Criminal Defense
Since 1993
Since 1993
Can My 5-Year HTO Suspension Be Removed? An Orlando Attorney Explains
If you’re facing a five-year Habitual Traffic Offender (HTO) license suspension, the first question on your mind is, “Can this be fixed?” The answer is often yes, but not everyone qualifies. Your eligibility depends entirely on the specific convictions on your driving record that led to your HTO status.
Before we can even begin to help, there is one question we must answer.
Facing a 5-Year License Suspension in Orlando? The key to getting your license back is hidden in your driving record. Let’s analyze it together for free to see if you qualify to have the suspension removed. Call John Guidry: (407) 423-1117
The Key to Removing Your HTO: Analyzing Your “Three Strikes”
A five-year HTO suspension is triggered by three specific driving convictions within a five-year period. In 99% of cases, those three offenses are for “Driving While License Suspended” (DWLS).
However, just knowing you have three DWLS convictions isn’t enough. We must know exactly what kind of DWLS charges they were, because there is a crucial difference.
DWLS “With Knowledge” (The Criminal Charge) This is a crime. It means the State accused you of getting behind the wheel when you knew your license was suspended. These criminal convictions are more difficult (though not always impossible) to go back and challenge after the fact.
DWLS “Without Knowledge” (The “Golden Ticket”) This is the one we are looking for. This is your golden ticket to getting your license back. A DWLS “Without Knowledge” is not a crime; it is a civil traffic infraction, just like a speeding ticket.
Here’s why that’s so important: People often receive these civil citations in the mail or during a traffic stop and simply pay them online without realizing the consequences. Because these were not criminal cases and were often handled without a lawyer, it is frequently much easier for us to go back to court, sometimes years later, and file a motion to set aside that old civil ticket on procedural grounds.
If we can successfully remove just one of those three underlying convictions from your record, the entire five-year HTO suspension is invalidated by the DMV, and you can get your license back.
That is the first hurdle. The first step in this entire process is to get a copy of your full, lifetime driving record and have an experienced attorney review it to see if one of your three “strikes” is the “golden ticket” civil infraction we can attack. If your case is in Orange, Seminole, or Osceola County, call my office. Let’s start the analysis today.
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.