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An Outline of Habitual Traffic Offender Laws

April 13th, 2022

A number of states currently have Habitual Traffic Offender legislation. Once you attain the status of Habitual Traffic Offender, your right to drive will probably be terminated for at least five years. Habitual traffic offender (HTO) status might be put on a motorist upon 3 arrests for certain types of severe traffic crimes, or 15 driving infractions by which points were built up on the driving record during a five-year time period. (This amount of allowed offenses can vary between state governments, so you should remember to check out local laws.)

Serious traffic offenses can consist of driving a commercial vehicle even when your license was revoked; any DUI-related conviction, or any felony using a car. Other types include voluntary or involuntary vehicular manslaughter, and neglecting to stop and help at a car crash that resulted in deaths or severe damages. Concerning moving violations, they are as you may expect: exceeding the speed limit, running a red light, disobeying traffic lights and reckless maneuvering could all get you into trouble. Passing a pulled over school bus, although seemingly minor, may have drawbacks, as will leaving the area of an collision in which one was involved.

If you’ve been described as a habitual traffic offender on account of DUI-related crimes, you must fulfill additional steps to have your license restored ahead of time. Those who’re caught getting behind the wheel while their license was revoked under the habitual offender regulations might be charged with a third degree crime, which carries a penalty as much as five years prison time or a $5,000 fine.

A habitual offender will be sent notice that his or her license has been suspended. If you end up with this notice, you have the right to fight your designation as a habitual offender and give reasons supporting why your license shouldn’t be suspended. You in addition have the right to request to have your license renewed early, but only once one year has gone by. Should the Department permits your application, the renewal would be for employment and/or business purposes only. For this to take place, you need to be able to express how the revocation has created a “serious hardship” on your capacity to provide financially for yourself and your loved ones. You won’t acquire a full, unhindered renewal of your license.

Moreover, your reinstatement will not come about automatically in the end of your revocation time period. You will need to petition the DMV to get your license reinstated. If you don’t initiate the request and are driving, you could end up up against a third-degree felony for driving during a habitual offender revocation period.