Recently in Habitual Traffic Offenders Category

September 30, 2009

Jacksonville Habitual Traffic Offender Lawyer

A Florida Habitual Traffic Offender is defined in the Florida Statutes. Florida Statute Section 322.264 lists the criteria for a driver to qualify as a habitual traffic offender (HTO).  The Florida Department of Motor Vehicles will evaluate a person's driving record for the past five years to make this determination.  If a Jacksonville driver has a certain amount of the traffic convictions, his or her license will be suspended for five years as a Jacksonville Habitual Traffic Offender

A Jacksonville driver must have three or more convictions, arising out of separate incidents, of the following to result in a Jacksonville HTO Suspension:
  1. involuntary or voluntary manslaughter due to the operation of a motor vehicle;
  2. driving under the influence (DUI);
  3. a felony in which a motor vehicle was used to commit the crime;
  4. driving with a license suspended or revoked (knowingly or unknowingly);
  5. driving a commercial vehicle when such privilege has been suspended or revoked; or
  6. failing to render aid in a crash that results in death or bodily injury.

Otherwise, a driver must have fifteen or more convictions of moving violations, as discussed in Florida Statute Section 322.27, in order for his or her license to be subject to a Jacksonville HTO Suspension.

Many people do not realize that they are a Jacksonville Habitual Traffic Offender until they receive a letter stating this from the Florida Department of Highway Safety and Motor Vehicles.  At that time, people think that it is too late to save their license, but this is not true.  A Jacksonville Driver's License Attorney can review the Florida Driving Record to determine whether any of the prior traffic offenses may be reopened.  If so, there is a good chance that a driver's license can be saved from suspension.  

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February 22, 2009

How to Stop Your License From Being Suspended as a Habitual Traffic Offender

In order to be a Jacksonville habitual traffic offender, the driver must have a certain number of traffic offenses as listed in Florida Statute Section 322.264.  Quite often, a driver does not even know that he or she is eligible to be a Jacksonville habitual traffic offender, until the driver receive notice in the mail that his driver's license is going to be suspended.  Once this occurs, it seems as if there is nothing left for the driver to do except become a Jacksonville habitual traffic offender and lose his license for five years.  

There is a way to remedy this problem.  The driver can petition the court to reopen his case and allow him to withdraw his guilty plea or modify the sentence.  For example, if the driver has three convictions for driving with a license suspended or revoked, his Jacksonville driver's license will be suspended as an habitual traffic offender.  However, the driver can request that one of convictions be withheld or ask the court to amend the charge to driving without a valid license under Florida Statute Section 322.03.  If the court grants the petition, the driver will only have two convictions for driving with a license suspended or revoked, and his Jacksonville driver's license will not be suspended.  

To learn more about how to prevent your Jacksonville driver's license from being suspended, you can contact a Jacksonville Driver's License Lawyer.  
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November 26, 2008

Driver's Licenses Available to Florida Habitual Traffic Offenders

Florida Statute Section 322.27(5) states that any Florida driver that qualifies as a Habitual Traffic Offender shall have his or her license suspended for five years at minimum.  However, Jacksonville Florida drivers may be able to obtain a Florida Hardship Driver's License after one year of revocation according to Florida Statute Section 322.271.  The Florida Habitual Traffic Offender will need to petition the department of motor vehicles in Jacksonville, Florida.  The Jacksonville Department of Motor Vehicles will hold a hearing to determine if a Florida Hardship Driver's License will be issued.  

In order to obtain a Florida Hardship Driver's License in Jacksonville, Florida, the Habitual Traffic Offender must complete the Advanced Driver Improvement (ADI) Course.  If the driver's license suspension was due to an incident involving alcohol, the Florida Habitual Traffic Offender will be required to attend the required Driving Under the Influence (DUI) Course.

To learn more about obtaining a Jacksonville Florida Hardship Driver's License, contact a Jacksonville Florida Driver's License Attorney.  
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