According to research by MarketWatch, over 12,446,800 drivers were pulled over by police in a traffic stop in 2022. This number shows that failure to adhere to traffic laws can put you at risk of getting a ticket. Being labeled a Habitual Traffic Offender (HTO) can lead to significant consequences in Florida. You can end up losing your driver’s license for five years and get charged with a felony if found driving again. If you have several DUI convictions, you’re at a higher risk of getting worse consequences than temporary suspension and court fines.
In this article, we discuss how Florida’s habitual traffic offender designation affects DUI offenders.
Who Is a Habitual Traffic Offender According to Florida DUI Laws?
The Florida Statutes Section 322.264 states that an HTO is any individual with a record of accumulated offenses or convictions within a period of five years. Once you’re identified as an HTO by the Department of Highway Safety and Motor Vehicles (DHSMV), you risk driving license suspension for five years as stated under Section 322.27(5).
To be labeled as a habitual traffic offender, you must have committed three or more offenses arising from any of the following separate acts:
- Driving with a revoked or suspended license
- Driving Under the Influence (DUI)
- Involuntary or voluntary manslaughter as a result of a motor vehicle operation
- Failing to render help or stop in the event of an accident
Moreover, getting fifteen moving traffic convictions in five years can qualify you as a habitual traffic offender in Florida.
How Can Multiple DUI Offenses Trigger HTO Status in Florida?
Most people classified as HTOs are guilty of DUI convictions. If you’re found with three DUI offenses that are years apart and with no injuries, you qualify for the HTO status. Additionally, driving with a revoked license after getting a DUI-related suspension is considered part of the three-strikes law.
You must have a Florida traffic ticket defense attorney who can help you explore post-conviction relief, challenge old offenses, and push back any incorrect Department of Motor Vehicles (DMV) records.
When caught driving during the five-year revocation period, you risk being charged with a third-degree felony. Some of the HTO consequences you can carry include the following:
- Five years’ probation
- Fines of up to $5,000
- Jailtime of up to five years
- Difficulty getting your driver’s license back after the probation period
This charge applies even when driving for short distances, such as picking up your child from school or driving to work. This is why it’s vital to hire an attorney from RHINO Lawyers to avoid the revocation from occurring.
Defenses Against Habitual Traffic Offender Charges
Navigating HTO charges is not something you’d want to go through without the help of a traffic ticket defense lawyer. Attorneys at RHINO Lawyers use their negotiation skills and expertise to seek case dismissals and potentially reduce charges.
Although every individual’s case is different, certain defenses can apply if you’re a repeat traffic offender. These defenses include the following:
Incorrect Guilty Pleas
This applies if either of your prior DUI offenses involved a guilty plea that was entered without being correctly advised on your rights or without any legal counsel. A defense lawyer can reopen this case and have the court withdraw the guilty verdict.
Clerical Errors or Incorrect Dates
In some cases, the DMV may get the timeline wrong. For instance, if the listed conviction date is the arrest date or the conviction was appealed and reversed later but not updated, this can act as a defense.
Inaccurate Point Calculations
For a habitual traffic offender designated under the 15-moving-violations rule, some old offenses may have been miscounted or points wrongly assessed. These defenses need aggressive strategy, court filings, and deep legal analysis. Having a private defense attorney puts you in a better position and increases your chances of getting a favorable outcome.
Why You Need Legal Advice for a DUI Conviction
You may be unaware that you are at risk of HTO designation until you get a letter from the DHSMV or are arrested and charged with a felony for driving while in a revoked status. At this time, you may have little to no time to contest the classification.
Hiring a defense lawyer helps you begin the process of challenging the classification, petitioning for reinstatement, contesting prior convictions, and fighting any felony charges. Failure to have a targeted defense puts you at risk of losing your license for years or having a felony record for the rest of your life.
Legal representation is crucial in challenging HTO labels and facilitating the application for a hardship license. Exceptional defense lawyers can change the outcome of a case by negotiating plea deals and managing defense strategies.
Why Choose RHINO Lawyers for Your Defense
At RHINO Lawyers, we understand the strategy and law required to challenge HTO charges in Florida. We negotiate on your behalf with the police and present evidence in a transparent manner. This way, you don’t have to appear in court.
Some of the reasons why you should hire our legal advice for DUI include the following:
- Extensive experience: Our attorneys have legal expertise to represent different types of cases in court
- Personalized defense: We treat every case uniquely and tailor our defense to your goals and record
- Proven track record: Our lawyers have assisted clients in dismissing HTO cases, reducing charges, and avoiding license revocations
- Knowledge of the Florida Law: We are aware of the laws in Florida about DUI convictions and the process involved in fighting for your rights in court
Protect Your Driver’s License as a Habitual Traffic Offender With RHINO Lawyers
Being designated as a habitual traffic offender requires you to understand the consequences to navigate the legal landscape properly. An HTO status comes with severe penalties, including driving license suspension, jail time, and a hefty fine. Hiring a defense attorney increases your chances of winning a Florida HTO case and avoiding such consequences.
At RHINO Lawyers, we understand the importance of having a clean driving record. Therefore, we guide you in disputing your traffic ticket. We provide free consultation to our clients and discuss the best course of action.
Contact us today and let us help you protect your right to drive.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
