DWLS – Overview
DWLS – Penalties
DWLS – Laws
DWLS – Reasons for Suspension, Revocation or Cancellation
DWLS – Reinstatement
DWLS – Definitions  
DWLS - Habitual Traffic Offender (HTO)
Other Driver's License Offenses

Overview

 

Under Florida law a "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described below within a 5-year period:  

1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
2. Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
3. Any felony in the commission of which a motor vehicle is used;
4. Driving a motor vehicle while his or her license is suspended or revoked;
5. Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another;
6. Driving a commercial motor vehicle while his or her privilege is disqualified. or
7. Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses listed in 1-6 above.

See F.S. 322.264 - "Habitual Traffic Offender" defined

 

Penalties

 

Once the Florida Department of Highway Safety and Motor Vehicles determines that you are a habitual traffic offender, your license will be suspended for 5 years.  You will not be allowed to drive for 12 months. Upon the completion of 12 months, you may petition the Department of Highway Safety and Motor Vehicles for reinstatement on a restricted basis (hardship license). 

 

NOTE: IF YOU ARE CAUGHT DRIVING ON A HABITUAL TRAFFIC OFFENDER SUSPENSION YOU WILL BE TAKEN TO JAIL AND UNDER CERTAIN CIRCUMSTANCES YOU CAN BE CHARGED WITH A THIRD DEGREE FELONY.  A THIRD DEGREE FELONY IS PUNISHABLE BY UP TO FIVE YEARS STATE PRISON.

 

Habitual Offender License Restoration

 

Florida statute 322.33 states “at the expiration of 5 years from the date of license revocation, a person whose license has been revoked under s. 322.27(5) may petition the department for restoration of driving privileges. Upon such petition and after investigation of the person's qualification and fitness to drive, the department shall hold an administrative hearing to determine whether driving privileges shall be restored either on an unrestricted basis or on a restricted basis solely for business or employment purposes.”

 

The material on this page is not intended to be legal advice. Florida criminal traffic law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult a Florida criminal defense lawyer about your legal rights and responsibilities regarding your particular case.

 

Consult With Experienced Florida Criminal Defense Lawyers

 

The facts of every license violation case are different and because of the various complexities involved in handling these types of cases, it is vitally important that you obtain representation from a lawyer experienced in defending, not prosecuting these types of crimes.

 

If you have been arrested or charged with driving with your license suspended or revoked, driving without a valid license, or driving with an expired license call the Orlando Kissimmee criminal defense lawyer at Corzo & Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.

 

Orlando and Kissimmee criminal defense lawyers Will Corzo and Sam Kohrs represent clients charged with driving with their license suspended or revoked, driving without a valid license and driving with an expired license throughout central Florida, including Orange, Osceola and Pinellas County and are available 24 hours a day and on weekends and holidays.