How can a habitual traffic offender with a five year suspension in Florida get their driver's license back?

Answer 1

It is possible to undo a habitual traffic offender five year suspension in Florida through a post-conviction motion to remove one of the underlying convictions that caused the suspension. A post conviction motion is similar to an appeal, however, an appeal is made to a higher court while a post conviction motion is made to the court that imposed the sentence originally (the trial court).

In Florida, if you have three offenses for driving while license suspended, DUI, or another qualifying offense in a five year period, then you will received a five year suspension of your driver's license and be classified as a habitual traffic offender. You can also become a habitual traffic offender in Florida if you receive 15 moving violations in which points are imposed within a five year period.

An attorney experienced in fighting habitual traffic offender suspensions through a post conviction can file a motion to remove one or more of the underlying offenses that caused your suspension, especially if one of those offenses was for Driving While License Suspended. That motion for rehearing must usually be filed within 30 days after the conviction occurred (or 60 days with the court's permission). Other avenues of attack exist up to two years after the suspension under Rule 3.850. In some cases it is necessary to request an administrative records review hearing with the DHSMV within 30 days after the Order of Revocation is issued.

If you do not get the "order of license revocation" lifted then the HTO five year suspension will be costly. Your driver license will be revoked for 5 years. After 1 year from the effective date of revocation, you can request a hardship license.

In order to request a hardship license, contact the Florida Administrative Reviews Office where you live. If alcohol was involved in any of the underlying offenses then a Driving Under the Influence (DUI) school will be required. If alcohol was not involved, the Advanced Driver Improvement (ADI) School will be required.

Your auto insurance premiums can increase dramatically after you are declared to be a habitual traffic offender in Florida.

The most common HTO suspensions in Florida occur when an individual receives 3 tickets for driving while license suspended without knowledge. Many people have no idea that paying three civil tickets for driving while license suspended without knowledge can cause a five year HTO suspension. Although these cases are the most common, they are also the easiest to reverse. Many of these individuals had valid defenses to the underlying offenses. Most importantly, most of these individuals could have simply gone to court to ask for a withhold of adjudication on the civil infraction for driving while license suspended without knowledge and thereby avoided that infraction as counting toward the three cases that cause a five year HTO suspension. An attorney can file a motion to undo one of the underlying offenses, and then you can reinstate your driver license without suffering the consequences and expense of a HTO suspension.

Under Florida law, if you have been convicted of any combination of the three offenses listed below within a Five (5) year period then will receive the five year HTO suspension: Driving on a suspended license (even if you got a withhold of adjudication), DUI , vehicular manslaughter, failure to stop and render aid after car crash with serious injury; using a motor vehicle to commit another felony offense; or driving a commercial vehicle while your driver's license is suspended.

Visit the links below for more detailed information on contesting or fighting a five year Habitual Traffic Offender Suspension.