322.34(5) Driving while license suspended, revoked, canceled, or disqualified.

(5) Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.






















The Florida Habitual Traffic Offender Designation and Florida Statute 322.264

Florida Statute 322.264 defines a “habitual traffic offender” as any person whose driving record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has, within a five-year period, accumulated:

(1) Three or more convictions of any or all of the following offenses:

(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of Section 316.193 (DUI);
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified; or

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Section 322.27, Florida Statutes, including those offenses set forth above.

Under Florida Statute 322.264 and Florida Statute 322.34(5), it is not required that you know that you have been designated as an HTO, just that you can be so classified by reviewing your driving record. 

The Most Unfair Law in Florida: How Paying a Ticket Can Revoke Your License for Five Years

Many people are classified as a Habitual Traffic Offender because they paid a simple civil infraction.  The civil infraction of driving with a suspended license without knowledge is a major traffic offense for purposes of the HTO statute if you pay the ticket and receive an adjudication of guilt.  Some very unlucky people are classified as HTO because they pay three of these civil infractions in a five-year period.  Most of these people have never seen the inside of a courtroom, yet they are designated as HTO and lose their license for five years.  If you have outstanding tickets (including civil infractions), paying them to reinstate your license can cause this mandatory five-year driver's license revocation.  Review your driving record and pay close attention to the nature of your ticket before you start paying old tickets to clear up your driving record.

The HTO Criminal Statute, Florida Statute 322.34(5)

Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084.

Contact Bryce A. Fetter, P.A. to Discuss Your HTO Case

We understand that your driving privileges, livelihood and good name are at stake. Contact Bryce A. Fetter, P.A. for a free consultation.  In addition to keeping normal business hours, our office is open every Saturday.  Call 407-740-7275 to speak directly with an experienced Habitual Traffic Offender Lawyer.  You may also email Bryce Fetter directly with any questions about your HTO DWLSR case.  When choosing a criminal defense lawyer remember that experience and results matter.
In Florida, if you are convicted of three or more major traffic violations, including the offense of driving with a suspended license, within a five-year period, or if you accumulate fifteen moving offenses for which points can be assessed, then the Department of Highway Safety and Motor Vehicles will designate you as a Habitual Traffic Offender.  This revokes your license for a five-year period and subjects you to felony prosecution if caught driving.  

If your driver’s license has been revoked or suspended as a result of being classified as a “habitual traffic offender,” contact an Orlando Habitual Traffic Offender Attorney to discuss ways to reinstate your driving privileges and avoid a felony conviction. 

Call Bryce A. Fetter P.A. to speak with an experienced Habitual Traffic Offender Lawyer.  We can (1) discuss your case, (2) review your driving record and (3) determine what needs to be done for you to reinstate your license.
Bryce A. Fetter, P.A.
C R I M I N A L   D E F E N S E   A T T O R N E Y

Habitual Traffic Offender Revocation

How To Undo HTO Classification & Reinstate Your License

322.34(5), HTO

ryce Fetter, Hit and Run Criminal Law Attorney
National Association of Criminal Defense Lawyers
FORMER PROSECUTOR
CRIMINAL DEFENSE SINCE 1999
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Bryce A. Fetter, P.A. Attorney at Law provides criminal defense services for clients throughout Greater Orlando, Florida, including the cities of Winter Park, Maitland, Apopka, Oviedo, Windermere, Winter Springs, Lake Mary, Longwood, Heathrow, Clermont, Deltona, Sanford, Altamonte Springs, Winter Garden, Kissimmee, Dr. Phillips, Celebration, and Casselberry. The firm also represents individuals in the communities of Orange County, Seminole County, Lake County, Osceola County, Brevard County and Volusia County. 

Bryce A. Fetter, P.A. © 1999-2014, Florida Criminal Defense Attorney. 

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