WHAT DOES IT MEAN TO BE A HABITUAL TRAFFIC OFFENDER

A person’s driving privileges can be suspended or revoked for different reasons. Florida Statute Section 322.264 defines the phrase “habitual traffic offender” as a person whose record, as maintained by the DMV shows that his person has accumulated the specified number of convictions for offenses.

Even if one of the prior convictions resulted in a suspension under a different section of Florida Statutes, the prior conviction will still count toward a suspension or revocation under the Florida Habitual Traffic Offender Statute.

Three Offenses Can Cause a Habitual Traffic Offender Driving Privileges Revocation

In Florida, any driver who has three of the offenses listed below within a Five (5) year period becomes a Habitual Traffic Offender and receives a Five (5) year revocation or suspension of their driver’s license. The qualifying offenses include:

DUI – Driving Under the Influence;

DWLSR – Driving While License Suspended or Revoked regardless of whether adjudication was withheld (except that a civil infraction for driving while license suspended without knowledge does not count only if adjudication was withheld on that civil infraction. If you paid the fine for a civil infraction for DWLS without knowledge- then it counts);

Vehicular Manslaughter – voluntary or involuntary;

Committing certain felonies while using a motor vehicle;

Failing to stop and as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury or another.

Driving a commercial vehicle while his or her privilege is disqualified.

Any person arrested for driving while under a Florida Habitual Traffic Offender revocation or suspension is guilty of a third-degree felony punishable by a $5,000.00 fine and five years in Florida State Prison and in addition, the person will have his/her driver license revoked for 5 years. See Florida Statutes §322.264 and §322.34(5). See Florida Statutes §322.264 and §322.34(5).

These offenses are serious and each new offense makes the problem worse. But you may be able to reverse the damage before it is too late. Contact us. Our consultations are free of cost!

Citation Nation

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.264.html

https://www.felonyflorida.com/driving-while-a-habitual-traffic-offender-florida-statute-322-34.html

http://floridadefenders.com/florida-traffic-tickets/habitual-offender