351) How do I Fight a Habitual Traffic Offender / HTO charge in FL? ~ #HaberPA Miami Criminal Lawyer
Channel: Michael Haber
Date: 2020-04-04

Thanks for asking me “How do I Fight a Habitual Traffic Offender / HTO charge in FL?”

The first thing that you have to do is determine your venue.  Theoretically, before you are formally designated as an HTO, FL-DMV is supposed to give you 30 days notice in writing.  If you receive this notice then you can file for an administrative hearing to challenge your driving record, to demonstrate a legal basis as to why your revocation isn’t valid and to seek to avoid the designation all together.

Unfortunately theory and practice don’t always align, and so many times the letter is sent to an old or a bad address, other times it can get lost in the mail and, believe it or not, there are times where the disconnect between the court system and DMV is so attenuated that you might not receive the notice until years after the suspension should have gone into effect.

In any of these predictable situations you could easily find yourself being handcuffed and booked into the jail on a felony HTO charge when you were simply stopped for a basic traffic infraction like speeding or having a broken tail light and you truly had no idea that you were a HTO.  If this happens then your venue is gonna be Circuit Criminal Court, where you face a 3rd degree felony punishable by 5 years in state prison, 5 years probation, a $5,000.00 fine and a permanent felony conviction.

Lack of knowledge is not a defense in court but there may be things that a skilled and experienced lawyer can do to mitigate the case, such as either seeking to get a prior conviction or 2 set-aside or broken down to a lesser charge (such as No Valid DL). That said..

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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