A Habitual Traffic Offender (HTO) is any person that has been convicted of any combination of three qualifying traffic offenses within five years on their Department of Highway Safety and Motor Vehicles record, according to Florida Statute 322.264. The most common qualifying offenses are:

• Driving with a suspended license,
• Driving under the influence, and
• Leaving the scene of an accident with a serious injury.

If a person is deemed a Habitual Traffic Offender, the DMV will revoke their driving privilege for a 5-year period. Becoming a Habitual Traffic Offender may cause additional hardships in their life such as forfeiting employment opportunities, a mark on their permanent record, and a spike in their insurance premiums.

Even though a 5-year license revocation may seem extreme, HTO revocations are becoming more and more frequent in Orlando and the Central Florida area. The most common way someone can become an HTO is by accumulating 3 tickets for driving with a suspended license without their knowledge. 

If you ever receive a ticket for driving while your license is suspended, revoked, or canceled, you should contact an attorney immediately. Before you pay those tickets for driving with a suspended license you should know that the third ticket on your driving record may result in you becoming classified as a Habitual Traffic Offender.

Driving while your license is suspended can be either a civil or criminal matter. It depends on whether you are being accused of having knowledge of the suspension. Either way, it is critical to consult with an attorney prior to paying the citation or going to court. The outcome of these cases can make the difference between having a 5-year HTO revocation or having a valid driver’s license.

If you are caught driving while you are under Habitual Traffic Offender status, you could be arrested and charged with a third-degree felony. If you are adjudicated guilty by the judge, you will have to register as a convicted felon. These charges carry a maximum sentence of:

• 5 years in prison,
• 5 years of probation, and
• $5,000 fine.

This is an easy charge for the State to prove beyond a reasonable doubt. The prosecutor only has to prove two elements:

1. That you were operating or in actual physical control of a motor vehicle; and
2. That your license was suspended as an HTO.

Unlike driving on any other type of suspension, the State does not need to prove you knew about the suspension. Therefore, you could have no idea of your HTO status and still be legally convicted of a felony. There is no requirement that you had criminal intent. For these reasons, HTO suspensions can lead to serious charges, but we can help.

Most people are unaware that there are usually defenses to these charges that a skilled attorney can use. Although each client’s case is unique, we have handled many HTO cases over the years with excellent results. Attorney Brandon Gans will use his expertise and resources to potentially get a full reinstatement of your license and seek to get your charges reduced or even thrown out.

A hardship license is something you can apply for after your first year as an HTO and we can help you with that too. A hardship license is a license that lets you drive for an essential purpose such as commuting to and from work or going to school. 

You will also be required to carry high liability insurance in order to obtain a hardship license. This special auto insurance policy will have a very high premium. Although it can be useful to have a hardship license, our goal at Gans Law is not to settle for a hardship license but rather to get your actual driver’s license fully reinstated.

If you are a Habitual Traffic Offender or are in jeopardy of becoming one, contact experienced HTO attorney Brandon Gans today for a free consultation.