28.11(a) DRIVING WHILE DESIGNATED AS A HABITUAL TRAFFIC OFFENDER
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 28.11(a)
- Statute
- § 322.34(5), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Driving While Designated as a Habitual Traffic Offender, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) drove a motor vehicle upon a highway in this state.
2. At the time, [he] [she] was designated as a habitual traffic offender.
Lesser-included offenses
As the instruction lists them, word for word.
DRIVING WHILE DESIGNATED AS A HABITUAL TRAFFIC OFFENDER — 322.34(5)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| No Valid Driver’s License | 322.03 | 28.9 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Habitual Traffic Offender (HTO) Charges in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.