A Habitual Traffic Offender Suspension is a very serious five-year mandatory driver’s license suspension under Florida law. If you’ve received a Habitual Traffic Offender notice or are charged with driving on a Habitual Traffic Offender suspension, it’s extremely important that you call an attorney immediately. Prosecutors take driving on these suspensions very seriously and often demand significant jail time as punishment.
Under Florida Statutes, Sec. 322.264, a “habitual traffic offender” is defined as any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated
• three of the following criminal convictions arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Driving Under the Influence
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) 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; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
• Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statutes, Sec. 322.27, including those offenses in subsection (1)
How an Attorney Can Help
• An experienced criminal defense attorney can sometimes help reverse the Habitual Traffic Offender designation depending on the reason for the suspension which can drastically impact your criminal case, and possibly help you to restore your driving privilege.
• If your driving privilege was revoked in error (it happens more frequently than one might think), an experienced Florida criminal defense attorney can help you tackle the administrative process to get your license reinstated.
• Depending on the facts of your case, the State may have trouble proving that you had knowledge of the license suspension on your case. Certain factors, such as when the notice was mailed, if the State can prove actual knowledge versus constructive knowledge, and whether the State can prove that you were driving, vary on a case-by-case basis.
• A persuasive and effective negotiator fighting by your side when negotiating with prosecutors is an invaluable tool. At Glassman & Zissimopulos Law, Attorney John Kelly practices criminal defense and has experience handling these types of cases. His work as a former traffic crimes prosecutor here in Alachua County allows him to understand these traffic issues with a unique perspective. If you are facing a criminal traffic infraction, call Glassman & Zissimopulos Law today for a free consultation.