Pursuant to Florida Statute 322.264, anyone with a Florida Driver’s License is subject to what is called Habitual Traffic Offender Status. Stated simply, if you receive 3 convictions for a certain type of traffic citation or traffic crime over a 5 year period, you can lose your unbridled driving privilege for 5 years. These types of traffic infractions or crimes are detailed in Florida Statute 322.264(1). A Florida driver is also subject to habitualization if they accumulate 15 convictions for pointable moving traffic offenses pursuant to 322.264(2) over a 5 year period. So often I’ve had clients who’ve received the unwelcome gift of habitualization pursuant to accumulating 3 driving while license suspended charges within 5 years or any other combination of offenses subjecting them to this penalty. The majority of these individuals didn’t know that by timely paying their infraction, or driving while license suspended without knowledge ticket, they are admitting guilt and will be formally convicted for habitualization purposes. Of course there are several other ways in which one can be classified as a habitual traffic offender and those can be found in Florida Statute 322.264. If habitualized, not only will one lose their license for 5 years, they will not be eligible for a restricted driver’s license for at least one year after the habitual traffic offender status vests.
Unlike other urban areas like New York, Boston, or Chicago, the Tampa Bay area’s mass transit system is inconvenient, inefficient, and costly. In Florida, if a driver loses their driving privilege, it will likely take away their ability to earn a living for the year in which no driver’s license is statutorily available to them. If you’ve received notice of pending habitualization from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), it is imperative that you contact an experienced attorney, well versed in traffic and habitual traffic offender law. I can’t tell you how many times I’ve been able to “reverse” the habitualization process, thereby saving my client’s license from being suspended for 5 years. However, the sooner I can get working on your case after you’ve received your notice from the DHSMV, the higher the success rate will be. If you have been charged with an HTO, or are about to enter habitual offender traffic status, contact the attorneys at The Mayberry Law Firm (727) 771-DUIS right away.