Being labeled a Habitual Traffic Offender (HTO) in Florida is more than a bureaucratic headacheโit can result in a 5-year driver’s license suspension and even criminal charges for driving. But the good news is, HTO status can be fought and potentially reversed.
Here’s how it works—and what you can do if you’ve received a notice and need to fight habitual traffic offender Florida designation, quick legal action can protect your future license and future.
๐ What Is a Habitual Traffic Offender in Florida?
Under Florida Statute § 322.264, you can be designated a Habitual Traffic Offender if, within 5 years, you accumulate:
Three or more convictions for:
DUI
Driving with a suspended license (DWLS)
Voluntary or involuntary manslaughter from a motor vehicle
Other serious driving crimes
OR
Fifteen or more moving violations that carry points
Once you’re designated HTO, your license is revoked for 5 yearsโnot just suspended.
โ Why HTO Status Is So Serious
Under Florida Statute § 322.264, you can be designated a Habitual Traffic Offender if, within 5 years, you accumulate:
Three or more convictions for:
DUI
Driving with a suspended license (DWLS)
Voluntary or involuntary manslaughter from a motor vehicle
Leaving the scene of an accident involving injury or death
Other serious driving crimes
OR
Fifteen or more moving violations that carry points
Once you’re designated HTO, your license is revoked for 5 yearsโnot just suspended.
โ Why HTO Status Is So Serious
If you’re caught driving after HTO revocation, it’s a third-degree felony punishable by:
Up to 5 years in prison
Up to $5,000 in fines
A permanent criminal record
Don’t wait to fight habitual traffic offender Florida statusโespecially if youโre already facing a felony driving charge.
๐ง How to Fight Habitual Traffic Offender Status in Florida
At Michael White, P.A., we routinely help clients challenge or eliminate HTO status. Common strategies include:
๐๏ธ 1. Vacate a Prior Conviction
If one of your three HTO-triggering convictions was entered without counsel (or proper notice), your attorney may be able to file a motion to vacate that pleaโeffectively undoing the HTO status.
โ๏ธ 2. Challenge Improper Notices or DMV Records
Clerical errors, outdated records, or misclassification of violations can sometimes be the real cause of the designation.
๐ 3. Reduce a Felony DWLS to a Civil Infraction
If one of your priors was for driving with a suspended license (DWLS), your lawyer may be able to negotiate it down to a lesser chargeโagain removing a key piece of the HTO puzzle.
โ Reinstating Your License
Once enough qualifying offenses are eliminated or modified, we can work with the FLHSMV to:
Clear the HTO designation
Reinstate your driver’s license (often with conditions)
Pursue hardship or business-purposes-only licenses if full reinstatement isnโt yet possible
๐จโ๏ธ Fort Lauderdale HTO Defense Lawyer
An HTO revocation doesn’t have to define your future.
At Michael White, P.A., we take an aggressive and strategic approach to fighting license suspensions and felony traffic charges across South Florida.
๐ More Answers About Habitual Traffic Offender Defense in Florida
โ Can I get my license back if I’m labeled HTO?
Yes. If we can vacate or amend one of the qualifying convictions, you may be eligible for reinstatement.
โ Is driving while HTO a felony in Florida?
Yes. It’s a third-degree felony, even if you weren’t involved in an accident or driving recklessly.
โ What if I didn’t know I was HTO?
Lack of knowledge may help with defense strategy—but you’re still at risk. Talk to a lawyer immediately.
โ Can a civil traffic ticket trigger HTO status?
Not by itself—but enough point-carrying infractions can trigger the designation over time.
โ How long does HTO status last in Florida?
Not by itself—but enough point-carrying infractions can trigger the designation over time.