What is a Habitual Traffic Offender?

As a Jacksonville Criminal Defense Attorney, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their license. This will have a negative impact on an individual’s job, social life, travel, and acquiring basic necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. But, what actually is a Jacksonville Habitual Traffic Offender and how can I prevent becoming a Jacksonville Habitual Traffic Offender?

Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

3 or more convictions of any one or more of the following arising out of separate acts:
[a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR
15 convictions for moving traffic offenses for which points may be assessed

Unfortunately, after being labeled a HTO the pain does not stop there. According to Florida Statute § 322.331, after the statutory period, the individual can petition the Court for restoration of driving privileges. There will be an administrative hearing to determine restoration and to determine whether to issue a restricted or unrestricted license.

This is a complicated process of reinstating your license once it has been revoked. Not to mention all the additional fees required before your license will be reinstated. The best approach is to avoid HTO status in the first place. A Jacksonville Criminal Defense Lawyer can evaluate your driving history and determine the best course of action heading forward to prevent the revocation of your license. If you have multiple traffic violations or have been labeled HTO, contact a Jacksonville Criminal Defense Lawyer today.