If you have a Habitual Traffic Offender (HTO) designation in Florida, you may face serious consequences. These consequences can affect your daily life, job, and future. 

A habitual traffic offender is a driver who has been convicted of three qualifying traffic offenses within five years. This is noted on their Florida Department of Highway Safety and Motor Vehicles (DHSMV) record. According to Florida Statute 322.264, these offenses commonly include:

• Driving with a suspended license
• Driving under the influence (DUI)
• Leaving the scene of an accident with a serious injury

When the DHSMV classifies you as a Habitual Traffic Offender, they will revoke your license for five years. This license revocation may also bring added challenges, such as limiting employment opportunities, adding a permanent mark on your driving record, and dramatically increasing your auto insurance premiums.

While a five-year revocation might sound severe, HTO classifications are increasingly common in Central Florida cities like Orlando and Kissimmee. The most frequent cause of HTO designation is unknowingly accumulating three tickets for driving with a suspended license. Many drivers don’t realize that simply paying these tickets can lead to an HTO classification.

If you’re ticketed for driving with a suspended, revoked, or canceled license, contacting an attorney immediately is critical. Before paying any ticket, you should be aware that adding a third suspended license charge to your record may automatically result in an HTO designation, leading to a five-year revocation. 

Driving with a revoked or suspended driver’s license can be treated as either a civil or criminal matter, depending on whether the state can prove you knew about the revocation or suspension. Consulting an attorney before making any decisions can protect your license and prevent the potential HTO classification.

Driving with a Habitual Traffic Offender designation is serious. If you’re caught driving under HTO status, you may face a third-degree felony. If convicted, you could be required to register as a felon. The penalties for a third-degree felony conviction in Florida include:

• Up to five years in prison
• Five years of probation
• Fines of up to $5,000

In HTO cases, the prosecutor only needs to prove two elements: that you were driving a motor vehicle and that your license was revoked due to HTO status. Unlike most traffic suspensions, the prosecutor does not need to prove that you knew about the HTO suspension, which means that you could be convicted of a felony even if you were unaware of your HTO status!

Many people don’t realize there are legal defenses for HTO charges. An experienced attorney can review your case to identify potential defenses or errors in your driving record. At Gans Law, we have successfully handled numerous HTO cases, working to reinstate clients’ licenses and reduce or dismiss criminal charges.

In Florida, those with an HTO revocation may apply for a hardship license after one year, which allows you to drive for essential purposes like work or school. However, to qualify for a hardship license, you must carry high-liability auto insurance with increased premiums. While a hardship license can help you regain some independence, our goal at Gans Law is to pursue a full reinstatement of your regular license whenever possible.

Whether you’ve already been classified as a Habitual Traffic Offender or are at risk of this designation, you don’t have to face this alone. Attorney Brandon Gans and the experienced team at Gans Law understand the impact an HTO suspension can have on your life. We are here to defend your rights, seek reinstatement of your license, and work toward reducing or even dismissing your charges.

Contact us today for a free consultation and learn how we can help you protect your future, regain your driving privileges, and avoid the consequences of a habitual traffic offender status.