Habitual Traffic Offender
– by Tampa Criminal Defense Attorney Daniel J. Fernandez
Section 322.264, Florida Statutes, defines a “habitual traffic offender” as any person whose record, as maintained by the DMV, 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 for:
(a) Voluntary or involuntary manslaughter;
(c) Any felony in which a motor vehicle is used;
(d) Driving while license is suspended or revoked;
(e) Failing to stop and render aid; or
(f) Driving a commercial motor vehicle while privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed, including those offenses in subsection (1).
A driver who has been adjudicated a habitual traffic offender may fact jail time and a license suspension of up to five years. A driver caught driving after being adjudicated a habitual traffic offender may be convicted of a third degree felony with a maximus prison sentence of five years and a fine of up to $5,000.
A competent criminal defense lawyer may file a motion to vacate and set aside a prior judgment of conviction. A habitual traffic offender has up two years after his or her license is revoked to file this motion.
A driver adjudicated a habitual traffic offender may be eligible to receive a hardship license to drive to and from work. The driver will not be eligible to receive a hardship license for the first year after your license has been revoked.
Why Contact a “Habitual Traffic Offender” Criminal Defense Lawyer?
One of the biggest benefits associated with hiring a qualified lawyer is that you increase your chances of getting the relief you deserve. A skilled and experienced attorney will be able to research the law and the facts and determine the best course of action in your case.
Good attorneys have the knowledge, experience and resources necessary to obtain the best possible outcome. You will need to hire an experienced lawyer as soon as possible. Why? Because experience counts.
If you or a loved one have been charged with being a habitual traffic offender you or your loved one may be facing jail time and a five-year license suspension. Not every attorney has the qualifications and experience to handle a habitual traffic offender case. You need a qualified and experienced defense lawyer to fight for your rights.
Why Fernandez & Hernandez?
The experienced Tampa criminal defense attorneys at Fernandez & Hernandez aggressively represent clients who have been arrested in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota County, Pasco County, Hernando County, and throughout the State of Florida.
The law and rules are highly complex. It is important to act quickly and secure legal representation. The attorneys at Fernandez and Hernandez have experience in habitual traffic offender situations and will work vigorously to protect your rights, and in many cases, may be able to prevent incarceration and license suspension. Our attorneys welcome the opportunity to interview with you. Attorneys Daniel Fernandez and Martin Hernandez are bilingual as well.
Call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813 229 5353.
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