Traffic Violation Lawyer
A Habitual Traffic Offender is not a title one
strives to achieve but it’s also not
A Habitual Traffic Offender is not a title one strives to achieve but it’s also not entirely uncommon.
Often, people do not know they are subject to habitual traffic offender status until they receive a notification letter in the mail. Habitual Traffic Offender is defined in Florida Statute section 322.624. it states:
A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
- Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
- Any violation of Florida Statute Section 316.193 (Driving Under the Influence), former Florida Statute section 316.1931, or former Florida Statute section 860.01;
- Any felony in the commission of which a motor vehicle is used;
- Driving a motor vehicle while his or her license is suspended or revoked;
- Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
- Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statute section 322.27, including those offenses in subsection (1).
Any violation of any federal law, any law of another state or county, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.
People often unknowingly convict themselves for moving traffic offenses without realizing it. All too often, citizens simply pay the fine indicated on any citation they receive. What they don’t know is that paying the fine on a citation adjudicates you guilty and adds points to your license. It is a conviction.
According to Florida Statute 322.27, the following offenses can add points to your license:
- Reckless driving, willful and wanton – 4 points
- Leaving the scene of a crash resulting in property damage more than $50 – 6 points
- Unlawful speed resulting in a crash – 6 points
- Passing a stopped school bus – 6 points
- Unlawful Speed:
Not in excess of 15 miles per hour – 3 points
In excess of 15 miles per hour – 4 points
- A violation of a traffic control signal device – 4 points
- All other moving violations – 3 points. The lawyers at the Law Offices of Malcolm Anthony have extensive experience assisting clients remove habitual traffic offender status. If you or someone you know has been labeled a habitual traffic offender, contact our office.