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

Donald Ward

in Student Loans

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Megan Page on September 19, 2018

Habitual Traffic Offender in Florida . It is possible to undo a habitual traffic offender five year suspension in Florida through a post-conviction motion to remove one of the the convictions underlying that caused the suspension. A post-conviction motion is similar to an appeal, however, an appeal to a higher court while a post conviction motion in the court that imposed the sentence originally (the court). In Florida, if you have three offenses for driving with suspended license, DUI, or another qualifying offense in a five-year period, then you will receive 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 the points that are imposed within a period of five years. An attorney experienced in fighting habitual traffic offender suspensions through a post conviction can file a motion to remove one or more of the offenses that caused your suspension, especially if one of the offenses was for Driving with a Suspended License. That motion for rehearing must usually be filed within 30 days after the conviction occurred (or 60 days, with the permission of the court). Other avenues of attack exist for 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 of the broadcast. If you do not receive the "order of license revocation" lifted then the HTO five year suspension will be costly. Your license will be revoked for 5 years. After 1 year from the effective date of the revocation, you may apply for a hardship license. . Florida Hardship Driver License . In order to apply for a hardship license, contact the Florida Administrative Reviews Office where you live. If alcohol was involved in any of the offenses, then Driving Under the Influence (DUI) school will be required. If alcohol was not involved, the Advanced Driver Improvement (ADI) School will be required. . The Increase In Auto Insurance Premiums . 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 with suspended license without knowledge. Many people have no idea that paying three civil ticket for driving with license suspended without knowledge can cause a five year HTO suspension. Although these cases are the most common, are also the easiest to reverse. Many of these people have valid arguments for the offenses. What is more important, the majority of these people could have simply gone to court to ask for a postponement of the judgment on the civil infraction for driving while license suspended without knowledge, and to prevent the violation as to count toward the three cases that cause a five year HTO suspension. A lawyer can file a motion to undo one of the 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 Five (5) years, then will receive the five year HTO suspension: Driving with a suspended license (even if you have a withhold of adjudication), DUI , vehicular homicide, 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 license is suspended. Visit the links below for more detailed information on the challenge or the struggle of a five year Habitual Traffic Offender Suspension.


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