What causes the Florida Department of (Highway Safety and) Motor Vehicles to designate you a Habitual Traffic Offender?
The most common way a person is designated a Habitual Traffic Offender [HTO] is by accumulating 3 or more tickets for "driving with a suspended drivers license." If these tickets are not handled properly they will lead to a HTO designation and the accompanying 5-year drivers license suspension. Although the driving with a suspended license ticket is the most common other offenses also add up to the magic number three - such as DUIs and leaving the scene with injuries. Any combination of three will designate you a HTO. The last possibility is receiving 15 convictions for moving violations within a five year period.
How to avoid becoming an HTO driver.
Avoidance saves you lots of money and possible time in jail. Driving with an HTO designation is a crime that can land you in jail so making sure that the DMV does not designate you an HTO driver is important. First, have someone else drive if your drivers license is suspended. If you don't know whether your license is suspended it probably is - check online and don't drive until you are sure. Second, no one follows the first suggestion so if you are caught driving with a suspended drivers license ALWAYS hire an attorney to take care of it. There are ways that these tickets (whether criminal or civil) can be handled so that they do not lead to an HTO designation. Don't just plea to these charges - there are actual defenses too! If you get a traffic ticket make sure to take care of it the proper way - avoiding points. If that is too complicated (and, believe me, it can be) hire an attorney to address the ticket. Traffic ticket attorneys are cheap but worth their weight in gold.
If you are already "serving" your five year suspension don't give up hope.
Attorneys that deal with traffic issues and are worth their salt can possibly "undo" what has been done - we may be able to get you drivers license back from the depths of the DMV. Don't just accept the HTO designation. Remember driving as an HTO driver is a crime and staying away from driver for 5-years is harder than quitting smoking. We all need to drive to survive. If you have a 5-year suspension contact a traffic attorney, consult with him or her, and see if they can help get your license back. Most will let you know what the possibilities are before you hire them. Finally, don't just give up. We represented many drivers facing felony charges for driving with the HTO label and they are astonished when we get their drivers license back. Unfortunately, restoring a defendant's driving privilege after they have driven is not a defense.
