Habitual Traffic Offender Revocations in Florida
Florida Habitual Traffic Offender
Can you erase the Florida Habitual Traffic Offender Revocation?
Concerned about removing a Habitual Traffic Offender (HTO) designation through a post-conviction motion to set aside or vacate one of the underlying convictions?
If your five-year driver’s license revocation occurred within the last two years, you may qualify.
We focus on removing the habitual traffic offender revocation throughout Florida including:
- Tampa and Plant City in Hillsborough County;
- St. Petersburg and Clearwater in Pinellas County;
- Dade City and New Port Richey in Pasco County; and
- Bartow and Winter Haven in Polk County.
Contact us today at 813-250-0500 to discuss your case.
Did you get a letter in the mail from the Florida DMV saying “Surprise, your driver’s license is about to be revoked for five years because you are a Habitual Traffic Offender?”
If so, you are not alone. The Florida Department of Highway Safety and Motor Vehicles reports in 2008 it mailed out 22,742 HTO notices to Florida drivers. In fact, in each of the last three years, more than 20,000 notices when out.
If you have three “convictions” for driving while license suspended or revoked in Florida, then your driver’s license will be revoked for five years as a habitual traffic offender.
Many people wish they could go back in time and avoid one of the three convictions that caused the HTO revocation. Although you can not go back in time, you may be able to undo the damage by filing a post-conviction motion to vacate one of those three offenses that cause the HTO revocation.
If successful, once the judge signs the order to vacate or set aside one of the underlying convictions, the DMV will lift the revocation. Within a matter of days, your driver’s license will become valid again.
Many judges throughout the State of Florida realize how unfair the HTO revocations are, especially for someone with driving while license suspended or revoked revocation as one of the three underlying offenses.
In fact, this is a hot topic at recent judicial conferences in Florida. Different judges in different jurisdictions in Florida handle the problem differently. However, many courts are vacating one of the underlying offenses when the attorney files and litigates the motion properly.
Don’t suffer from the five-year habitual traffic offender revocation. First, you can not obtain a Florida hardship drivers license for any reason for one year. Second, even after you obtain the hardship license your insurance as a habitual traffic offender will be extremely expensive.
Does this really work?
In many cases, you can attack the underlying offense up to two years after the conviction by going back to the traffic court or the criminal court where you were convicted.
However, you only have one chance to file and litigate a post-conviction motion. Call 813-250-0500 to discuss the facts of your case with a lawyer at the Sammis Law Firm today.
How did I become a Habitual Traffic Offender under Florida law?
To become a habitual traffic offender your Florida driving record must show three convictions during a five year period for the following offenses:
- Driving while license suspended or revoked either with or without knowledge;
- DUI – Driving Under the Influence;
- Voluntary or Involuntary Vehicular Manslaughter;
- Driving a car to commit a felony;
- Leaving the scene of an accident involving death or personal injury or another; or
- Driving a commercial vehicle while your privilege is disqualified.
The most common scenario is a driver who has never been convicted of DUI but has received three tickets for driving while license suspended either with or without knowledge.
In many of these cases, the person was convicted of the “without knowledge” version of this offense by simply paying the ticket. In other cases, the person was cited for driving while license suspended with knowledge.
When the person went to court they entered a plea without ever talking with an attorney. The court accepted the plea without ever saying that a five-year revocation would result as a collateral consequence of the plea.
To make matters worse, attorneys with the Public Defenders Office are not allowed to pursue post-conviction motions for their clients to remove a prior offense that will cause the Habitual Traffic Offender Revocation.
Fighting to remove the HTO revocation depends on timing issues because different post-conviction motions can be filed within 30 days after you receive the notice, within 60 days after you were convicted of the last driving offense or ticket, or even two (2) years after you were convicted of the last offense or ticket.
Get a Copy of Your Driving Record and Then Call an Attorney
Call 813-250-0500 to schedule a free consultation over the phone or in the office. We fight to remove the habitual traffic offender designation primarily in Hillsborough County, Pinellas County, Manatee County, Sarasota County, Polk County, Pasco County, and Hernando County.
Submit this form to request a free and confidential consultation with one of our attorneys.