Tampa Habitual Traffic Offender Lawyer

If you’ve been labeled a habitual traffic offender (HTO) in Florida, your driver’s license may be suspended or revoked for up to five years. Losing your driving privileges can have severe negative consequences, affecting your ability to work, care for your family, and manage daily responsibilities.

At Hersem Law, we understand how devastating an HTO designation can be. Our experienced Tampa habitual traffic offender lawyer is here to help you fight back, challenge your habitual traffic offender status, and explore legal options to restore your license. Whether you’ve accumulated too many points, been caught driving with a suspended license, or need help obtaining a hardship license, we can guide you through the process.

What Is a Habitual Traffic Offender in Florida?

A habitual traffic offender is someone who has been convicted of serious traffic offenses within a five-year period. Under Florida law, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) imposes a five-year revocation of your Florida driver’s license if you meet the habitual traffic offender designation criteria.

According to Florida Statutes Section 322.264, a person may be classified as an HTO if they have:

• Three or more convictions for certain criminal offenses such as driving while license suspended, DUI, or vehicular manslaughter
• Fifteen or more convictions for moving traffic offenses that result in points on their driving record
• Any combination of serious offenses and point-related violations within a five-year period

Once labeled an HTO, you will lose your driving privileges for five years, and if you’re caught driving, you could face criminal charges, including a third-degree felony punishable by up to five years in Florida state prison.

Common Traffic Offenses That Lead to HTO Status

HTO status is typically triggered by a history of traffic violations and criminal convictions related to driving offenses. Some of the most common qualifying offenses include:

• Driving while license suspended or revoked
• DUI or reckless driving
• Leaving the scene of a motor vehicle crash resulting in injury or death
• Failing to render aid after an accident
• Obtaining a driver’s license fraudulently
• Accumulating too many points from moving traffic offenses

Even minor infractions, such as simply paying a traffic ticket without realizing it could count as a prior conviction, may contribute to an HTO designation.

The Consequences of an HTO Suspension

Once you have been classified as an HTO, your Florida driver’s license will be revoked for five years. If you continue to drive, you risk serious legal consequences, including:

• A third-degree felony charge for driving while license suspended as a habitual traffic offender
• Fines, probation, and up to five years in prison
• Further extension of your license suspension period
• Difficulty obtaining a hardship license or reinstating your driving privileges

Additionally, an HTO suspension can lead to other long-term consequences, such as higher insurance rates, employment challenges, and a permanent mark on your criminal record.

Legal Options for Habitual Traffic Offenders in Florida

If you are facing an HTO designation, you may have options to restore your driving privileges. At Hersem Law, our criminal defense attorney can evaluate your case and help you:

• File a post-conviction motion to remove or amend a prior conviction
• Challenge improper traffic offenses that contributed to your HTO status
• Seek a hardship license to regain limited driving privileges
• Navigate the Florida DMV’s complex reinstatement process

Our Tampa habitual traffic offender lawyer understands the legal challenges associated with HTO suspensions and works to find solutions that fit your unique situation.

Can You Get a Hardship License as an HTO in Florida?

A hardship license allows you to drive for essential purposes, such as work or school, despite having a suspended license. However, obtaining a hardship license as an HTO is not automatic. You must:

1. Serve at least one year of your five-year revocation
2. Complete a 12-hour Advanced Driver Improvement (ADI) course
3. Apply for a hardship license hearing with the Florida Department of Highway Safety and Motor Vehicles
4. Demonstrate that you need driving privileges for employment or essential needs

Having a skilled Tampa habitual traffic offender lawyer on your side can improve your chances of successfully obtaining a hardship license.

Defending Against an HTO Suspension

At Hersem Law, we take a personalized approach to habitual traffic offender cases. Depending on your situation, we may challenge traffic citations, negotiate to amend prior convictions, or argue that separate acts should not count toward your HTO designation.

Some possible defenses include:

• Demonstrating that a prior conviction was a civil infraction, not a criminal offense
• Arguing that traffic offenses arising from the same incident should not be counted separately
• Proving that you were improperly classified as an HTO due to an administrative error by the Florida DMV

Our criminal defense lawyer will examine all legal avenues to help you avoid the harsh penalties associated with habitual traffic offender revocation.

Contact a Tampa Habitual Traffic Offender Lawyer Today

Losing your driver’s license due to habitual traffic violations can be overwhelming, but you don’t have to face it alone. Our legal team at Hersem Law has extensive experience handling license suspended cases and fighting HTO suspensions.

Learn more about Tampa habitual traffic offender cases. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward getting back on the road.

Frequently Asked Questions

1. Can I remove my habitual traffic offender status in Florida?
Yes, you may be able to remove your HTO status by filing a post-conviction motion to challenge a prior conviction, arguing that offenses should not have been counted separately, or requesting a hardship license after serving one year of your suspension.

2. What happens if I’m caught driving with an HTO suspension?
Driving while labeled a habitual traffic offender is a third-degree felony punishable by up to five years in prison, heavy fines, and an extended suspension period.

3. Can I still get a hardship license if my driver’s license is revoked as an HTO?
Possibly. You must serve at least one year of your five-year revocation, complete an ADI course, and apply for a hardship license through the Florida DMV.

4. How does the Florida Department of Highway Safety and Motor Vehicles determine HTO status?
The department of highway safety reviews your driving record for qualifying offenses within a five-year period. If you meet the habitual traffic offender criteria, your Florida driver’s license will be revoked for five years.

5. What are the most common qualifying offenses that lead to HTO designation?
Qualifying offenses include DUI, driving while license suspended, leaving the scene of an accident, and accumulating too many points from moving traffic offenses.

If you need help challenging your HTO suspension, contact Hersem Law today for a free consultation.