Written by attorney Gary Jay Schwartz

The Habitualization of Peoples' Driving Privileges in Florida

Basically, the easiest way to get habitualized is to get a 3 convictions within a 5 year period. The driving offences that are included in this category will be driving the license suspended, DUI's, or an accident where you were at fault. If you take 3 hits on those with the 5 year period, the DMV will habitualize you. What that means is that they revoke your license for a 5 year period and it's an entire year before you can drive at all; before you can even try for a hardship license. While a DUI and car accident are pretty cut and dry, the one that is the most confusing is a driving while license suspended charge, and this is commonly the underlying reason for a habitualization.

With driving while license suspended, there are 2 kinds in State of Florida: one is with knowledge, which is a criminal offense, and one is without knowledge, and that's just a ticket. What people don't understand is if you plead out to the tickets such as the driver license suspended without knowledge and you are adjudicated (which is basically a civil conviction), that count as one of your strikes. If you are prone to this type of charge, you are on a fast track to habitualization. There are a couple avenues of relief that a good attorney can try to pursue for you if that's the situation. There's a motion that you can file, which the attorneys at The Umansky Law Firm call a Motion to Rescind Payment, where basically we send a motion to the judge and explain that you would have never pled out to the civil driving license being suspended if you knew that it results in habitualization of your license.

This is a serious issue, and with regards to central Florida especially, there is really no public transportation to speak off, it's almost impossible depending by how far you work from where you live to get around without car. A good attorney understands that people need to drive, so they will typically do everything they can to defend your license and if you're looking at charges what can lead to a habitualization of your license, to try to soften the blow so you can stay on the road.

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