Driving with a Suspended License – HTO
DWLS / DRIVING WHILE LICENSE SUSPENDED (WITH TWO PRIORS OR AS A HABITUAL TRAFFIC OFFENDER)
Believe it or not, you can go to jail after simply paying your traffic tickets, and then driving on your suspended license! But wait, the clerk of the traffic court probably told you that you must pay all your outstanding tickets in order to get your license back, so you pay, they hand you a shiny new plastic DL, but two months later you're pulled over and charged with the crime of driving while license suspended? How could this happen, especially when you're only following the advice of the traffic clerk by paying your fines off?? Read on....
Driving on a suspended license is a serious (and common) criminal charge in the State of Florida. There are plenty of defenses to this charge, so don't give up your rights and defenses without first calling us.
If you have been charged with Driving While License Suspended (citation, misdemeanor, or felony With Two Priors or As a Habitual Traffic Offender), our law firm first questions whether or not the officer had the right to pull you over. We examine your official DMV driving record and look at the underlying reasons for your license suspension and challenge said suspension when appropriate. If the original suspension was improper, we will work to have the current charges dropped or dismissed.
Here's where the problems can begin. You get pulled over and given a ticket for "Driving While License Suspended Without Knowledge". This is NOT a criminal offense, so often times Floridians simply pay this "ticket" without realizing that, later down the road, a few more of these "tickets" and the Department of Motor Vehicles will suspend your driving privileges for five (5) years as a Habitual Traffic Offender (HTO). There's so many different ways to become a Habitual Traffic Offender, that once you receive any sort of Driving While License Suspended ticket or charge, you should seek legal advice immediately.
Remember that when you pay a "ticket" for Driving While License Suspended, you are actually entering a "plea" to the court that can have lasting effects on your driving record should you be accused of other qualifying offenses within five (5) years of paying that "ticket". Know your rights. Don't pay this ticket without first seeking legal advice.
So, say you are one of many drivers in the State of Florida that has had the misfortune of a Habitual Traffic Offender (HTO) designation. This means the DMV has suspended your driving privileges for five (5) years by receiving three qualifying offenses within a five year period (a combination of any three driving while license suspended's, or DUI, or Leaving the Scene of an Accident with injuries) Do not despair, we can help you. You may have the right to challenge some of the "plea's" entered that form the foundation of the HTO status. If you successfully challenge ANY one of the three underlying HTO offenses, you get your driving privileges back—no more five year suspension! We have helped many clients erase their HTO suspension; we may be able to help you too.
Of course, there are many forms of Driving While License Suspended, such as the simple traffic citation mentioned above, also criminal misdemeanor offense of Driving While License Suspended With Knowledge, and the felony offenses of Driving While License Suspended With Two Priors or Driving While License Suspended as a Habitual Traffic Offender (HTO). The laws now have changed regarding the felony DWLS as HTO, as it is no longer a felony to drive as an HTO if all of the underlying suspensions are due to financial reasons.
In Central Florida, people need a car and a valid driver's license to get to work every day. If you are charged as a habitual traffic offender (HTO) and your license is suspended, your ability to earn a living may be in danger. We urge you to contact our criminal defense office today for strong advocacy and defense both in court and before the DMV.
E-mail: jguidrylaw@msn.comAggressive, quality representation since 1993