If you've received a notice that you're being labeled a habitual traffic offender (HTO) or habitual traffic violator (HTV), it's crucial to take this seriously. This isn't just another ticket; it's a classification that carries severe consequences for your driving privileges and even your freedom.
At Stracci Law Group, our NWI habitual traffic violations lawyers understand the complexities of traffic law and the unique challenges faced by those designated as HTV. In this blog post, we'll break down what it means to be an HTV, the potential penalties you face, and the steps you can take to protect your rights and your license.
Habitual traffic violators are drivers who have demonstrated a pattern of unsafe driving behavior through repeated traffic offenses over a specific period. The criteria for being labeled an HTV typically involve accumulating a certain number of major or minor violations within a set timeframe (often 5 to 10 years).
Under Indiana law, there are a few ways you can be classified as a habitual traffic violator:
If, within a 10-year period, you accumulate two judgments for major traffic offenses that resulted in injury or death, you will be labeled an HTV.
These offenses include:
Your lawyer can help you understand your situation and the potential long-term effects of your HTV status.
If, within a 10-year period, you accumulate three judgments for major traffic offenses, regardless of whether they resulted in injury or death, you will be labeled an HTV.
These offenses include:
Other major offenses can include criminal recklessness as a felony offense involving the operation of a motor vehicle, drag racing, or any major offense resulting in injury or death listed above.
An HTV under this section is subject to a five-year license suspension if they have been convicted of a major offense or major offense resulting in death, combined with 10 or more traffic violations in a 10-year period. For example, a person with 9 speeding tickets and accused of reckless driving would face a five-year HTV license suspension.
Being classified as an HTV in Indiana carries severe penalties:
Five years is the minimum suspension period for HTV status, typically resulting from a combination of 10 or more traffic violations and a major traffic offense conviction in a ten-year period. Ten years is a more severe suspension, usually given for accumulating three major offenses within a 10-year period.
The most severe penalty, a 10-year license suspension, can be imposed for two OWI offenses resulting in two fatal accidents within a 10-year period.
If you are caught driving with an HTV suspension, you will face additional consequences:
Driving while suspended while HTV can earn you a level 6 felony charge and possible conviction. This carries a sentence of 6 months to 2.5 years in prison and a fine of up to $10,000. Your license may also be suspended for up to 10 years.
It is crucial to understand that the penalties for HTV status in Indiana are severe and can have lasting consequences.
If you are facing the possibility of being labeled an HTV, it's important to consult with an experienced Northwest Indiana traffic attorney immediately. An attorney can help you understand your options, potentially challenge the HTV designation, and work to minimize the impact on your life.
In some cases, it may be possible to have your HTV status removed or modified after a certain period of time. However, this is a complex process, and legal guidance is highly recommended.
The BMV regularly reviews driving records and identifies drivers who may meet the criteria for HTV designation. If the BMV determines that a driver qualifies as an HTV, they will send a notification letter informing the driver of the suspension.
Drivers have the right to appeal the HTV designation within a specific timeframe. An experienced traffic attorney can help you with the appeal process.
Driving on an HTV suspension in Indiana is a serious offense with significant consequences:
Even if you eventually regain your license, being convicted of driving on an HTV suspension will likely lead to substantially higher insurance premiums. You may also have difficulty finding employment, as some employers may be reluctant to hire individuals with a criminal record for driving on an HTV suspension.
As a habitual traffic violator in Indiana, you are generally not allowed to drive for any reason, including commuting to work. The HTV suspension is intended to remove unsafe drivers from the road due to their repeated traffic violations.
However, there are a few limited situations where you might be able to legally drive to work:
You can petition the court for SDP, which would grant limited driving privileges for specific purposes, such as commuting to and from work. The court will consider factors like the nature of your job, the availability of alternative transportation, and your driving record before granting SDP.
If the State agrees to a sentence modification and you have maintained a clean driving record for a specific period and met other requirements, it might be possible to modify or remove your HTV status, potentially restoring your full driving privileges.
Whether you can legally drive a moped or scooter as a habitual traffic violator in Indiana depends on the specifics of your situation and the type of vehicle:
You can legally drive mopeds and scooters that are 50cc or less. In Indiana, these are classified as Class B motor-driven cycles (MDCs) and don't require a regular driver's license. You'll need a valid, state-issued ID card with a motorcycle endorsement (Class B). You must also register the moped or scooter with the BMV and have license plates.
You cannot legally drive larger scooters (over 50cc) or motorcycles. These vehicles require a motorcycle license, which you cannot obtain with an HTV designation.
Facing the label of a habitual traffic violator in Indiana is a daunting prospect, but it doesn't have to be the end of the road. With the right legal counsel, you can explore your options for specialized driving privileges, hardship licenses, or even the potential removal of your HTV status in the future.
If you or someone you know is facing HTV charges in Indiana, don't hesitate to contact Stracci Law Group today. We offer consultations to discuss your case and provide personalized legal advice tailored to your specific situation. Your future is worth fighting for. Let us be your advocates on the road to regaining your driving freedom.
