Legal Question in Traffic Law in Florida

Re: Habitual Traffic Offender

The law in regards to driving with a suspended license is confusing for many people. The answer to your question really is that it depends if your prior driving while license suspended (DWLS) cases were civil infractions or criminal cases. If you received a Withhold on the civil infraction, your license should not be suspended for 5 years as a habitual offender.

The Habitual Traffic Offender Statute - Section 322.264 does not differentiate between criminal and non-criminal priors for purposes of declaring a driver as an HTO. The law states if there are three priors in a five year period for "driving a motor vehicle while license is suspended or revoked" the person can be declared an HTO.

SO WHAT TYPE OF PRIOR COUNTS for DHSMV to habitualize a driver:

A guilty OR adjudication withheld on a criminal charge of driving while cancelled, revoked or suspended counts towards an HTO revocation unless the adjudication withheld is due to proof of compliance.

A guilty verdict on a non-criminal driving while cancelled,revoked, suspended does count towards an HTO revocation even though the charge is a simple infraction.

Adjudication withheld on a non-criminal does not count.

In a nut shell, DHSMV will count a DWLS non-criminal infraction conviction, unless adjudication is withheld, as one of the necessary predicate three convictions in order to habitualize a driver.

If you would like for me to review your record, my office offers a free initial consultation. Should you qualify as a habitual offender, I still may be able to offer you some advise in order to get your license back.