What is a Florida Habitual Traffic Offender?

A Florida Habitual Traffic Offender is a driver that has had his or her drivers license suspended for five years due to his or her driving record.  As a Jacksonville drivers license lawyer, I have helped many habitual traffic offenders obtain a valid drivers license.  Jacksonville driving on a suspended or revoked license tickets appear to be the main reason for HTO drivers license suspensions.  If you receive 3 driving on a suspended license convictions with in 5 years, your license will be suspended for 5 years as a habitual traffic offender.  If you do receive a ticket for driving on a suspended or revoked license, you may want to contact a Florida ticket lawyer for help, because you want to avoid a conviction.  Many people do not do this.  Instead, they pay the Jacksonville traffic ticket.  By paying the ticket, they receive a conviction.  If you have too many convictions, this will result in your license being suspended for five years.  If you your drivers license has been suspended as a habitual traffic offender, contact a Jacksonville attorney that has experience with HTO cases.  Call 20 Miles Law at (904) 564-2525.  Feel free to send an email to Find a Lawyer.

You may also be declared a habitual traffic offender due to other traffic infractions on your driving record.  The habitual traffic offender law is Florida Statute Section 322.264.  The law is listed below in its entirety.  It can also be found on the Florida legislative website.  It gives a list of different traffic offenses that will be used against you.

322.264 “Habitual traffic offender” defined. —A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;

(c) Any felony in the commission of which a motor vehicle is used;

(d) Driving a motor vehicle while his or her license is suspended or revoked;

(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or

(f) Driving a commercial motor vehicle while his or her privilege is disqualified.

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).

Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

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