How to Avoid a Florida Habitual Traffic Offender Suspension

Find out how you can get your driver's license reinstated after getting the habitual traffic offender status removed from your driving record. Call the Sammis Law Firm at 813-250-0500 to speak directly with an attorney about your case.

If you have received notice of a Florida Habitual Traffic Offender suspension from the Department of Motor Vehicles you must act quickly to preserve all of your rights to contest the suspension. An experienced Florida Habitual Traffic Offender (HTO) Attorney can file a motion to remove one or more of the underlying offenses that caused your suspension, especially if one of those offenses was for Driving While License Suspended.

The ideal time to hire an attorney to attack the underlying offense that cause the suspension is within 30 days of when you plead guilty or paid the ticket. However, you can contest the suspension up to two years after you were found guilty of one of the underlying offenses that caused the suspension. Many individuals in Florida are suffering the effects of a five year Habitual Traffic Offender suspension needlessly. A Tampa criminal attorney may be able to "undo" that underlying offense allowing you to then obtain a valid driver's license.

A motion for rehearing must usually be filed within 30 days after the conviction occurred (or 60 days with the court's permission, which is usually granted). Even if you are outside of the 30 to 60 day time period for a motion for rehearing, a post conviction motion called a Rule 3 or Rule 3.850 motion can be filed up to two years after the underlying offense.

In some cases it is necessary to request an administrative records review hearing with the DHSMV within 30 days after the Order of Revocation is issued. For more information, visit our Habitual Traffic Offender (HTO) website.

322.264 "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, 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;
(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.
History.--s. 2, ch. 72-175; s. 21, ch. 73-331; s. 4, ch. 74-384; s. 8, ch. 84-359; s. 21, ch. 86-296; s. 21, ch. 89-282; ss. 11, 21, ch. 91-255; s. 13, ch. 97-96; s. 291, ch. 99-248.

Call an Tampa criminal attorney if you have been declared a Habitual Traffic Offender under Florida law for offenses that occurred in Hillsborough County, Pinellas County, Polk County, Pasco County, Sumter County, Lake County, Orange County, Manatee County or Sarasota County, call the Sammis Law Firm at 813-250-0500 to discuss the possibility of clearing your habitual traffic offender status so that you can reinstate your driver license.


Unknown said...

phew has had 10 traffic violations in the last 10 years. Only two in the last 5, he is trying to join the navy but they will not take him because anything over 8 must be waived and they arwe not accepting waivers. Is there anyway to have the oldest ones removed from his record?

Charles said...

Nice article! Too bad many offenders do not know the bad consequences of repetitive offenses on the road.