Habitual Traffic Offender
While driving is a privilege that millions of people in Florida enjoy, it is also one that can be revoked by the Department of Highway Safety and Motor Vehicles. Drivers who gain 15 or more points on their license or commit certain vehicular offenses in a 5 year period can find their driver's license revoked. However, it's important to understand that this is not the end of the road. An experienced attorney can fight against the habitual traffic offender charges and petition to help you regain your driver's license.Jacksonville Habitual Traffic Offender Lawyer
Bill Roelke has defended the livelihood of men and women across Northeast Florida for over two decades. As a Jacksonville traffic attorney , he defends people involved in serious traffic offenses. A charge for a habitual traffic offender and subsequent driver's license revocation certainly falls under that category. Bill Roelke is an experienced trial veteran and he fights for positive outcomes such as case dismissal, reduced charges, acquittals, and not guilty verdicts. His strong attention-to-detail can be also be an asset to have in creating a strong petition for your driver's license.
Call (904) 354-0333 or send an online message to learn more about your options after a habitual traffic offender charge or related driver's license revocation. Bill Roelke represents clients from a diverse array of backgrounds in Jacksonville, Jacksonville Beach, Atlantic Beach, Fernandina Beach, Orange Park, and surrounding areas. It's best to consult with an attorney as early in your case as possible. Contact Roelke Law today.
Florida Habitual Traffic Offender Information Center
- Definition of a Habitual Traffic Offender in Florida
- Habitual Traffic Offender Penalties in Florida
- Florida Point System for Moving Traffic Violations
- Restoration of Driver's License for Florida Habitual Traffic Offenders
- Obtaining a Hardship License as a Habitual Traffic Offender in Florida
Under Florida Statutes § 322.264, a "habitual traffic offender" is defined as a person whose Department of Highway Safety and Motor Vehicles records show an accumulation of three or more the following convictions for separate offenses within a 5-year timeframe:
- Voluntary or involuntary vehicular manslaughter;
- Driving under the influence (DUI in Florida) under § 316.193;
- Felony with use of automobile in commission;
- Driving a vehicle while license suspended or revoked;
- Failing to stop and render aid in a vehicle accident resulting in the death or injury of another (also commonly known as "leaving the scene of an accident");
- Driving a commercial vehicle with a disqualified license.
Fifteen moving traffic violations in which points were assessed on a person's record within a 5-year period may also result in a habitual traffic offender designation. Additionally, the fact that a person's previous convictions may have resulted in a driver's license suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation as a habitual traffic offender under this section.
The Department of Highway Safety and Motor Vehicles will revoke the driver's license of any person designated as a habitual traffic offender. This license revocation lasts for a minimum of 5 years from the initial revocation (except as provided under § 322.271). However, the person may petition the DHSMV and show why his or her driver's license should not be revoked.
Because a person can be designated as a habitual traffic offender in Duval County by simply having an accumulation of at least 15 active points on their license, it's important to understand which violations may apply. In Florida, the most common traffic offenses are:
- Car crash caused by speeding – 6 pts.
- Leaving the scene of an accident with more than $50 in property damage – 6 pts.
- Car accident caused by moving traffic violation – 4pts.
- Reckless driving – 4 pts.
- Running a red light – 4 pts.
- Driving during restricted hours (minors) – 4 pts.
- Passing a stopped school bus – 4 pts.
- Driving over 15 miles above the speed limit – 4pts.
- Driving with open container of alcohol in vehicle – 3 pts.
- Violation of child restraint – 3 pts.
- Speeding 15 mph or less over the speed limit – 3 pts.
- Toll violations – 3pts.
- Other moving violations – 3pts.
Florida Statute § 322.331 outlines the restoration of a habitual traffic offender's license. It states that after 5 years from the date of the license revocation, a person whose driver's license has been revoked under § 322.27(5) may petition the Department of Highway Safety and Motor Vehicles (DHSMV) to have his or her driving privileges restored. This petition comes with an investigation of the person's qualification and driving fitness. The DHSMV will hold an administrative hearing to determine of the person's driving privileges will be restored on an unrestricted basis, restricted basis, or solely for the purpose or business or employment.
Depending on the circumstances surrounding the habitual traffic offender violation, it may be possible to petition for a hardship license. This special license allows a person to travel to and from their place of employment. However, a habitual traffic offender is not eligible for the license for the first year of the revocation. Application for the hardship license is made through the DHSMV Administrative Review Office.
The DHSMV determines the fitness and qualifications to drive for any habitual traffic offender seeking a hardship license. This is done after you complete the required Advanced Driver Improvement School and DUI class (if alcohol was involved in the habitual traffic offender designation). After the investigation, an administrative hearing will be conducted to determine if driving privileges should be restored and if so, if they should be restored purely for work-related purposes.
Roelke Law, P.A. | Habitual Traffic Offender License Revocation Lawyer in Duval County
Contact Roelke Law to learn more about regaining your driver's license after being charged as a habitual traffic offender in Duval County, Clay County, Nassau County, or St. Johns County. Bill Roelke is experienced in defending men and women in Northeast Florida from serious traffic violations. He understands how critical a driving privilege is in your everyday life and will apply his 23 years of legal experience to help you find a positive outcome. Call (904) 354-0333 or send an online message for a free consultation to review your HTO charges and driver's license revocation.