If your driver’s license has been suspended or revoked, you may be able to regain your driving privileges sooner than expected. Hiring an attorney to represent you in court will be greatly beneficial; our Melbourne traffic offense attorneys assist clients in court by legally attacking one out of the three or more traffic convictions that initially labeled the client as a habitual traffic offender through a post-trial conviction motion.
After the conviction is eliminated from your record, the Bureau of Driver Improvement (BDI) with the Division of Driver Licenses at the Department of Highway Safety and Motor Vehicles will lift the 5 year HTO revocation. Your driver's license would again become valid. If the client's revocation is denied, our attorneys can file a writ of certiorari to appeal the Florida Department of Highway Safety and Motor Vehicles order of revocation.
The Law Offices of Germain & McCarthy, LLC aggressively represent Habitual Traffic Offender revocation clients throughout Brevard County, Florida, including the cities and towns of Melbourne, Satellite Beach, Merritt Island, Titusville, Viera, Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, West Melbourne, Palm Bay and Rockledge. By fighting the habitual traffic offender revocation you could save your privilege to drive, as well as numerous amounts of money in increased insurance premiums.
As a result of many individuals unawareness of attacking one of the original convictions, many individuals endure the 5-year suspension unconscious that they have other options under Florida law. Consistent with the Bureau of Driver Records, the Florida DHSMV released a great amount of habitual traffic offender proclamations:
Habitual Traffic Offender notices for Licensed Florida Drivers:
To become labeled as a habitual traffic offender in the State of Florida, a driver’s driving record shall consist of certain accumulated traffic offenses. Most HTO revocation cases result from three driving while license suspended cases. With many habitual traffic offender revocations, individuals convicted choose not to consult with an attorney. Our Melbourne traffic offense lawyers recommend that locals consult with us to become familiar with their options before entering a plea or settling the ticket. Some attorneys fail to notify their clients that if they enter a plea it would result in a 5-year suspension. The issue associated with this matter is the fact that attorneys employed with the Public’s Defender’s Office are obligated not to attack the original convictions through post-conviction motions. Furthermore, many criminal defense lawyers are not knowledge of all of the options available to their clients who are charged with Driving while Licensed Suspended or Revoked.
Since our attorneys are experienced with fighting Florida Habitual Traffic Offender (HTO) revocations, we have successfully removed the habitual traffic offender’s status from numerous client’s records. Fighting to remove the habitual traffic offender revocation is contingent on timing since different legal challenges can be filed inside 30 days after acknowledgment, inside 60 days after you were last ticketed or charged with a traffic offense, or inside 2 years after you were charged with the last traffic offense.
Most individuals are astonished to discover that they are allowed to file a motion to vacate or set aside a conviction that caused the Florida habitual traffic offender revocation for up to two years after their conviction. Contact an attorney at The Law Offices of Germain & McCarthy, LLC today to safeguard all possibilities of attack to eradicate the underlying offenses that are the cause of your habitual traffic offender status. Let our attorneys increase your chances of achieving the reinstatement of your driving privileges.
According to Florida State Statute §322.331 for Habitual Traffic Offenders; restoration of license, at the expiration of 5 years from the date of license revocation, a person whose license has been revoked under §322.27(5) may petition the department for restoration of driving privileges. Upon such petition and after investigating the person's qualification and fitness to drive, the department shall hold an administrative hearing to determine whether driving privileges shall be restored either on an unrestricted basis or on a restricted basis solely for business or employment purposes.
Many individuals may be interested in obtaining a hardship license that will allow them to drive to and from work. However, individuals convicted as a habitual traffic offender, are not eligible for a hardship license during the first year that their license was revoked or suspended, meaning that you are not permitted to operate an automobile for any reason. After the first year, you will be eligible to apply for a hardship license through the Administrative Review Office.
Before obtaining a hardship license individuals shall complete the Advanced Driver Improvement (ADI) School. In the case of alcohol involvement, individuals will then be required to complete a DUI School program. After the 5 year Florida Habitual Traffic Offender revocation has expired, residents of Florida can petition through the Administrative Reviews Office to re-establish driving privileges. When the petition is filed, Florida Department of Highway Safety for Motor Vehicles will investigate the driver’s fitness to drive and other qualifications. Once the request is accurately filed, the Florida DHSMV is obligated to hold an administrative hearing to settle on whether full driving privileges can be re-established or if driving privileges will only be re-established and restricted for commercial or employment purposes.
You owe it to yourself to talk with an experienced Florida Habitual Traffic Offender lawyer before you continue to suffer the consequences of the HTO suspension. Many people are surprised to learn that they could have avoided the revocation or suspension by going to court with an experienced attorney. In some cases, the individual was represented by an attorney who never told them that their plea would subject them to a five-year habitual traffic offender revocation. Those same individuals are even more surprised to learn that it is possible to undo the damage even up to two years later.
Three or more of the following traffic offenses could cause a person in Florida to be labeled as Habitual Traffic Offender:
You must submit a written request to obtain a copy of your driving record. Visit the Florida DHSMV to review the requirements for obtaining a copy of your driving record.
At The Law Offices of Germain & McCarthy, LLC, our Melbourne traffic lawyers assist clients in developing strategies to safeguard their privilege to drive. Contact our attorneys by calling (321) 253-3447 or provide us with your case details in our online form. The Law Offices of Germain & McCarthy, LLC represents clients for Habitual Traffic Offender Revocation in Brevard County, Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, Florida.