A Florida driver can be designated a habitual traffic offender (HTO) based on convictions accumulated over a five-year period. The designation carries a minimum five-year driver’s license revocation, with a limited opportunity to seek restricted driving privileges earlier.
What makes someone a habitual traffic offender?
Under Florida Statutes § 322.264, a driver can qualify in either of two ways within five years:
- Three or more convictions arising from separate acts for listed offenses, including DUI; driving while a license is suspended or revoked; driving without a valid license; motor-vehicle manslaughter; a felony in which a motor vehicle is used; failing to stop and render aid after a crash causing injury or death; and driving a commercial vehicle while disqualified.
- Fifteen convictions for moving traffic offenses for which points may be assessed. See our guide to Florida traffic tickets that carry points.
Similar violations of federal law or the laws of other states or countries may also count. The designation depends on convictions, rather than simply receiving tickets or being arrested. For example, a DUI conviction followed by two qualifying convictions for driving while a license is suspended or revoked can satisfy the three-conviction rule if they arose from separate acts within five years.
How long is the revocation?
The Florida Department of Highway Safety and Motor Vehicles must revoke the license of a driver designated as an HTO. Under § 322.27(5), the driver generally cannot be relicensed for at least five years from the revocation date, subject to the restricted-license provisions.
Can an HTO obtain a hardship license?
After 12 months from the revocation date, an HTO-designated driver may petition the department for reinstatement on a restricted basis. The department investigates the person’s qualifications, fitness, and need to drive and holds a hearing. Approval is not automatic. Under § 322.271, any privilege granted is limited to business or employment purposes as defined in the statute. Violating the restriction can result in loss of driving privileges for the remainder of the five-year period. Other suspensions or revocations can affect eligibility.
What happens if an HTO-designated person drives?
Under § 322.34(5), driving a motor vehicle on Florida’s highways while designated a habitual traffic offender is a third-degree felony. A driver facing this charge should have the designation, driving record, and circumstances of the alleged driving reviewed promptly.
What should you do after receiving an HTO notice?
Obtain your complete Florida driving record and the underlying court records. Check which convictions were counted, whether they fall within five years, and whether they arose from separate acts when the three-conviction rule applies. The available options depend on the underlying cases. Paying an outstanding ticket or waiting a year does not automatically restore a license.
If you received an HTO notice or face a charge of driving while designated a habitual traffic offender in Sarasota County, the Law Offices of Jeffrey A. Haynes, P.A. can review your record and discuss the options available in your case. Call (941) 954-5333.
This article provides general information about Florida law, not legal advice for a particular case.