Habitual traffic offender, or HTO status, is when the South Carolina DMV “declares” a person to be a habitual traffic offender based on the number of convictions the person has for “major” or “minor” traffic offenses within three years.
In this article, we will cover the basics of South Carolina habitual traffic offender status and its consequences, including:
- The definition of a habitual traffic offender in South Carolina law,
- Appeals of HTO status,
- Early reinstatement of a “revoked” license, and
- The potential penalties for driving while your license is revoked in South Carolina.
Habitual Traffic Offender: What is it? What does it mean?
The definition of a habitual traffic offender in South Carolina law is found in SC Code § 56-1-1020 – it’s based on the number of traffic convictions a person has had within the past three years.
If a person qualifies, the DMV must revoke their license (SC Code § 56-1-1030) for five years (SC Code § 56-1-1090) unless they apply for and receive early reinstatement.
Major vs. Minor Traffic Violations
How many traffic convictions make a person a habitual traffic offender?
It could be three… or ten… depending on the seriousness of each traffic conviction.
Major Traffic Violations
You could be declared as a habitual traffic offender after only three convictions if the convictions are for serious traffic violations.
The “three-strikes” HTO status offenses include:
- Voluntary manslaughter, involuntary manslaughter, or reckless homicide that involves the operation of a motor vehicle,
- Operating – or attempting to operate – a motor vehicle while under the influence of alcohol or other drugs,
- Reckless driving or reckless operating,
- Most driving under suspension charges, and
- Any felony under the motor vehicle laws (felony DUI, for example) or any felony involving the use of a motor vehicle.
Minor Traffic Violations
You can also be declared a habitual traffic offender if you rack up ten or more convictions for less serious traffic violations within three years, including:
- Any traffic offense that carries four or more points, or
- Any offense considered a three-strikes offense under South Carolina habitual traffic offender laws.
Note that out-of-state convictions also count if they “substantially conform” to the offenses listed in South Carolina HTO laws.
Can I Fight Habitual Traffic Offender Status?
There are at least three ways you can fight habitual traffic offender status in South Carolina:
- If the DMV is wrong in their HTO determination, you can request a contested case hearing and file any necessary appeals.
- If you meet the requirements found in South Carolina’s habitual traffic offender laws, you can petition the DMV for early reinstatement of your license.
- If you are charged with driving under suspension or driving while under HTO status, you can fight the charges and attempt to prevent any further, consecutive, license suspensions or revocations.
DMV Appeals
In SCDMV v. Dover, the South Carolina DMV declared Dover a habitual traffic offender because he had a conviction for reckless driving in another state.
Dover requested a contested case hearing and proved that, although reckless driving in South Carolina was a qualifying conviction, the definition of the “reckless driving” offense in the other state more closely “conformed to” speeding under South Carolina law and not reckless driving.
When the result was appealed to the South Carolina Court of Appeals, the Court of Appeals agreed that his license could not be revoked based on the out-of-state conviction.
Be like Dover – if the DMV is wrong, and you are not a habitual traffic offender, immediately contact a South Carolina driver’s license attorney to help you request a contested case hearing and fight the HTO designation.
Early License Reinstatement
Under SC Code § 56-1-1090, you can also get early license reinstatement after two years if the following conditions are met:
- This was your first HTO status suspension in any state,
- You have not driven a vehicle during the two years,
- You have not been convicted for any alcohol or drug violations or have charges pending during the suspension period, and
- You don’t have any other unserved license suspensions.
If you are a habitual traffic offender, and you believe you will qualify for early reinstatement, contact a South Carolina driver’s license attorney before the two years have run so we can do the legwork and prepare your case to present to a South Carolina DMV hearing officer.
Driving Under Suspension While a Habitual Traffic Offender
SC Code § 56-5-1100 and SC Code § 56-5-1105(B) contain the potential penalties for a person who is convicted of driving while they are under HTO status:
- A felony that carries up to five years in prison if there are no injuries,
- A felony that carries up to ten years in prison if great bodily injury results, or
- A felony that carries up to 20 years in prison if death results.
Driver’s license suspensions can lead to repeated incarceration and extended loss of your driving privileges.
Don’t drive if your license is suspended, and always fight criminal charges for driving under suspension.
Whether you are charged with driving under suspension for the first time or driving while your license is revoked due to HTO status, get an experienced criminal defense attorney on your side and fight the charges.
Questions About Habitual Traffic Offender Status in South Carolina?
If you have been declared a habitual traffic offender or charged with driving under suspension in South Carolina, contact an experienced criminal defense lawyer who can help you fight the HTO designation if the DMV made a mistake, get early reinstatement after two years, or fight your driving under suspension charges.
Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.
Ready To Speak With An Attorney?
Let’s discuss the details of your case and see if we can help.