Being designated as a Habitual Traffic Offender (HTO) is one of the most severe administrative actions the Florida Department of Highway Safety and Motor Vehicles (DHSMV) can impose on a driver. An HTO designation automatically results in a five-year revocation of your driver’s license, and driving during that revocation can expose you to felony charges. Many people end up with an HTO suspension not because they are dangerous drivers, but because they pled to traffic offenses without understanding the long-term impact.
Fortunately, Florida law allows individuals to challenge the convictions that originally triggered the HTO designation. With the help of an experienced Melbourne traffic attorney, you may be able to vacate one of the underlying convictions, remove the HTO classification, and restore your driving privileges sooner than expected.
Melbourne Habitual Traffic Offender Lawyer
At Germain Legal, our attorneys aggressively defend individuals facing HTO revocations throughout the Space Coast. We file post-conviction motions to attack one or more qualifying offenses, challenge the DHSMV’s designation, and request restoration of driving privileges. Many clients are surprised to learn that they never should have received the five-year revocation or that their original attorney failed to warn them about the consequences of their plea.
Our firm understands the complex administrative and criminal overlap in HTO cases. Whether you are trying to regain your license, avoid further penalties, or prevent a felony Driving While License Suspended (DWLS) charge, we can help you navigate the system.
Call Germain Legal at (321) 775-3559 to begin reviewing your HTO case.
Overview of Habitual Traffic Offender Designation in Florida
- How HTO Designations Occur in Florida
- Habitual Traffic Offender Revocations in Florida
- Getting Your License Back After an HTO Revocation
- Florida Habitual Traffic Offender License Restoration
- Habitual Traffic Offender Hardship License
- Defenses to Habitual Traffic Offender Status
- Role of a Melbourne Habitual Traffic Offender Attorney
- Frequently Asked Questions
How HTO Designations Occur in Florida
Under Florida Statutes § 322.264, a driver is classified as a Habitual Traffic Offender if they accumulate three or more qualifying offenses within a five-year period. The most common triggering offenses include:
- Driving Under the Influence (DUI)
- Driving While License Suspended or Revoked (DWLSR)
- Vehicular manslaughter
- Leaving the scene of an accident involving injury or death
- Committing certain felonies with a vehicle
- Operating a commercial vehicle while disqualified
In most cases, the HTO revocation occurs because a driver unknowingly pled guilty to multiple DWLSR charges without being informed of the consequences. Many individuals do not find out they are an HTO until they receive a letter from DHSMV notifying them of the five-year revocation.
Habitual Traffic Offender Revocations in Florida
Once a driver is classified as an HTO, the Florida DHSMV automatically imposes a five-year license revocation under § 322.27(5). During at least the first 12 months, the driver is not eligible for any hardship license, regardless of circumstances.
Most HTO revocations arise from criminal traffic convictions that could have been avoided or reduced. If a driver’s prior attorney failed to inform them about the risk of an HTO suspension, or failed to challenge improper convictions, there may be grounds to attack one or more of those offenses through a post-conviction motion.
If even one qualifying conviction is successfully vacated, the HTO designation falls away, and the DHSMV lifts the five-year revocation.
Getting Your License Back After an HTO Revocation
A key method for restoring driving privileges is filing a motion to vacate or set aside one of the underlying convictions. Florida law allows post-conviction challenges for up to two years after certain types of convictions. This process may involve:
- Challenging whether your plea was entered knowingly and voluntarily
- Arguing ineffective assistance of previous counsel
- Showing that the judge failed to advise you of essential rights
- Demonstrating a legal defect in the underlying case
Once a court vacates the underlying conviction, the DHSMV is required to remove your habitual traffic offender status, making your license eligible for reinstatement.
If the DHSMV refuses to lift the suspension despite a vacated conviction, Germain Legal can file a petition for writ of certiorari to challenge the agency’s decision.
Florida Habitual Traffic Offender License Restoration
Under Florida Statutes § 322.331, individuals whose five-year revocation period has expired may petition DHSMV for restoration of driving privileges. After reviewing your record, the department may:
- Restore your license without restrictions
- Restore your license on a restricted (business purposes only) basis
- Require additional conditions, such as a driving course or evaluation
An administrative hearing is required before restoration is granted. Having legal representation significantly improves the likelihood of reinstatement.
Habitual Traffic Offender Hardship License
HTOs are not eligible for a hardship license during the first year of the revocation. After one year, individuals may apply through an Administrative Review Office to request limited driving privileges for work or business purposes.
Before applying, the driver must:
- Complete an Advanced Driver Improvement (ADI) course
- Complete DUI school, if the HTO was alcohol-related
- Demonstrate good cause for reinstatement
- Show they have not committed additional violations
After the full five-year revocation, the driver may petition to restore unrestricted privileges, subject to a DHSMV hearing.
Defenses to Habitual Traffic Offender Status
Attacking an Underlying DWLSR Conviction: Many clients become HTOs because they pled guilty to DWLSR without understanding the long-term consequences. If the court, prosecutor, or defense attorney failed to properly advise you, a motion to vacate can often remove that conviction. Eliminating even one DWLSR offense may lift the entire HTO revocation.
Challenging the Validity of Previous Pleas: If you entered a plea without being informed of your rights, or without knowing it could lead to a five-year suspension, your plea may not have been knowing and voluntary. Courts frequently grant post-conviction relief in these cases. Once a plea is vacated, DHSMV must reassess your status.
Unlawful or Incorrectly Entered Convictions: Sometimes the DHSMV misapplies convictions that do not qualify under the HTO statute. Your attorney can review the driver’s record to determine whether an offense was improperly counted. Removing non-qualifying convictions can eliminate the HTO status.
No Notice or Administrative Error: If the DHSMV failed to properly notify you of suspensions that led to DWLSR charges, those underlying convictions may be challenged. Demonstrating administrative failure can lead to vacating one or more offenses.
Ineffective Assistance of Prior Counsel: If your previous attorney never advised you that pleading to DWLSR could lead to an HTO suspension, this can form the basis of a strong post-conviction challenge. Courts take these failures seriously, especially when they lead to long-term license loss.
Role of a Melbourne Habitual Traffic Offender Attorney
A knowledgeable HTO attorney at Germain Legal will:
- Analyze your driving history and identify all qualifying convictions
- Determine whether post-conviction motions can eliminate those convictions
- File motions to vacate, modify, or set aside prior judgments
- Represent you in DHSMV administrative hearings
- Petition for hardship or full reinstatement of driving privileges
- Challenge improper HTO designations through writs and appeals
Our goal is to restore your ability to drive legally and prevent the devastating consequences of long-term license revocation.
Frequently Asked Questions
Can I really undo an HTO suspension?
Yes. Many HTO suspensions can be lifted if one of the underlying convictions is legally attacked and vacated.
Is driving during an HTO suspension a felony?
Yes. Driving with an HTO designation can result in felony DWLS charges, even if you believed your license was valid.
What if I already served part of the five-year revocation?
You may still be able to vacate an underlying conviction and restore your license early.
Can I get a hardship license right away?
No. HTO drivers are ineligible for hardship licenses during the first 12 months of revocation.
Lawyer for Habitual Traffic Offenders in Brevard County, FL
If you have been labeled a Habitual Traffic Offender in Melbourne or the surrounding areas, contact Germain Legal immediately. Our attorneys routinely help clients challenge underlying convictions, file post-conviction motions, and pursue license reinstatement. You do not have to suffer through a full five-year revocation—relief may be available even years after the original conviction.
Call (321) 775-3559 or submit an online form today to start building your defense and exploring your reinstatement options. Germain Legal proudly assists clients across Melbourne and nearby Central Florida communities.
