Jacksonville Criminal Defense Lawyer Blog
Do you have a not so perfect driving record? Have you been cited or arrested for driving without a license or when your license is revoked? Have you accrued too many points on your license for it to be valid? Have you received notice that you are labeled as a Habitual Traffic Offender and therefore will have your license revoked for four (4) years? If you answered “yes” to any of the prior questions, the assistance and guidance of a Jacksonville Criminal Attorney may be right for you. I can review you driving record, determine how to proceed forward, and fight to get your license back!
There are a few different events that can lead to HTO status, all of which must occur within a five-year period. The most common is to have three offenses of driving while license is suspended or revoked. It is important to remember that this includes convictions as well as cases where withheld adjudication. Some people make the mistake of believing that because adjudication was withheld and no conviction occurred that these cases are not counted when it comes to determining whether someone is should is a HTO. The HTO sentencing guidelines do examine how many points your license has, they count your convictions and withholds instead. Further, no distinction is made as to whether or not you “knowingly” drove while your license was suspended or not.
HTO status lasts for five years and requires the Department of Highway Safety and Motor Vehicles (DMV) to revoke your license, but there are things that may be done to get you back on the road. After sufficient time and class work, a hardship license may be issued to allow you some right to drive, but with restrictions. After the five year revocation is over, you must petition the DMV to have your license reinstated. A hearing may be required to determine whether or not your reinstatement can be granted or if you should have an alternative, restricted license.
An alternative to suffering the five-year hardship of HTO status is to explore the option of reopening your previous convictions (or withholds). If you were not appraised of all of your rights and did not properly understand the implication of your earlier conviction, it may be possible to vacate your earlier plea and explore alternative charges and pleas. By re-visiting one or more cases in this manner a person may be able to avoid HTO status and continue their driving life like the rest of us.
If you would like more information regarding HTO, check out Law Office of David M. Goldman PLLC‘s website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.