Someone classified as a Habitual Traffic Offender in Florida could face potentially harsh penalties that include jail time, fines and permanent revocation of your driver’s license. A driver’s license is imperative for most people to function in daily life. A Habitual Traffic Offender in Florida is defined as someone who has accumulated a certain number of criminal convictions or offenses within a five year period.
Tallahassee Habitual Traffic Offender Defense Lawyer
If you have been charged as a Habitual Traffic Offender in Leon County, an experienced attorney can analyze the facts in your case to have your charge dropped or reduced, or aid you in resolving the underlying charges resulting in your habitual traffic offender status. Don Pumphrey, Jr. is knowledgeable about Florida’s traffic laws, and can find the best possible outcome for your alleged offense. If you have been charged in Florida as a Habitual Traffic Offender, contact Don Pumphrey, Jr. today for a consultation about your alleged offense in Tallahassee.
Florida Habitual Traffic Offender Revocations Information Center
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Florida Definition for Habitual Traffic Offender Revocations
Florida Statutes § 322.264 defines the offenses and criminal convictions that can result in Habitual Traffic Offender status. These can include three or more convictions of:
- Driving under the influence
- Voluntary or involuntary manslaughter
- Any felony resulting from the use of a motor vehicle
- Driving a motor vehicle while a license was suspended or revoked
- Failing to stop and render aid in the event of a motor vehicle crash
- Driving a commercial motor vehicle while disqualified to do so
Habitual Traffic Offender status can also result from fifteen convictions for moving traffic violations within five years under the Florida point system.
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Florida’s Point System
Under Florida’s point system, various traffic violations have points assigned to each violation in order to determine if someone’s license should be suspended for accruing too many points. Numerous traffic violations will lead to excessive points, and a higher likelihood your license will be suspended, and you will be classified as an HTO. The point values for the most common traffic offenses are:
- Crash caused by a speeding violation – 6 points
- Leaving the scene of a crash with property damage more than $50 – 6 points
- Accident caused by another moving traffic violation – 4 points
- Reckless driving – 4 point
- Running a red light – 4 points
- Driving during restricted hours – 4 points
- Passing a stopped school bus – 4 points
- Speeding over 15 miles over the speed limit - 4 points
- Driving with an open container of alcohol - 3 points
- Child restraint violation - 3 points
- Other moving violations – 3 points
- Parking on a highway outside city limits
- Speeding 15 miles per hour or less over the speed limit – 3 points
- Toll violations – 3 points
Fifteen or more of these violations within five years will result in being classified as a Habitual Traffic Offender.
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Hardship License for Habitual Traffic Offenders
You may be eligible to receive a hardship license to drive to and from work even if you have been classified as a habitual traffic offender, and your license has been suspended for a period of five years.
You will not be eligible to receive a hardship license for the first year after your license has been revoked, but after the first year your license was suspended, you can apply for a hardship license through the Administrative Review Office.
Your attorney will file a petition on your behalf to receive a hardship license after you have completed the Advanced Driver Improvement School, and if alcohol was involved in your HTO status, then you will also be required to attend Driving Under the Influence classes. The Florida Department of Highway Safety and Motor Vehicles will then conduct an investigation into your fitness and qualifications to drive. Upon the investigation, an administrative hearing will be held to determine if your driving privileges can be restored completely or only for work-related purposes.
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Penalties for Being a Habitual Traffic Offender
Someone who has been labeled a Habitual Traffic Offender faces a license suspension for up to five years.
If you are caught driving as an HTO, you can face a conviction of a felony of the third degree. This felony can involve Florida prison time of five years or less and/or fines up to $5,000.
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Options to Fight Habitual Traffic Offender License Revocation in Florida
Motion to Vacate or Motion to Set Aside a Conviction – These motions basically requests the court to set aside a previous judgment or court order. Someone who is a Habitual Traffic Offender has up to two years after their license was revoked to file this motion.
Request an Administrative Review Hearing – Someone who believes their driver’s license has been suspended for an unjustified legal reason can request an administrative record review hearing. Someone in this situation only has 30 days after their license was suspended to make this request. Reasons justifying an administrative review hearing include: information was inaccurately recorded on the citation, mistaken identity, errors on your Florida driving record, or more than five years separated the three violations leading to your Habitual Traffic Offender status.
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The Law Offices of Don Pumphrey, Jr. | Florida Habitual Traffic Offender Attorney
If your drivers license has been suspended for 5 years as a habitual traffic offender in Florida, contact the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case. An experienced Tallahassee traffic lawyer may be able to find a defense or other ways to reduce your charge or have it dropped altogether. Lawyer Don Pumphrey, Jr. has represented those accused of Habitual Traffic Offender violations in Florida, and will aggressively fight your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged traffic offense.