Having a driver’s license is required as a driver in Florida. However, if you are designated as a Habitual Traffic Offender (HTO), you lose your driver’s license for five years, which can make getting to and from work, the grocery store, school, and even the doctor’s office nearly impossible. In a state that relies so heavily on cars for transportation, a revoked license can make it feel like all semblance of having control over your life has disappeared.
If your Florida driver’s license has been revoked because you have been designated as Habitual Traffic Offender (HTO), contact a criminal defense lawyer about your legal options. Criminal Defense Attorney Brian Gabriel has over 30 years of experience fighting various types of charges, including driving infractions. When you need your driving privileges reinstated, you can count on Mr. Gabriel to handle your case using all the knowledge and skill developed over the span of his career.
What To Know If You Have Been Designated as a Florida Habitual Traffic Offender (HTO)
Three or more convictions for serious traffic offenses within a five-year period can lead to being labeled a Habitual Traffic Offender (HTO) by Florida Highway Safety and Motor Vehicles per Florida Statute §322.264.
Serious traffic offenses may include:
- Driving with a suspended or revoked license
- Driving under the influence (DUI)
- Vehicular manslaughter
- Leaving the scene of an accident
- Driving a commercial vehicle without a valid CDL
- Committing any felony offense with a motor vehicle
- Failing to render aid after a collision that resulted in the personal injury or death of another motorist
- Having at least 15 convictions for moving traffic violations
When it comes to driver’s license suspensions, the State may reinstate a suspended license after all of the terms of the suspension have been met. Driver’s license revocations, on the other hand, are typically permanent. Anyone who has had their license revoked because they have been designated as an HTO may be able to fight to get their driver’s license back with the help of a skilled traffic lawyer.
How Could A Florida Traffic Lawyer Help You Get Your License Back?
You may challenge your license revocation within 30 days of receiving the notice from Florida Highway Safety and Motor Vehicles. Certain legal actions may also occur within 60 days of your last traffic conviction or ticket and up to two years after your last conviction or traffic ticket.
An attorney who handles traffic offenses has an established professional relationship with judges, prosecutors, and others who work for the court that will handle your case. By having a lawyer with a longstanding relationship among these professionals to represent you could work in your favor and help you attain your desired result.
An attorney can also appeal to the court the possibility of removing the most recent traffic conviction that led to your HTO status. By filing a post-conviction motion to address the court, it may be possible to remove a previous license suspension conviction. Once the court vacates and removes your conviction from your driving record, Florida HSMV must remove your five-year revocation, allowing you to return to your normal life and drive your vehicle without any restrictions.
It should also be noted that the Florida Supreme Court made changes to the Rules of Traffic Court in 2019 to simplify the process and legal arguments for removing a person’s HTO status. The rules now include the following:
- Correction of Penalty: An official may at any time correct an illegal penalty.
- Reduction of Penalty: An official may reduce a legal penalty within 60 days after its imposition or thereafter with good causes shown.
Overturn A Florida Habitual Traffic Offender (HTO) Designation with a Skilled Attorney
Criminal Defense Attorney Brian Gabriel has more than 30 years of experience helping the people of South Florida resolve a myriad of traffic issues. Mr. Gabriel is a trusted attorney who stays ahead of the latest legislation at the local, state, and federal levels and is experienced in weighing all the facts of your traffic charges to provide the best defense for your situation.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.