Amnesty for Habitual Traffic Offenders (HTOs)

House Bill 795 established an amnesty period for Habitual Traffic Offenders whose revocation results from a third driving while license suspended violation that occurred prior to July 1, 2010.  The amnesty period begins October 1, 2010 and ends June 30, 2011. 

The intent of the legislation was to allow these drivers to provide proof of compliance for the underlying sanction, which would result in the removal of the HTO status. 

If the client is eligible, DHSMV will provide a letter of clearance to the attorney.  This letter of clearance will state that the client has complied with all driver license reinstatement requirements except the requirements to reinstate the HTO revocation. 

If the original verdict by the judge was adjudication withheld, the driver will be instructed to present the letter of clearance to the clerk, who will then submit a supplemental disposition (Verdict D) through TCATS.  If the original verdict by the judge was guilty, the driver will be instructed that he or she may request a rehearing, at which time the judge may modify the verdict accordingly based on the letter of clearance.

The supplemental Verdict D should then trigger the removal of the HTO status and the department will so notify the attorney, who can notify the client.

Eric Matheny is a criminal defense attorney who represents clients in Miami-Dade and Broward charged with a variety of driving while license suspended charges.  Call today to discuss whether Attorney Eric Matheny can help you to take advantage of the HTO Amnesty program.