Question: I received a letter from the The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) that my Drivers License was suspended for five years and I am now a Habitual Traffic Offender. How can I get my Drivers License reinstated?
Answer: If one of the underlying offenses was for Driving While License Suspended, an attorney may be able to file a motion to remove the convictions that caused your 5-Year Habitual Traffic Offender (HTO) revocation. You should act quickly to contest the HTO revocation as there are time limits on when this motion can be filed with the Court. Contact Defender Donahue Law PLLC today at 561-888-0113 to speak with an experienced Florida Habitual Traffic Offender Attorney.
Example: The following is a hypothetical scenario. You forgot to pay a ticket and your license was suspended. A police officer pulled you over and you received a ticket for driving while license suspended without knowledge. You paid the ticket at the Clerks office. You never got around to getting your license reinstated, and you got two more Driving While License Suspended (DUS) tickets. You paid them and now the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) sent you a letter that your Drivers License was suspended for five years and you are now a Habitual Traffic Offender. Why did this happen and what can you do?
Why did this happen? In Florida, under Florida Statute 322.264(1)(d), an HTO revocation can occur when an person receives three tickets for driving while license suspended (DUS) within a 5-year period. Some people think the right thing to do is to simply pay the DUS tickets. However, by paying the tickets, they may be “Adjudicated,” which can cause a 5-year HTO revocation. Instead of paying the ticket and being “Adjudicated,” if the person receives a “Withhold of Adjudication” from the Court, the Habitual Traffic Offender classification would likely be avoided.
What can you do? An attorney can file a motion for a reduction of penalty under Florida Rules of Traffic Court Rule 6.490. This rules states “An official may reduce a legal penalty within 60 days after its imposition, or thereafter with good cause shown.” An attorney could argue in the motion that at the time the person paid the the ticket, they were not aware or informed of the consequences of payment of the ticket by the Court or Clerk’s office that the resulting adjudication would be used by the DMV to classify the person as a habitual traffic offender and revoke driving privileges. The motion would request the Court to reduce the penalty of the “Adjudication” and entering a “Withhold of Adjudication.” If the Court grants the motion, the revocation may be lifted, sometimes in just a few days or weeks.
Contact Me: Defender Donahue Law PLLC represents clients that have been declared Habitual Traffic Offenders under Florida law for offenses that occurred in Palm Beach County, Broward County, and Miami-Dade County. If you are facing HTO status, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case and the possibility of clearing your habitual traffic offender status so that you can reinstate your driver license. To schedule a free and confidential consultation about your case, call my cell phone (561) 888-0113, send me an email PCDEsq@gmail.com, or use my Contact Form.