3 Strikes and You’re Out? How to Fight a 5-Year HTO License Suspension

By: John Guidry

Even though the DMV has suspended your license for 5 years as a Habitual Traffic Offender (HTO), there is still hope.

• The Rule: A 5-year suspension is the result of 3 “Strikes” (convictions) within a 5-year period.
• Qualifying Offenses: Any combination of DUI, Leaving the Scene of an Accident, or Driving While License Suspended (DWLS).
• The Catch: The DMV often counts a “Withhold of Adjudication” on a criminal DWLS charge as a conviction.

You have two options: Wait it out for a Hardship License, or fight to get your full license back now.

Did you pay a traffic ticket and lose your license for 5 years?

We can often undo that payment. Call John today at (407) 423-1117.

Option 1: The “Hardship” Route (The Slow Way)

Typically, a driver with an HTO suspension can apply for a Hardship License after serving one year of the suspension.

• The Conditions:
  1. You must not have driven or been caught driving during that first year.
  2. You must complete a 12-hour Advanced Driver Improvement (ADI) class.
• The Process: It is not automatic. You must attend a hearing at the Bureau of Administrative Reviews (BAR) and convince a hearing officer that you need to drive for work or business purposes.

Option 2: The “Overturn” Route (The Fast Way)

What if you don’t want to wait a year? What if you want your FULL license back immediately?

• The Strategy: We can get your license reinstated by removing one of the “Strikes” from your record.
• The Math: If you have 3 strikes, you are HTO. If we vacate one conviction, you only have 2 strikes. The HTO suspension vanishes.

How We Do It: We review your driving record to find the “weak link” among the three offenses. We are looking for:

1. Civil Infractions: Tickets you simply paid (like “Driving Suspended Without Knowledge”) without realizing it would count as a strike.
2. Uncounseled Pleas: Criminal pleas you entered without a lawyer and without a judge warning you that the plea could result in a 5-year suspension.

The Legal Attack: Some courts allow you to Withdraw Your Plea if you weren’t properly warned of the consequences.

• Target the First Offense: We usually attack the first or second DWLS charge. Why? Because you likely didn’t have a lawyer back then, and you probably just paid the fine to “get it over with.”
• The Result: Once the judge signs the order vacating that plea, I send it to the DMV. Poof! Your HTO status is removed, and your license is valid again.

John’s 2026 Update: AI Transcripts & Instant Reinstatement

Note: In the past, we argued about what was said in court. In 2026, the computer knows exactly what was said.

1. The “AI Transcript” Obstacle We used to argue, “Judge, I didn’t know this plea would suspend my license.”

• The 2026 Reality: Courts now use AI Speech-to-Text logs for all traffic hearings.
• The Prosecutor’s Move: Before the hearing, the prosecutor pulls the digital transcript from 3 years ago. If the AI log shows the Judge mumbled, “This plea may affect your license,” they use that to block our motion. We now have to find technical defects in the written plea form rather than relying on memory.

2. Real-Time Reinstatement In the old days, we had to mail a certified court order to Tallahassee and wait weeks.

• The Good News: In 2026, once the Judge signs the “Order Vacating Plea,” the Clerk of Court uploads it to the State Portal. The DMV’s system processes it instantly. You can literally walk out of the courtroom and drive home (legally).

3. The “Civil Traffic” Trap Many people trigger HTO by paying a civil ticket online.

• The 2026 Defense: We argue that clicking “Pay Now” on a smartphone is not a “knowing and intelligent waiver” of your rights, especially if the app didn’t flash a giant “HTO WARNING” in red letters. Judges are becoming more sympathetic to the idea that user-interface design shouldn’t cost you your license.

Don’t Accept the 5-Year Ban

A 5-year suspension is life-altering. But if we can knock out just one of those old tickets, you can get your freedom back.

Call me at (407) 423-1117. Let’s check your record.

About 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.