Habitual Traffic Offender (HTO) Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Who Is a Habitual Traffic Offender

Under Fla. Stat. § 322.264, DHSMV designates you a habitual traffic offender when your record shows, within a 5-year period, either:

• Three or more convictions, from separate acts, for any of these: manslaughter from operating a motor vehicle; DUI; a felony in which a motor vehicle was used; driving while suspended or revoked; failing to stop and render aid after a crash with death or injury; driving a commercial vehicle while disqualified; or (since July 1, 2026, under a law called "Isaiah's Law") driving without a valid license under § 322.03; or
• Fifteen convictions for moving violations that carry points.

Similar out-of-state and federal convictions count. DHSMV then revokes the license, and the person is not eligible to be relicensed for at least 5 years, with limited exceptions.

What the State Must Prove

Florida Standard Jury Instruction (Criminal) 28.11(a) lists two elements: you drove a motor vehicle on a highway in Florida, and at the time you were designated a habitual traffic offender. The instruction does not list knowledge as an element. Read the official text on our 28.11(a) Elements page.

Penalties

• Driving while designated an HTO (§ 322.34(5)): third-degree felony, up to 5 years in prison and a $5,000 fine.
• Exception for money-related designations: if your HTO status rests on suspended-license convictions, the suspensions were for unpaid child support, other financial obligations, unpaid civil traffic penalties or no insurance, and you have no prior forcible felony, the law sets lower penalties: a second-degree misdemeanor for a first conviction and a first-degree misdemeanor after that.

Common Situations in Miami

• Three suspended-license tickets, paid by mail, that added up to HTO status.
• A designation letter mailed to an old address.

How We Defend HTO Charges

• Is the designation valid? We pull the driving record and check each conviction: the dates, whether they fall in the 5-year window, and whether they arose from separate acts.
• Why were you suspended? If the HTO status rests on money-related suspensions, the felony may not apply.
• Removing the designation. When a revocation came from a third driving-while-suspended violation and you prove compliance for certain listed offenses, the law directs the clerk to submit an amended disposition to remove the HTO designation.
• Driving and identity. Were you the driver, and was it a "highway"?
• The stop. See Motions to Suppress.

Getting Back on the Road

After 12 months of an HTO revocation, you may petition DHSMV for a hardship license limited to business or employment purposes. DHSMV investigates and holds a hearing. If you get one and break its conditions, it is revoked for the rest of the 5 years.

What to Do First

1. Do not drive. Every new stop is a new felony charge.
2. Get your full driving record and every court disposition.
3. Call us before court.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

How do I know if I'm a habitual traffic offender?

Your driving record shows it. We can review it with you.

Can I get a hardship license?

You may petition DHSMV after 12 months of the revocation for a license limited to business or employment purposes. It is not automatic.

Does the new 2026 law affect me?

Since July 1, 2026, driving without a valid license is on the list of HTO offenses. How it applies to older convictions is a question for your lawyer. See No Valid Driver's License.