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The penalties for driving with a driver’s license in Seminole County, Florida that has been revoked as a habitual traffic offender vary depending on the severity of the charge.  Driving with a driver’s license that has been revoked for being a habitual traffic offender can be a second degree misdemeanor, a first degree misdemeanor or a third degree felony.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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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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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

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

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.

For More Information On Driving With A Suspended License See Below:

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

The defendant was stopped by a law enforcement officer for the sole purpose of checking the status of his driver’s license.  After the defendant was stopped, the officer obtained the defendants’ driver’s license and discovered it was suspended.  The defendant was arrested and charged with driving with a suspended license.  The defendant moved the trial court to suppress all the evidence from the stop.  The trial court denied the defendant’s motion to suppress.  The defendant appealed and ultimately the Florida Supreme Court ruled that “when, as in the instant case, an officer unlawfully stops the defendant solely to determine whether or she is driving with a suspended license, that the officer’s post-stop observation of the defendant behind the wheel must be suppressed.

See State v. Perkins, 760 S0.2d 85 (Fla. 2000)

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Seminole County Driving With A Suspended License Defense Lawyer

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