Tampa Habitual Traffic Offender Defense – Old Convictions

Florida HTO Defense: Can Old Tickets Without a Lawyer Suspend Your License?

If Florida has labeled you a Habitual Traffic Offender (HTO), you face a five-year license revocation. Many drivers wonder if old traffic tickets, especially those from cases where they had no lawyer, can still lead to this harsh penalty. A recent court ruling confirms they can. Read more from a Tampa habitual traffic offender defense firm.

This reality surprises many. You might think an old, uncounseled traffic ticket shouldn’t count. However, the law sees things differently. Understanding why is key to fighting for your driving privileges.

A Recent Court Case Confirms the Law

In a June 2025 decision, Nelson v. State, a Florida appeals court addressed this exact issue. The court upheld the conviction of Damien Nashaun Nelson for driving as a Habitual Traffic Offender.

Nelson tried to fight the charge. He argued that his HTO status was invalid. Why? Because it stemmed from old traffic pleas he entered without an attorney. He believed prior court cases, which limit how the government can use uncounseled convictions, should protect him.

The trial court disagreed and denied his motion. A jury later found him guilty.

Why Did the Court Rule Against Nelson?

The appeals court followed a key precedent, Patterson v. State. This case established that the HTO designation is an administrative action, not a direct criminal penalty.

Here’s what that means for you:

• The Florida Department of Highway Safety and Motor Vehicles (DHSMV) designates you an HTO based on your driving record.
• This is an administrative process, separate from your original traffic court cases.
• Once the DHSMV designates you an HTO, it becomes illegal to drive.

The court doesn’t focus on whether you had a lawyer for the old tickets. It focuses on whether you drove after the DHSMV suspended your license. The Nelson court affirmed that this long-standing rule remains the law in Florida.

What This Means for Florida Drivers

You cannot assume that a technicality, like not having a lawyer for a past ticket, will get your HTO case dismissed. The state’s focus is on the administrative suspension itself. This is why even minor, old traffic tickets can cause major problems for you today.

Charged as a Habitual Traffic Offender? Take Action Now.

An HTO designation can seriously affect your job, your family, and your freedom. If you have been charged with driving while designated an HTO, you need to act quickly. Hire a Tampa habitual traffic offender defense firm.

At The Brancato Law Firm, P.A., we don’t just look at the surface-level charge. We dig deeper, fighting the designations and administrative procedures behind them. Our founder, Rocky Brancato, is an AV-rated trial attorney with over 25 years of experience. He holds a perfect 10 rating on both Avvo and Justia and has helped thousands of clients navigate Florida’s tough driving laws.

If you or a family member faces an HTO charge in Tampa, Hillsborough, Pinellas, Polk, or the surrounding counties, call us. Your future is too important. Contact us today at 813-727-7159 to protect your rights and get back on the road.