If you’re already classified as a Habitual Traffic Offender (HTO) in Florida, any new criminal traffic charge you face comes with higher stakes. What may have once been a misdemeanor could now land you in prison — all because of your HTO status.
In this post, we explain how HTO designation affects new criminal traffic charges, and how a defense lawyer in Fort Lauderdale can help you avoid the worst outcomes.
🛑 What Is HTO Status in Florida?
Florida’s Habitual Traffic Offender (HTO) designation is defined under Fla. Stat. § 322.264. If the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) classifies you as HTO, your driver’s license is revoked for five years.
HTO status is triggered by:
3 convictions within 5 years for driving with a suspended license (DWLS), DUI, or other serious offenses
15 convictions for moving violations (even minor ones)
📘 🚗 How to Fight a Habitual Traffic Offender (HTO) Designation in Florida
⚠️ How HTO Status Escalates Future Criminal Charges
Once you’re under an HTO revocation, any future driving-related criminal offense is treated more seriously, often enhanced to a felony.
Examples:
Driving While License Suspended (DWLS):
Normally a misdemeanor, but becomes a third-degree felony if committed after HTO designationNo Valid Driver’s License:
May be enhanced or charged with aggravated circumstancesDriving Under HTO Revocation:
Results in a felony charge under Fla. Stat. § 322.341
These charges are not just traffic offenses anymore — they can result in prison, probation, and a permanent felony record.
🧑⚖️ Why You Need a Defense Lawyer if You’re Already HTO
If you’re classified as a Habitual Traffic Offender in Florida, and you’re now facing a new criminal charge, the stakes are high. You’re likely looking at:
Mandatory felony prosecution
Ineligibility for diversion programs
Longer license revocation or permanent suspension
Immigration consequences for non-citizens
But with a skilled Fort Lauderdale defense attorney, you may be able to:
Challenge the HTO designation itself
Reduce the new charge to a non-felony offense
Fight for dismissal or diversion if appropriate
Avoid prison and protect your record
📘 Michael White is Fort Lauderdale defense attorney who defends all traffic crimes
📘 Learn more how one of several Diversion Programs may help you in your case
🛠️ Legal Strategies That Work
A lawyer may challenge the basis of your HTO status or the legality of the traffic stop that led to your new charge. Possible strategies include:
You were not driving or not in actual physical control
The underlying HTO designation was improper or not properly noticed
The officer lacked probable cause for the stop
The state can’t prove prior convictions needed for HTO status
🙋♂️ FAQs: HTO Status and New Criminal Charges in Florida
1. What happens if I get pulled over while HTO in Florida?
You may be arrested and charged with a third-degree felony for driving under revocation.
2. Can HTO status be challenged?
Yes. A lawyer can request a hearing to contest the designation or seek early reinstatement.
3. Is jail mandatory for HTO-related charges?
HTO status often disqualifies you from diversion programs, but exceptions may exist.
4. Will I be eligible for diversion?
HTO status often disqualifies you from diversion programs, but exceptions may exist.
5. Can I ever get my license back before five years?
Yes — some drivers may qualify for a hardship license after 12 months of compliance.