Habitual Traffic Violator
What laws apply when someone is found to be a Habitual Traffic Violator (HTV) Laws In the State of Indiana?
Call Attorney Ed Fontanez TODAY your criminal defense lawyer near you. Attorney Fontanez represents clients throughout Northwest Indiana in Lake and Porter County if you have been determined to be a Habitual Traffic Violator (HTV).
A HTV suspension are usually for five (5) or ten (10) years, but you should contact Attorney Ed Fontanez your best criminal defense lawyer near you to evaluate your status as being HTV.
Five (5) Year Habitual Traffic Violator Suspension
If a driver is convicted of one major offense and nine minor traffic violations in a ten (10) year period, the BMV will label that person a habitual traffic violator for five (5) years, resulting in a five year license suspension. A major conviction includes offenses such as operating without ever having received a license, reckless driving, DUI or operating while intoxicated convictions, failure to stop after an accident, drag racing or engaging in a speed contest, or driving while license suspended (in limited circumstances), among others. Minor offenses include any traffic citation involving the operation of a vehicle, such as driving while license suspended, speeding, running a red light and any other common traffic citation. See I.C. 9-30-10-4(c).
Ten Year Habitual Traffic Violator Suspension
If a driver is convicted of three major traffic offenses in a ten (10) year period, the BMV will label that person a habitual traffic violator for ten (10) years, resulting in a ten year license suspension. A major offense for this section includes any felony in which the operation of a vehicle is an element of the crime, criminal recklessness as a felony involving a vehicle, reckless driving, operating while intoxicated, failure to stop after an accident causing death or injury, OVWI causing death, drag racing or engaging in a speed contest, along with others. See I.C. 9-30-10-4(b).
Lifetime Habitual Traffic Violator Suspension
If a driver is convicted of two serious traffic offenses in a ten (10) year period, the BMV will label that person a habitual traffic violator for life. A serious offense for this section includes reckless homicide involving the operation of a vehicle, manslaughter involving the operation of a vehicle and operating while intoxicated causing death, among others. A suspension under this section is indefinite. See I.C. 9-30-10-4(c).
My License is Suspended as a Habitual Traffic Violator – Now What?
Every time you are convicted of a traffic offense, either a major conviction like DUI or OVWI or a minor speeding ticket, the conviction is certified to the BMV and placed on your driving record. Once the BMV receives notice of the last qualifying conviction, the BMV will create a pending license suspension thirty days out and mail notice to the driver.
If you receive notice of a pending habitual traffic violator suspension, you must act quickly. Attorney Ed Fontanez can review the records to verify each conviction and make sure the records are correct. If there is an error, you can request an administrative hearing with the BMV to contest the HTV suspension.
If the HTV suspension is valid and the conviction records are accurate, you may be eligible to apply for Specialized Driving Privileges, which stops the suspension and allows you to drive to and from work, school, church, childcare for your kids, and any other location that the court allows.
If you were arrest / caught Driving as a Habitual Traffic Violator? What Happens Now?
If your driver’s license is suspended as a habitual traffic violator, you may not drive. If you are caught driving while you are a habitual traffic violator, you may be charged with a criminal offense for Operating While a Habitual Traffic Violator. (See I.C. 9-30-10-16 and 9-30-10-17).Operating while HTV is a Level 6 Felony, unless you were suspended for life, then it can be filed as a Level 5 felony. If convicted, your driver’s license can be suspended for an additional period by the court, on top of any other pending license suspensions. Additionally, since it is a felony, you may also be facing jail, community corrections, probation and fines and costs.
Attorney Ed Fontanez – a Former Deputy Prosecutor & a Former Judge on your side!!!
Attorney Ed Fontanez can provide competent, professional advice and help guide you through the BMV process or criminal justice system. As a former Lake County deputy prosecutor, he has handled misdemeanor and felony cases and was also assigned to the traffic court for a period of time, giving him over 20 years of experience that he can use on your case. CALL OR TEXT ATTORNEY ED FONTANEZ TODAY TO GET YOU BACK ON THE ROAD WITHOUGH HAVING TO LOOK OVER YOUR SHOULDER.
Attorney Ed Fontanez represents clients throughout Northwest Indiana, including Lake County, Porter County, Tippecanoe County, Newton County, St. Joseph County.
CALL OR TEXT TODAY FOR A CONSULATION WITH ATTORNEY ED FONTANEZ