Habitual Traffic Offender

DEFINITION OF HABITUAL TRAFFIC OFFENDER (HTO)

A Habitual Traffic Offender (Fla. Stat. § 322.264) is any person who, within a five-year period, accumulates on their driving record either:

(1) Three or more convictions of any, or all, of the following:

a. Driving with a suspended or revoked license
b. DUI
c. Voluntary or Involuntary Manslaughter from the operation of a motor vehicle
d. Failing to stop and render aid as required under Florida law in the event of a crash resulting in the death or personal injury of another
e. Any felony on which a motor vehicle was used
f. Driving a commercial vehicle without a commercial driving privilege

(2) Fifteen convictions for moving traffic offenses for which points may be assessed

Florida law (Fla. Stat. 322.27) requires that the DMV revoke any person’s license who has been designated a habitual traffic offender for a minimum of five years. This revocation is mandatory.

Twelve months after the date of the HTO revocation, some people designated a habitual traffic offender may be eligible can petition the DMV for a “Hardship”, or more accurately, a “Business Purpose Only” driving permit.

A business purposes only permit “means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and medical purposes.” Fla. Stat. § 322.27. With this permit, a habitual traffic offender can drive to and from, work, school, a house of worship or for medical care, and, if applicable for work.

If not eligible for a hardship or business purpose license, the driver must wait the full five years before petitioning the DMV for a restoration his or her driving privileges. Even then, however, restoration and reinstatement are not guaranteed.

There are numerous steps that you can take to restore your driving privileges without waiting either the one year for your business purpose only license, or five years for a regular license.

If you have received a notice of a Florida Habitual Traffic Offender designation, you have thirty days from the date you receive the notice to challenge the proposed designation. An experienced attorney such as Michael White can help. Call him today for a free consultation.

Habitual Traffic Offender