Legal Question in Criminal Law in Florida

Felonly Habitual Driving While License Revoked

My husband was arrested and accused of habitually driving while his license was revoked. My husband received these tickets ranging between the years of 1997-2000 (his brother advised that he had gotten some of these tickets and gave my husbands information). He left the state of Florida in 2001 thinking the issues were resolved as he had paid the tickets to a collection agency in Lake City, FL. We returned in to Florida not aware of any licensing issues as when my husband arrived in Texas he was given a drivers license. He then was arrested and charged with the above offense. He was released on his own recognizance. We would like to know where do we start with this? Because it is a felony, do we need a lawyer? Will paying the tickets again resolve the issue? If he left in 2001 and license revocations last 5 years in Florida, can they still charge him as driving on a revoked license? Thank you in advanced.


Asked on 8/18/08, 2:00 pm

1 Answer from Attorneys
Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: Felonly Habitual Driving While License Revoked

Driving on habitual traffic offender (HTO) status may or may not be a felony. If he was charged with driving on HTO after July 1 on this year, there was a change in the law that makes some driving on HTO a misdemeanor. It depends how he was put on HTO status. If his HTO was from prior Driving while license suspended charges, and the suspensions in those cases all had to do with financial obligations (like failing to pay traffic tickets) then it is a misdemeanor if it occurred after July 1.

If I understand your question right, simply paying the outstanding tickets will not automatically resolve the issue. However, paying the tickets and showing that there is an effort to correct the situation can have a positive influence on the prosecutor handling the case.

Once a person is declared a habitual traffic offender by the Department of Highway Safety and Motor Vehicles (DHSMV), they will usually send notice to the last address reported on the Florida license. All the state must show to argue its case is that there was a HTO suspension in effect at the time the person was driving, and that the DHSMV had sent out the required notice.

Good legal counsel will be able to look at the driving record and the facts of the case and help you to ensure the case is resolved correctly.

Please let me know if I can be of further assistance.

Read more
Answered on 8/20/08, 5:51 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida