Habitual Traffic Offender
The decision to designate a driver as a habitual traffic offender (HTO) is made by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Because the penalties are severe, it’s important to contact 911 Biker Law and speak with an experienced motorcycle lawyer immediately following the receipt of HTO designation notice. Contact us to speak with an experienced vehicular crimes attorney today.
Habitual Traffic Offender Explained
A person is designated as an HTO under Florida Statute § 322.264 if in a five-year period their driving record reflects three or more of the following convictions:
- Any felony involving the use of a motor vehicle;
- Driving a commercial vehicle with disqualified driving privilege;
- Driving under the influence;
- Driving with a revoked or suspended license;
- Failure to stop and render aid as required under Florida law when a vehicle crash leads to the death or personal injury of another person; and/ or
- Involuntary or voluntary manslaughter resulting from the use of a motor vehicle.
Contact 911 Biker Law to speak with a motorcycle accident attorney Orlando residents can rely on. An experienced attorney will review your case, including full driving record, and research options available to mitigate the effects of an HTO designation.
Moving Violations & Points On Your Driving Record
HTO status may also be applied if a person accrues 15 or more convictions for moving traffic violations in a five-year period. Examples of moving violations include:
- Driving without a seat belt;
- Leaving the scene of an accident;
- Not stopping at a red light or stop sign;
- Passing a stopped school bus;
- Reckless driving; and/or
Each moving violation is assigned a specific number of points as outlined in Florida Statute § 322.27. If a driver accumulates at least 12 points in a specified timeframe, his / her driver’s license will be suspended. Three convictions for driving with a suspended license in five years is a common reason for an HTO designation.
Penalties For Habitual Traffic Offender Notice
The penalty for an HTO designation is a minimum five-year revocation of your driver’s license by the Florida DHSMV. It’s a third-degree felony to continue to drive as a habitual traffic offender and penalties include up to five years in prison and up to $5,000 in fines.
A vehicular crimes attorney with 911 Biker Law can fully review the situation and build a compelling defense for you. There are several motions available to appeal the HTO designation, including requesting an administrative review. Contact our office today to begin appealing the state’s decision of a HTO designation.
Applying For A Hardship License
A hardship license may be issued for business or work purposes only, depending on the license for which you apply. A business-only hardship license grants you the privilege of driving to necessary activities related to your livelihood, such as commuting to and from school, work, and medical appointments. Work-purpose only hardship license restricts driving to employment-related activities.
You can apply for a hardship license one year after your driver’s license was revoked. The process is handled by the Florida Administrative Reviews Office and requires an HTO designee to:
- Take a required test;
- Submit proof you’re currently enrolled in an Advanced Driver Improvement course;
- Pay license reinstatement fees; and
- Pay any fees related to applying for a new driver's license.
Contact 911 Biker Law to speak with a vehicular crimes attorney Florida drivers can rely on to help with an HTO designation. Our attorneys can help you apply for a hardship license and make sure your application is complete when submitted.
Orlando Motorcycle Accident Attorney
Receiving notification of an HTO designation can be distressing as many people throughout the Orlando, FL, area rely on personal vehicles for commuting to and from daily activities. If you’ve received a HTO designation notice from the DHSMV, call 911 Biker Law to speak with a motorcycle attorney in Orlando today. You have 30 days from receiving the HTO notice to contest the decision and our law firm may be able to help salvage your driving privileges.