Two Powerful Strategies to Remove a 5-Year HTO Suspension in Florida

By: John Guidry II

A five-year license suspension for being a Habitual Traffic Offender (HTO) can feel like a life sentence, but it doesn’t have to be. There are two primary legal avenues we can pursue to get your HTO status removed and get you back on the road legally.

It’s important to know that timing doesn’t matter. We can attack the suspension one month in, three years in, or even before it officially begins.

Facing a 5-Year HTO Suspension in Orlando? There are ways to fight it. Call my office for a free analysis of your driving record to see which of these strategies is right for you. Call John Guidry: (407) 423-1117

Strategy #1: Attack the DMV’s Record

The first method is a direct, administrative attack on the Department of Motor Vehicles’ records.

• The Process: We obtain a copy of your full, lifetime driving record and analyze it with a fine-tooth comb. It may be shocking to hear, but our government makes mistakes on these records all the time.
• The Goal: We search for errors in how convictions were recorded, out-of-state tickets that were improperly applied, or other clerical mistakes. If we find an error, we can demand the DMV correct their records. A single correction can be enough to invalidate one of the three “strikes” that caused your HTO suspension, leading to the removal of the five-year penalty.

Strategy #2: Attack an Underlying Conviction in Court

The second, and often more powerful, method is to bypass the DMV entirely and go straight to a judge. Your HTO status is based on three underlying convictions. Our goal is to find the weakest of those three and have it thrown out.

Often, the weakest link is a civil “Driving While License Suspended Without Knowledge” ticket that the driver simply paid online for a couple of hundred dollars. They paid the ticket without ever realizing that this “simple” payment would count as a strike and contribute to a five-year license suspension.

• The Process: We file a motion with the judge who handled that old ticket. Citing Florida Traffic Rule 6.360, we argue that the conviction should be set aside because the driver was never properly advised of the severe and hidden consequences of paying the ticket.
• The Goal: If the judge agrees that you weren’t properly notified, they can remove that conviction from your record. Once that one conviction is gone, you no longer have the three strikes required for an HTO designation, and the five-year suspension is lifted.

These are complex legal challenges, but I have been helping clients in Orange, Seminole, and Osceola County get their driving privileges restored since 1993. Don’t give up hope. Call my office, and let’s analyze your record. conviction and remove an HTO.

For more information on how to remove a 5 year HTO suspension, and to see if you qualify for removal, watch my video called: “Do I Qualify to Have My HTO Suspension Removed?”

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.