Habitual Traffic Offenders and License Reinstatement

WE MAY BE ABLE TO HELP GET YOUR LICENSE BACK!

If your driver's license has been suspended for any reason--multiple DUI convictions, nonpayment of child support, or designation as a habitual traffic offender under Florida law--contact the Jacksonville driver's license reinstatement attorneys at the Law Offices of Ronald E. Sholes for a free consultation.  We represent indivuals facing License Suspensions throughout the Jacksonville Area, as well as St. Augustine, Fernandina, Orange Park, Midleburg, Starke, Macclenney, and Gainesville, including all other cities located in Duval County, Nassau County, St. Johns County, Bradford County, Baker County, Alachua County, and Clay County, Florida.

there are several ways to get a driver's license suspended under Florida law:

• URGENT - 10 DAY DUI DEADLINE: Refusal to submit to a breath, blood or urine test when requested to do so by law enforcement
• URGENT - 10 DAY DUI DEADLINE: Having an Unlawful breath or Blood test result 
• URGENT - 10 DAY DUI DEADLINE: Any conviction for drunk driving 
• HTO POINTS - Accumulating and exceeding the allowed points for moving violations or other traffic offenses within 12 TO 36 months
• HTO DWLS/R- Habitual traffic offender designation, based upon three convictions within five (5) years of either DUI or driving while suspended
• Failure to pay child support
• Out-of-state traffic tickets counting against your Florida violations points
• Any moving violation resulting in injury or death
• Conviction for any drug crime 
• Failure to complete court-ordered driving school

If your driver's license has been suspended for any of these reasons, we may be able to help!  

HABITUAL TRAFFIC OFFENDERS or HTO 

the most serious of these cases involve designation as a habitual traffic offender (HTO), which results in a five-year revocation of your driver's license.  In these cases, we attack the validity of the prior convictions, even when based on guilty pleas.  there are basically two types of HTO's and they are (1) due to points on yor license (various suspension periods) and (2) due to a combination of DWLS/R and DUI (resulting in a five year suspension).  

COMBINATION OF 3 DWLS/R AND/OR DUI CONVICTIONS WITHIN A 5 YEAR PERIOD

Did you know that even a civil DWLS/R citation whereby you were only cited for driving without knowing your license was suspended -- still counts against you for HTO purposes! In cases involving charges of driving while suspended, we focus on the prosecution's burden to prove the element of the defendant's knowledge--if the DWLS/R was criminal in nature (knowingly driving while license suspended); or, the client's lack of knowledge that a suspension would result - if it was Civil DWLS/R (unknowingly driving while license was suspended). It is not difficult for a Florida driver to be unaware of a driver's license suspension if they moved from the DMV's last known address and they forgot to update their license, or if someone else was retrieving their mail, or if they simply did not read the DMV's notice when it was sent in the mail - it does happen and it is your attorney's job to make the argument if that is the case!  In some cases, our lawyers can negotiate one of the convictions for driving while suspended down to driving without a valid license, a lesser offense which is sufficient to avoid the HTO designation; or, in the case of a civil citation (unknowingly), possibly get the court to set aside the ticket and/or withhold adjudication so that it does not count against you for HTO purposes! 

For more information about our approach to driver's license reinstatement cases, contact a knowledgeable attorney at the Law Offices of Ronald E. Sholes.

TOO MANY POINTS ON YOUR LICENSE 

In cases where the point total have resulted in a suspension, we file appropriate Motions and Petitions with the Court and argue why the case should be reopened and points not assessed.  Oftentimes, this simply comes down to strong mitigation (your reasonings for needing a license), what you have learned from this ordeal, whether or not you've continued to drive on a suspended license, and several other things which our attorneys will put forth in your defense!   In some cases, our lawyers can negotiate one of the convictions for driving while suspended down to driving without a valid license, a lesser offense which is sufficient to avoid the HTO designation.

For more information about our approach to driver's license reinstatement cases, contact a knowledgeable attorney at the Law Offices of Ronald E. Sholes.

Refusal to Submit to testing or having unlawful test results

You have 10 days from the date of your arrest (or notice if a blood draw case) to contest your license suspension.  As your attorneys, we will file all the appropriate paperwork and deman a Formal Review Hearing regarding the legality of your suspension.  In the meantime, and if your license is otherwise valid, the DMV will issue a temporary driving permit for approximately six (6) weeks to continue driving while your case is under review.  If we are successful at the hearing then your driving privileges will be reinstated!

Failure to Pay Child Support

We may be able to help get your license back, but it may take a "purge" to do so! This is where you have to pay some monies towards your child support arrearage before obtaining your license back.  But, sometimes, depending on the circumstances, we may be able to help you obtain your license back without paying a purge. 

For more information about our approach to driver's license reinstatement cases, contact a knowledgeable attorney at the Law Offices of Ronald E. Sholes.