HTO Status Removed: How We Got a Client's License Back

The Situation

What Is HTO and Why It's Not Always Permanent

• HTO requires 3+ qualifying offenses within 5 years (F.S. 322.264)
• DWLS convictions are qualifying offenses
• Standard approach: wait 12 months, petition for hardship
• BUT: HTO is only as solid as the convictions supporting it
• Remove one conviction → only 2 qualifying offenses → no more HTO

The Strategy - Challenge the Underlying Conviction

• Client didn't have attorney on original DWLS cases
• We reviewed the case files for all three convictions
• Identified opportunity to challenge one conviction
• Had client complete a driving improvement course
• Filed motion asking judge to reconsider the conviction
• Judge granted the motion → conviction vacated

The Outcome - HTO Gone in Weeks

• One DWLS conviction vacated
• Only 2 qualifying offenses remaining
• No longer meets HTO threshold under F.S. 322.264
• Filed paperwork with DHSMV
• HTO designation removed
• Client eligible for full license reinstatement (not just hardship)

Important Warning - Don't Drive During Suspension

• While fighting HTO, you may be tempted to drive
• Getting caught driving during suspension creates serious complications
• New DWLS/DWLSR charge makes everything harder
• If you're in the 12-month "hard suspension" period for HTO hardship, driving can destroy your petition
• DHSMV hearing officers have discretion - a violation during suspension gives them reason to deny
• The short-term convenience isn't worth the long-term consequences

Is This Strategy Right for Your HTO Case?

• Works best when underlying convictions have issues:

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