Melbourne, Florida Defense Lawyers in Brevard County

Think it was just a traffic citation? It's not always that simple!

You could lose your license for 5 years by receiving and paying only 3 non-criminal citations in a 5-year period.

We have been retained repeatedly by people who have been labeled habitual traffic offenders (H.T.O.) by doing just that. They also lost their right to drive for 5 years.

What does it take to become a habitual traffic offender?

People usually become habitual traffic offenders when they accumulate criminal traffic charges, like driving under the influence (DUI) and/or driving with a license suspended with knowledge (D.W.L.S.); what most people do not know is that one can also become a habitual traffic offender solely as a result of paying for 3 non-criminal traffic citations within 5 years. More accurately, if you accumulate 3 non-criminal citations for driving with a license suspended without knowledge within 5 years, and pay the clerk for these citations, you will lose your license for 5 years.

How do you avoid this very serious problem?

When you receive a non-criminal citation for driving with a suspended license WITHOUT knowledge, DO NOT PAY IT. If you can, take the class, and the clerk will withhold adjudication on your citation. It will then not count as "one of the three strikes."

If you already have taken the class, and it is not available to you anymore, get an attorney to request a hearing IN FRONT OF A JUDGE, and he will attempt to get the court to withhold the adjudication in your case.

What if it is too late: you are already labeled H.T.O. and you have lost your license?

Depending on the time that has lapsed since your adjudication, a good lawyer is sometimes able to file a motion, set a hearing, and to convince a judge to undo what was done, when you paid the fine and became adjudicated. A good outcome will result in avoiding the deadly "third strike."; The new order will be forwarded to the Department of Highway Safety and Motor Vehicle (D.H.S.M.V.) in Tallahassee which will then correct the record. You will thereafter recover your right to drive legally.

KEEP IN MIND, IT IS EASIER TO AVOID THE PROBLEM ALTOGETHER THAN TO ATTEMPT TO FIX IT LATER.

When it comes to regular citations which do not usually require a court appearance, if you retain the firm, we'll request a hearing IN FRONT OF A JUDGE, rather than a magistrate. We'll file a notice of appearance, and we'll appear in court for you. Almost always, we are able to either get the citation dismissed or the adjudication withheld (no points).