Florida driver holding license suspension notice, representing habitual traffic offender status

๐Ÿš— How to Fight a Habitual Traffic Offender (HTO) Designation in Florida

Being labeled a Habitual Traffic Offender (HTO) in Florida is more than a bureaucratic headacheโ€”it 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.

๐Ÿ“œ 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:

OR

  • Fifteen or more moving violations that carry points

Once you’re designated HTO, your license is revoked for 5 yearsโ€”not just suspended.

โŒ 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 yearsโ€”not just suspended.

โŒ 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 statusโ€”especially if youโ€™re already facing a felony driving charge.

๐Ÿง  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:

๐Ÿ—‚๏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 pleaโ€”effectively undoing the HTO status.

โœ๏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Clerical errors, outdated records, or misclassification of violations can sometimes be the real cause of the designation.

๐Ÿ“‰ 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 chargeโ€”again removing a key piece of the HTO puzzle.

โœ… 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 isnโ€™t yet possible

๐Ÿ‘จ‍โš–๏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.

๐Ÿ‘‰ Schedule a free case evaluation now

๐Ÿ” 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.