Case Results: Lifting HTO Revocations

Many of our potential clients are interested in learning more about the recent results we have achieved for our clients. On this page, we have listed the case results for clients who suffered a five-year revocation of their driver’s license after being declared a habitual traffic offender.

The HTO revocation often occurs after three prior convictions for driving while license suspended. If you would like to view the case results you must read the disclaimer and acknowledge that you would like to see the results which will then be displayed on this page.

• Disclaimer: The Florida Bar does not approve or review the case results posted here. If you would like to learn more about our recent case results in habitual traffic offender cases, then consider the fact that:
  • The facts of your habitual traffic revocation under Florida law case may differ from the facts and circumstances of the cases we discuss here.
  • Not all results are provided.
  • The HTO case results discussed here are not necessarily representative of the results obtained in all cases.
  • Each case is different and must be evaluated and handled on its own merit.

Case results last updated on April 25, 2010.

April 8, 2010 – B.G. v. State – 003984 FQJ – Hillsborough County Traffic Court in Tampa granted motion to set aside a conviction that caused our client to be declared a habitual traffic offender under Florida law. The court then accepted a new plea and this time withheld adjudication so the case would not count toward a HTO revocation. Our client was able to get the HTO order lifted and obtain a valid driver’s license.

March 19, 2010 – R.R. v. State – Case Number 2005 TR 23878 and 2006TR 3078 – Judge in Bradenton, Manatee County, granted two motions to vacate prior convictions for driving while license suspended without knowledge which then allowed our client to lift the 5 year habitual traffic offender revocation so that he could obtain a valid driver’s license. The court also allowed our client to reenter the plea, this time receiving a withhold of adjudication on the civil infractions which does not count toward a habitual traffic offender revocation.

February 1, 2010 – A.S. v. State of Florida – 2009 CT 012037 – We filed a Motion to Withdraw Plea. The State ultimately agreed that our client had been misadvised by his privately retained attorney about the consequence his plea to driving while license suspended with knowledge (a criminal misdemeanor offense) would have on his driver’s license. After client entered the plea he learned he was declared a habitual traffic offender. We were able to withdraw the plea and then convince the prosecutor to reduce the charge to “no valid” driver’s license which would not cause another HTO revocation.

December 31, 2009 – Citation 6341SNX – Jefferson County Traffic Court, Monticello, FL. The court granted our motion to vacate or set aside a prior conviction which caused our client to be declared a habitual traffic offender. The court then accepted a new plea, ordered our client to take an 8 hour driver improvement class and agreed to withhold adjudication which allowed our client to obtain a valid Florida driver’s license.

October 8, 2009 – State v. P.M., Case No. 2009-TR-23140 – Judge for Brevard County, FL, granted motion to vacate the conviction for a Vero Beach man who was designated a habitual traffic offender because of an offense for DWLSRC without knowledge, which will result in the HTO revocation being immediately lifted.

June 10, 2009 – State v. J.V. – Habitual traffic offender revocation lifted for a client from Venice, Florida, after a court in North County Traffic Court Sarasota County grants a motion to vacate judgment and sentence for charge of driving while license suspended or revoked without knowledge.

May 20, 2009 – State v. J.T., Case Number 2007-CT-000786, Bradenton, Manatee County, Florida, Judge Robery A. Farrance, County Judge, granted the Motion to Vacate and Set Aside the Judgement and Sentence for the criminal offense of Driving While License Suspended or Revoked after an evidentiary motion hearing. The man’s license had been revoked as a HTO for almost two years before he retained the firm. We were able to file the Rule 3.850 motion just a few days before the 2 year deadline passed. The State Attorney’s Office refused to consent to the motion so a hearing was conducted. The issue in the case was whether the man’s plea was involuntary when he did not know the plea would cause a five year suspension, and he did not understand the other rights he was giving up by entering the plea. The Manatee County Judge granted the motion on May 20, 2009. The man’s driver’s license became valid a few days later when the DMV lifted the HTO revocation. On June 9th, 2009, the State filed a “nolle prosequi” which dropped the charge of DWLSR for the 2007 underlying offense. The man did not have to enter a plea to any offense because the charge was completely dropped.

May 7, 2009 – State v. L.A. – Motion to vacate DWLS without knowledge granted in Tampa, Hillsborough County, FL, which will cause the habitual traffic offender status to be removed.

May 7, 2009 – State v. C.H. – Habitual traffic offender’s Motion to vacate DWLS without knowledge granted in Tampa, Hillsborough County, Florida, which will cause the client’s driver license to become valid after the habitual traffic offender revocation is removed.

May 4, 2009 – State v. M.G. – Motion to set aside and vacate plea and conviction granted in Pinellas County, Clearwater, Florida, for 2326GDJ, which caused the DMV to remove the Florida habitual traffic offender revocation causing the driver’s license to become valid.

April 28, 2009 – State v. S.R. – Motion granted to vacate the conviction for driving while license suspended in Tampa, Hillsborough County, FL, for citation number 3422GCQ, which will cause the Department of Highway Safety and Motor Vehicles in Tallahassee to lift the Florida habitual traffic offender suspension.

April 24, 2009 – State v. A.L. – Motion to vacate the conviction for DWLS unknowingly in Citation 7828CXF, granted in County Court for Hernando County in Brooksville, FL, thereby causing the Florida habitual traffic offender revocation to be removed.

April 8, 2009 – State v. W. H. – County Court Judge in New Port Richey, Pasco County, FL,  granted client’s motion to vacate and set aside conviction for citation 8-0238GAF which prevented the Florida habitual traffic offender suspension from going into effect on April 13, 2009.

April 6, 2009 – State v. D.V. – Motion to vacate the conviction for driving while license suspended granted in Okaloosa County, FL, which allowed the client to reverse five year Florida habitual traffic offender suspension imposed by the Florida DMV.

April 6, 2009 – State v. J.S. – County Court Judge in Hillsborough County in Tampa, FL, granted client’s motion to vacate two separate DWLS with knowledge cases, both first degree misdemeanors, in 5792FGL and 9913GEX which has removed the Florida habitual traffic offender revocation.

April 2, 2009 – State. v. A.G. – Motion to vacate driving while license suspended case granted in Starke, Bradford County, Florida, citation 8831GET, which lifted client’s 30 days suspension for excessive points.

March 23, 2009 – State v. A.S. – Motion to vacate citation 08000131FNR granted in Clearwater, Pinellas County, thereby saving client from a 90 day suspension of her driver’s license for excessive points.

Feburary 24, 2009 – State v. G.B. – Motion to vacate or set aside conviction for driving while license suspended without knowledge, a civil citation 9334FYP, was granted at theTraffic Court Division, Floriland Business Center, in Tampa, Florida. Our client was able to reverse the fact his driver license was revoked as a Florida habitual traffic offender (HTO).

February 9, 2009 – State v. M.G. – Motion to vacate the conviction for DWLSR with knowledge, a misdemeanor offense, citation number 9445EVY, granted by the Honorable James V. Dominguez, County Court Judge in Hillsborough County, FL. Our client was subsequently able to remove the Habitual Traffic Offender (HTO) status and reinstate her driver’s license.

January 28, 2009 – State v. S.J. – Motion to set aside conviction for driving while license suspended with knowledge, a misdemeanor offense, citation number 2616ZFYR, was granted in Hillsborough County by the Honorable Elizabeth G. Rice. Our client was able to get her driver’s license back after the HTO revocation was lifted by the DMV.

Recent case results dismissing all charges for through motions to dismiss and motions to suppress

December 1, 2009 – The State Attorney’s Office in Hillsborough County dropped all charges in case number CT-001621-FWX for driving while license suspended as a habitual traffic offender (ultimately charged as a misdemeanor) before Judge Lawrence Lefler. The charges were dropped on the day of a hearing on a motion to suppress. In the motion to suppress we showed that the officer did not have a good reason for stopping the vehicle just because of a complaint from a concerned citizen about a suspicious vehicle parked in front of a vacant home. A few months prior to the hearing we were able to vacate one of the underlying offenses that caused the Habitual Traffic Offender status. On the day of the hearing, the client had his full driving privileges and a valid driver’s license. The fact that this charge was dismissed entirely allowed the client to avoid another five year HTO revocation.

November 12, 2009 – Judge in Hillsborough County, FL, granted our motion to dismiss charges in 8835-SPO, for driving while license suspended with knowledge, a second degree misdemeanor under rule 3.190(c)(4) because the undisputed facts did not provide the prosecutor with sufficient evidence to show that our client had “knowledge” that her driver’s license was suspended or revoked. In that case, she did not make any statements that she knew, a ticket for an unpaid Florida citation and the fact that her license had been suspended three times in another state was insufficient as a matter of law. The case was dismissed completely.

This website may contain testimonials from past clients or information about specific results obtained for other clients in the past. Not all results are provided, and the results are not necessarily representative of the results obtained in all cases. Past results are not necessarily an indication of a future result for any prospective client because the individual facts and circumstances may differ from those cases mentioned herein.