirty days from the date on the letter to obtain relief. However, there are other forms of relief that extend beyond 30 days. Time is of the essence so you need to act fast – the sooner the better.
You May Be Able to Get Your license Back
If you have received the HTO letter I may be able to get your license back. Sometimes it’s possible to undo the mistake that was made and make the 5-year suspension go away. I will need a current and complete driving record that you can obtain from the Department of Highway Safety and Motor Vehicles [DMV] to determine if this can be done.
How To Avoid Being Designated as a Habitual Traffic Offender
The law puts the burden on you to make sure your license is valid. By routinely checking your driver’s license status you can know if it is or is about to be suspended. The Department typically sends a letter in advance of a license suspension. They also annotate any suspensions or pending suspensions on their website.
You can check to see if your license is suspended by going to the Driver’s License Check page.
The Driving While License Suspended Ticket
Another thing to look out for is if you are ever ticketed for Driving While License Suspended. You should never just pay those citations. That is the easiest path to a 5-year revocation. Contact us whenever you receive a traffic ticket and we will make sure you are not facing a suspension.
