Florida Habitual Traffic Offender Laws
How do you become a habitual traffic offender in Florida? A Tampa woman received a criminal citation for Driving While License Suspended or Revoked with Knowledge (DWLSR) in 2006. The Tampa woman went to court and entered a plea to resolve the suspended license. The court accepted the Tampa woman's plea and "withheld adjudication" for the DWLSR offense.
Later in 2006, the woman received another citation for Driving While License Suspended or Revoked in Hillsborough County , this time without knowledge, which is a civil infraction that does not require a court date. The Tampa woman paid the DWLS without knowledge ticket.
In 2007, the Tampa woman goes to court for another charge of Driving while license suspended with knowledge and again receives a withhold of adjudication.
Although adjudication was withheld for two of these offenses, the Department of Motor Vehicles still counts the offenses as "convictions" for purposes of the habitual traffic offender statute, Section 322.27(5).
In late 2007 the Tampa woman receives a letter from the State of Florida Department of Highway Safety and Motor Vehicles which notifies her that her driving privilege is about to be revoked for five years as a habitual traffic offender because of the three "convictions" mentioned above. Continue below...
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After suffering under the HTO suspension for more than one year the Tampa woman discovers that she is eligible to attempt to lift the HTO suspension with the help of an attorney. The Tampa woman hires the Sammis Law Firm to attempt to overturn or vacate one of the three underlying offenses that caused the Habitual Traffic Offender designation on January 29, 2009 (which is within two years of the last offense). A Tampa habitual traffic offender attorney from the Sammis Law Firm files a Rule 3.850 Motion which is heard by the Honorable James V. Dominguez, Judge of the Hillsborough County Court, Division A on February 9, 2009 (less than one month after the firm is retained to represent the Tampa woman). At the hearing the court grants the motion to vacate and rescheduled the final resolution of the case for March 26, 2008, which will give the Tampa woman time to get her driver's license reinstated after the HTO suspension is lifted.
Many people suffer under the five year habitual traffic offender revocation in Florida not knowing that they can attempt to vacate (or clear) a prior underlying offense that caused the suspension. You must act quickly because the motion must be filed within certain time periods, and different post-conviction remedies are available either 30 days after the conviction, 60 days after the conviction, or 2 years after the conviction. If you have lost your Florida driver's license because of a habitual traffic offender revocation under Florida Statutes Section 322.27(5), contact an experienced criminal defense attorney to file and litigate a motion to vacate or set aside one of the convictions that caused your five year Florida Habitual Traffic Offender revocation.
Clink here for more information about hiring a TAMPA HABITUAL TRAFFIC OFFENDER ATTORNEY. Or call our office at 813-250-0500 to discuss your case today with an attorney that has a proven track record of success in fighting habitual traffic offender revocations.