Chris S. Boatright, P.A.

Seminole County Habitual Traffic Offender Penalties

Driving As A Habitual Traffic Offender (HTO)

The penalties for driving with a driver’s license in Seminole County, Florida that has been revoked as a habitual traffic offender vary depending on the severity of the charge.  Driving with a driver’s license that has been revoked for being a habitual traffic offender can be a second degree misdemeanor, a first degree misdemeanor or a third degree felony.  Whether the charge is a second degree misdemeanor, a first degree misdemeanor or a third degree felony is determined by three things.  The reason for the suspension of the driver’s license that caused the driver’s license to be revoked as a habitual traffic offender.  If the driver has ever been convicted of a prior driving as a habitual traffic offender. If the driver has ever been convicted of a prior forceable felony.

Penalties For Driving As A Habitual Traffic Offender

First Offense

Knowingly driving with a suspended license is a second degree misdemeanor and the penalties include up to 60 days in jail, up to6 months on probation and up to a $500 fine.

Second Offense

Knowingly driving with a suspended license is a first degree misdemeanor and the penalties include up to 1 year in jail, up to 1 year on probation and up to a $1,000 fine.

Third Offense

Knowingly driving with a suspended license is a third degree felony and the penalties include up to 5 years in prison, up to 5 years on probation and up to a $5,000 fine.

Driving As A Habitual Traffic Offender Lawyer

If you have been charged with driving as a habitual traffic offender please contact Chris S. Boatright, P.A. at 407-740-8300 for a free consultation to discuss your case.  Chris is a former driving as a habitual traffic offender prosecutor who has been defending people charged with driving as a habitual traffic offender for over 20 years.

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Seminole County Habitual Traffic Offender Designation

Seminole County Habitual Traffic Offender

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Seminole County Criminal Defense Lawyer

Seminole County Habitual Traffic Offender Designation

Three Strikes Within Five Years

If you get three driving while license suspended convictions within a five year period the Florida Department Of Highway Safety And Motor Vehicles (DHSMV) will classify you as a habitual traffic offender and, consequently, will revoke your driving privilege for five years.  So basically three strikes in five years and you sit the bench for five years in the driving game.  You can not even apply for a hearing for a hardship license for one year and just because you apply for a hardship license after one year does not mean DHSMV is going to give it to you.  So no driving for at least one year and then maybe DHSMV will allow you to drive for the next four years for business purposes only or employment purposes only.

Business Purposes Only License

A driving privilege restricted to “business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.  A driving privilege restricted to “employment purposes only” means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Employment Purposes Only License

A driving privilege restricted to “employment purposes only” means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Driving As A Habitual Traffic Offender Lawyer

If you have been charged with driving as a habitual traffic offender please contact Chris S. Boatright, P.A. at 407-740-8300 for a free consultation to discuss your case.  Chris is a former Seminole County driving as a habitual traffic offender prosecutor who has been defending people charged with driving as a habitual traffic offender in Seminole County for over 20 years.

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Seminole County Habitual Traffic Offender Penalties

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Seminole County Criminal Defense Lawyer

Seminole County Penalties For Driving With A Suspended License

First Offense

Knowingly driving with a suspended license is a second degree misdemeanor and the penalties include up to 60 days in jail, up to 6 months on probation and up to a $500 fine.

Second Offense

Knowingly driving with a suspended license is a first degree misdemeanor and the penalties include up to 1 year in jail, up to 1 year on probation and up to a $1,000 fine.

Third Offense

Knowingly driving with a suspended license is a third degree felony and the penalties include up to 5 years in prison, up to 5 years on probation and up to a $5,000 fine.  A third offense driving while license suspended conviction also has a mandatory minimum 10 days in jail.

Driving As A Habitual Traffic Offender

Driving with a driver’s license that has been revoked for being classified as a habitual traffic offender can be a second degree misdemeanor and the penalties include up to 60 days in jail, up to 6 months on probation and up to a $500 fine, a first degree misdemeanor and the penalties include up to 1 year in jail, up to 1 year on probation and up to a $1,000 fine or third degree felony and the penalties include up to 5 years in prison, up to 5 years on probation and a up to a $5,000 fine.  Whether the charge is a misdemeanor or felony is determined by the reason for the suspension of your driver’s license that caused your driver’s license to be revoked as a habitual traffic offender and if you have ever been convicted of a prior forceable felony.

Driving With A Permanently Revoked License

Driving with a permanently revoked license is a third-degree felony punishable by up to 5 years in prison, up to 5 years on probation up to a $5,000 fine.

Driving With A Suspended License Lawyer

If you have been charged with driving with a suspended or revoked license in Seminole County, Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case.  Chris is a former Seminole County driving with a suspended license prosecutor who has been defending people charged with driving with a suspended license for over 20 years.  If driving is important to you then put his knowledge and experience to work protecting your driver’s license and your record.

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Seminole County Driving With A Suspended License Defense Lawyer

Driving With A Suspended License Unlawful Stop

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Seminole County Criminal Defense Lawyer

Knowledge And Driving With A Suspended License

Driving With A Suspended License Types

In Seminole County, Florida there are two types of driving with a suspended license charges.  Driving with a suspended license without knowledge of the suspension is a civil infraction.  Driving with a suspended license with knowledge of the suspension is a criminal charge.

Knowledge Of The Suspension

The element of knowledge is satisfied if the person has been previously cited for driving with a suspended license; or the person admits to knowledge of the suspension, or the person received notice of the suspension. There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.  In any proceeding for a violation of this section, a court may consider evidence that the person knowingly drove with a suspended license.  Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that suspends a person’s driver license must contain a provision notifying the person that his or her driver license has been suspended.

Notice Of The Suspension

Notice means personal delivery or deposit in the United States mail, first class, postage prepaid, addressed to the defendant at the last known address furnished to the Department of Highway Safety and Motor Vehicles.  Mailing by the department shall constitute notification.

Driving With A Suspended License Lawyer

If you have been charged with driving with a suspended license please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case.  Chris is a former driving with a suspended license prosecutor who has been defending people charged with driving with a suspended license for over 20 years.  If driving is important to you then put his knowledge and experience to work protecting your driver’s license and your record.

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Seminole County Driving With A Suspended License Defense Lawyer

Driving With A Suspended License Ticket

Driving With A Suspended License Unlawful Stop

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Seminole County Criminal Defense Lawyer

Driving With A Suspended License Ticket

Ticket

The officer who charges someone with driving on a suspended license is going to do that by issuing a Florida Uniform Traffic Citation more commonly referred to as a ticket.

Civil Or Criminal

In Florida there are two types of driving with a suspended license charges.  Driving with a suspended license without knowledge of the suspension is a civil infraction.  Driving with a suspended license with knowledge of the suspension is a criminal charge.

Civil Citation

The officer can charge someone with a civil infraction for driving with a suspended license by issuing a ticket.  This is a ticket that allows that person to just pay the ticket without appearing court or to contest the ticket which requires a court appearance.

Notice To Appear

The officer can charge someone with a criminal charge of driving with a suspended license without taking that person to jail by issuing the person a ticket which constitutes a notice to appear.  This charge requires the person to appear in court to answer to the criminal driving with a suspended license charge.

Arrest

The officer can charge someone with a criminal charge of driving with a suspended license by taking that person to jail and by issuing the person a ticket.  This charge requires the person to appear in court to answer to the criminal driving with a suspended license charge.

Driving With A Suspended License Lawyer

If you have been charged with driving with a suspended license please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case.  Chris is a former driving with a suspended license prosecutor who has been defending people charged with driving with a suspended license for over 20 years.  If driving is important to you then put his knowledge and experience to work protecting your driver’s license and your record.

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Seminole County Driving With A Suspended License Defense Lawyer

Driving With A Suspended License Unlawful Stop

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Respondent For A Seminole County Domestic Violence Injunction For Protection

Request

The victim of any act of domestic violence or who has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence.  Because you are the person against whom the request to the court is being made you are called the respondent.  The person requesting the court provide for protection you from is called the petitioner.

Requirements

The court may only give a petitioner a Seminole County, Florida domestic violence injunction for protection if the respondent is a spouse, former spouse, related to the petitioner by blood or marriage, living with the petitioner now as a family or has lived with the petitioner in the past as a family, or the other parent of the petitioner’s child or children whether or not the petitioner and respondent have ever been married or ever lived together.  With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.

Domestic Violence

Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.

Reasonable Cause

To determine whether the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.  Unfortunately, the respondent does not get to respond to these allegations by the petitioner unless a hearing for permanent injunction is set.

Other Types Of Injunctions For Protection

There are other different types of injunctions for protection in Florida.  These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence.  If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.

Each different type of injunction for protection has specific legal requirements that have to be met by the petitioner.  The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection.  This is one of many reasons why it is important to discuss what if any injunction for protection is available to the petitioner with a lawyer experienced in representing respondents against for injunctions for protection.

The Lawyer

Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against domestic violence injunctions for protection.

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Florida Injunctions For Protection

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Seminole County Criminal Defense Lawyer

Petitioner For Seminole County Domestic Violence Injunction For Protection

Request

If you are the victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence.  Because you are the person making the request to the court you are called the petitioner.  The person whom you are asking the court to protect you from is called the respondent.

Requirements

The court may only give a petitioner a Seminole County, Florida domestic violence injunction for protection if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now as a family or has lived with you in the past as a family, or the other parent of your child or children whether or not you have ever been married or ever lived together.  With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.

Domestic Violence

Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.

Reasonable Cause

To determine whether the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.

Other Types Of Injunctions For Protection

There are other different types of injunctions for protection in Florida.  These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence.  If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.

Each different type of injunction for protection has specific legal requirements that have to be met by the petitioner.  The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection.  This is one of many reasons why it is important to discuss what if any injunction for protection are available to the petitioner with a lawyer experienced in representing petitioners for injunctions for protection.

The Lawyer

Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals seeking injunctions for protection.

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Florida Injunctions For Protection

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Seminole County Criminal Defense Lawyer

Seminole County Domestic Violence Injunctions For Protection For The Accused

Request

The victim of any act of domestic violence or person who has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence can ask the court for a protective order prohibiting domestic violence.

Requirements

The court may only give a person a domestic violence injunction for protection if the person against whom it is being requested, the accused, is a spouse, former spouse, related by blood or marriage, living now as a family with person requesting the injunction, the alleged victim, or has lived with the alleged victim in the past as a family, or the other parent of a child or children whether or not you have ever been married or ever lived together.  With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.

Domestic Violence

Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.

Reasonable Cause

To determine whether the person requesting the injunction has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the request for an injunction.

Other Types Of Injunctions For Protection

There are other different types of injunctions for protection in Florida.  These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence.  If the requesting person does not qualify for a domestic violence injunction for protection they may qualify for one of these other injunctions for protection.

Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection.  The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection.  This is one of many reasons why it is important to discuss with a lawyer experienced in representing accused individuals whom an injunction for protection is being sought what if any injunction for protection can be obtained by the alleged victim against the accused.

The Lawyer

Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience defending individuals against Seminole County Domestic Violence Injunctions For Protection.

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Seminole County Domestic Violence Injunction Lawyer

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Seminole County Criminal Defense Lawyer

Seminole County Florida Domestic Violence Injunctions For Protection For Victims

Request

If you are the victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence you can ask the court for a protective order prohibiting domestic violence in Seminole County.

Requirements

The court may only give a person a domestic violence injunction for protection in Seminole County if the person you are requesting the injunction against is your spouse, former spouse, related to you by blood or marriage, living with you now as a family or has lived with you in the past as a family, or the other parent of your child or children whether or not you have ever been married or ever lived together.  With the exception of persons who have a child or children in common, the family or household members must be currently residing together or have resided together in the same single dwelling unit.

Domestic Violence

Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the person requesting the injunction by any of the family household members of the person requesting the injunction.

Reasonable Cause

To determine whether the person requesting the injunction has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence in Seminole County, the court must consider all relevant factors alleged in the request for an injunction.

Other Types Of Injunctions For Protection

There are other different types of injunctions for protection in Seminole County.  These are: Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking; Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence.  If you do not qualify for a domestic violence injunction for protection you may qualify for one of these injunctions for protection.

Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection.  The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection.  This is one of many reasons why it is important to discuss what if any injunction for protection applies to the person requesting an injunction for protection with a lawyer experienced in representing people seeking injunctions for protection.

The Lawyer

Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals in Seminole County seeking injunctions for protection.

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Florida Injunctions For Protection

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Seminole County Criminal Defense Lawyer

Florida Injunctions For Protection

Five Types

There are five different types of injunctions for protection in Florida.  The five different types of injunctions for protection in Florida are:  Injunction For Protection Against Domestic Violence; Injunction For Protection Against Dating Violence; Injunction For Protection Against Stalking;  Injunction For Protection against Repeat Violence; Injunction For Protection Against Sexual Violence.

Requirements

Each different type of injunction for protection has specific legal requirements that have to be met by the person seeking the injunction for protection.  The specific legal requirements are important because if they are not met the judge should deny the request for the injunction for protection.

Temporary Versus Permanent Injunctions For Protection

When a person seeking an injunction for protection goes to the courthouse to get an injunction for protection a judge reviews the request and decides if there is a legal basis to grant a temporary injunction for protection.  If the judge grants a temporary injunction for protection the temporary injunction for protection will remain in effect until the hearing on the permanent injunction for protection.

Service Of The Temporary Injunction For Protection

The hearing for the permanent injunction for protection is supposed to be within fourteen days  of the granting of the temporary injunction for protection.  This time gives the sheriff’s office time to serve the person who the injunction has been issued against with notice of the temporary injunction which also includes the notice of the date, time and location of the hearing for the permanent injunction.

Hearing For The Permanent Injunction

At the hearing for the permanent injunction for protection the judge will decide if the temporary injunction for protection will be made permanent or will be dismissed.  If the judge decides to make the injunction for protection permanent the judge can also require the person against whom the permanent injunction for protection has been placed to complete counseling.  Some of the types of counseling a judge can require is the batterers’ intervention program, anger management counseling, mental health counseling and drug and alcohol counseling.

The Lawyer

Call 407-740-8300 for a free consultation with a lawyer with 20+ year experience representing individuals both seeking injunctions for protection and defending people against injunctions for protection.

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Seminole County Criminal Defense Lawyer