Written by attorney David P. Gilbert

What is a Habitual Traffic Offender?

Under Florida Statute 322.264, a habitual traffic offender is any person whose driving record reflects three or more convictions of any one or more of the following offenses arising out of separate acts within a five year period:

  • Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
  • DUI;
  • Any felony in the commission of which a motor vehicle is used;
  • Driving while license suspended or revoked (with or without knowledge);
  • Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another;
  • Driving a commercial motor vehicle while his or her privilege is disqualified.

A person may also be classified a habitual traffic offender by accumulating fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses listed above.

The two offenses listed above in bold font are the most common triggers for this five-year suspension. Many people do not realize the consequences of paying the fine on a driving while license suspended without knowledge ticket as it is not criminal in nature and the fine is often nominal. Whenever you pay three of these tickets, you are classified a Habitual traffic offender and your license is revoked.

If you have been classified a Habitual Traffic Offender, the department has the authority to revoke your license for a minimum of five (5) years. However, an experienced Florida traffic attorney may be able to get the habitual traffic offender status removed by filing a post-conviction motion or a motion for rehearing with the court. If you are classified as a habitual traffic offender (HTO) and you are in the Tampa Bay area, please feel free to contact my office at (727) 260-5754 for a free consultation.

Additional resources provided by the author

You may learn more about this by reading Florida Statute 322.264.

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