Finding out you’ve been labeled a Habitual Traffic Offender (HTO) in Florida can feel like the end of the road. Under Florida Statute § 322.264, an HTO designation means a five-year license revocation. For most people in Jacksonville and across Florida, that means no driving to work, no school drop-offs, and no independence.
But the truth is: you may have options to fight an HTO suspension.
Step 1: Review Your Driving Record
The first step is to carefully review your official driving record. Mistakes happen — and if the DMV miscounted or included convictions that don’t qualify, your HTO status may be incorrect.
Example: A client had both civil (unknowingly DWLSR) and criminal suspended license charges listed. The clerk’s office reported a civil ticket as a conviction even though it adjudication was withheld. Once corrected, he was no longer considered HTO.
Step 2: Challenge Old Convictions
Florida law allows you to file motions to vacate or set aside prior convictions under certain circumstances.
- If you pled guilty to DWLSR without understanding the consequences, you may be able to revisit that plea.
- If you were unrepresented and unaware it could lead to HTO, this is also could be an argument.
Example: We’ve had cases where vacating just one conviction was enough to remove HTO status entirely.
Step 3: Negotiate Current Charges
If you’re facing a new suspended license or DUI charge that would trigger HTO status, your attorney can often negotiate a reduced plea.
- A DWLSR charge may be a amended to another charge.
- This avoids another conviction that adds to your HTO count.
Step 4: Apply for a Hardship License
Even if your HTO designation stands, you may qualify for a hardship license after serving a 1 year portion of the suspension. This allows limited driving for:
- Work
- School
- Medical needs
You’ll need to go through the Bureau of Administrative Reviews (BAR), complete driving courses, and show good cause.
Step 5: Work with the DMV Directly
Sometimes the issue is simply DMV delay. Your lawyer can communicate with Tallahassee DMV headquarters to correct your record and speed up reinstatement.
Example: A nursing student client nearly missed starting her semester because DMV hadn’t updated her record. Our office contacted Tallahassee directly, and she got her license back in time.
Why Acting Quickly Matters
The sooner you fight an HTO suspension, the more options you’ll have. Delaying often means:
- Losing the chance to reopen older cases
- Facing felony charges for driving while HTO-suspended
- Increased insurance costs and job risks
Bullet Point Summary
- HTO suspensions = 5-year revocation under Florida law.
- We will review your driving record for mistakes.
- File motions to vacate or set aside old convictions.
- Negotiate new charges to avoid HTO triggers.
- Apply for a hardship license if eligible.
- Acting quickly is critical to protecting your license and future.