Penalties for Revoked Driver's License | Habitual Traffic Offenders (HTO)

2/16/2017

Habitual Traffic Offenders

Car accidentA person’s driving privileges can be suspended or revoked by the state licensing agency for a number of reasons.  In some states, drivers with a long list of traffic offenses, who have demonstrated that they may be a danger on the roadway, may be labeled a habitual traffic offender (HTO). Nineteen states have enacted some form of habitual traffic offender legislation.  Below is a chart containing a summary of each state’s definition of a habitual traffic offender.

 

The box allows you to conduct a full text search or type the state name.

habitual traffic offender laws

State

Statute

Statutory Description

Alabama

No Applicable Statute

 

Alaska

No Applicable Statute

 

Arizona

No Applicable Statute

 

Arkansas

No Applicable Statute

 

California

§14601.3. Habitual Traffic Offender; Accumulation of Driving Record History while Driving Privilege Suspended or Revoked; Penalty

It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving history that resulted from driving during the period of suspension or revocation. A person who violates this subdivision is designated a habitual traffic offender.

 

A driving record history means any of the following, if the driving occurred during any period of suspension or revocation:

(a) two or more convictions within a 12-month period of an offense given a violation point court of two;

(b) three or more convictions within a 12-month period of an offense given a violation point count of one;

(c) three or more accidents within a 12-month period that are subject to reporting requirements; or

(d) any combination of convictions or accidents, as specified above, inclusively, which results during a 12-month period in a violation point count of three or more.

 

Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person. The presumption established is a presumption affecting the burden of proof.

 

The department, within 30 days of receipt of a duly certified abstract of the record of any court or accident report that results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of the designation to the office of the district attorney having jurisdiction over the location of the person’s last known address as contained in department records.

 

The district attorney, within 30 days of receiving the notice, shall inform the department of whether or not the person will be prosecuted for being a habitual traffic offender.

 

Any person convicted of being an habitual traffic offender shall be punished as follows:

(a) upon first conviction, by imprisonment in the county jail for 30 days and by a fine of $1,000;

(b) upon a second of any subsequent offense within seven years of a prior conviction, by imprisonment in the county jail for 180 days and by a fine of $2,000;

(c) any habitual traffic offender who is convicted of driving when privilege is suspended or revoked shall be punished by imprisonment in the county jail for 180 days and by a fine of $2,000. The penalty in this shall be consecutive to the imposed for the violation of any other law.

Colorado

§ 42-2-202. Habitual Offenders – Frequency and Type of Violation

(1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) committed during a seven-year period or committed within a one-day period.

 

(2)(a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within seven-years:

(i) DUI, DUI per se, or DWAI;

(ii) driving a motor vehicle in a reckless manner;

(iii) driving a motor vehicle upon a highway while such person’s license or privilege to drive a motor vehicle has been denied, suspended, or revoked;

(iv) knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws;

(v) vehicular assault, vehicular homicide or manslaughter, or criminally negligent homicide that results from the operation of a motor vehicle or aggravated motor vehicle theft; or

(vi) conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person.

 

(2)(b) The offenses included in subparagraphs (i), (ii), (iii), and (v) of paragraph (a) of subsection (2) shall be deemed to include convictions under any federal law, any law of another state, or any ordinance of a municipality that substantially conforms to the statutory provisions of Colorado regulating the operation of motor vehicles.

 

(3) A person is also a habitual offender if such person has 10 or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations that provide for an assessment of four or more points OR 18 or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violation that provide for an assessment of three or fewer points each in the operation of a motor vehicle, including any violations specified in subsection (2).

Connecticut

No Applicable Statute

 

Delaware

§2808. “Habitual Offender” Defined

An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses described in paragraph (1) during a 5-year period or paragraph (2) during a 3-year period; provided that where more than one included offense shall be committed within a 24-hour period, such multiple offenses shall be treated as one offense:

(1) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:

(a) manslaughter resulting from the operation of a motor vehicle;

(b) using a motor vehicle during the commission of a felony;

(c) driving or having actual physical control of a motor vehicle while under the influence of an intoxicating liquor or of any drug;

(d) driving a motor vehicle without a license to do so, notwithstanding if a judge determines that the sole reason as individual was convicted was because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense that is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used);

(e) driving a motor vehicle during a period of suspension or revocation, notwithstanding if a judge determines that the sole reason as individual was convicted was because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used;

(f) driving a motor vehicle in willful or wanton disregard for the safety of persons or property;

(g) failure of the driver of a motor vehicle involved in an accident resulting in apparent damage to property to stop at the scene of such accident and report the driver's identity or otherwise report such accident;

(h) failure of the driver of a motor vehicle involved in any accident resulting in injury or death to any person to stop at the scene of such accident and report the driver's identity;

(i) knowingly making any false affidavit or swearing or affirming falsely to any manner or thing required by the motor vehicle laws or as to information required in the administration of such laws;

(j) attempting to flee or elude a police officer after having received a visual or audible signal from the police officer;

(k) driving any motor vehicle upon the highways of this state contrary to the restrictions placed upon an occupational license during the period of such occupational license.

 

(2) 10 or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle that are required to be reported to the department and the commission authorizes the division or the court to suspend or revoke the privilege to operate motor vehicles on the highways of this state for a period of 30 days or more for each offense and such convictions shall include those offenses enumerated in paragraph (1) of this section when taken with and added to those offenses described.

 

(3) The offenses included in paragraphs (1) and (2) of this section shall be deemed to include offenses under any federal law, any law of another state or any valid town, city or county ordinance of another state substantially conforming to a state statutory provision.

 

(4) The term “conviction” shall mean a final conviction, a plea of guilty or a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated.

Florida

§ 322.264. “Habitual Traffic Offender” Defined

A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

 

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

(a) voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(b) any violation of §316.193, former §316.1931, or former §860.01;

(c) any felony in the commission of which a motor vehicle is used;

(d) driving a motor vehicle while his or her license is suspended or revoked;

(e) failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or

(f) driving a commercial motor vehicle while his or her privilege is disqualified.

 

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in §322.27, including those offenses in subsection (1).

 

Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the five years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

Georgia

§40-5-58. Determination of Habitual Violators; Revocation of License

(a) “Habitual Violator” means any person who has been arrested and convicted within the United States three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:

(1) committing any offense covered under §40-5-54 or §40-6-391 through §40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under §40-5-54 or 

§40-6-391 through §40-6-395; or

(2) singularly or in combination, any of the offenses described in paragraph (1) of this subsection.

 

(b) When the records of the department disclose that any person is a habitual violator, the department shall notify such person that his or her driver's license has been revoked by operation of law and that it shall be unlawful for such habitual violator to operate a motor vehicle in Georgia unless otherwise provided by law. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person.

 

(c)

(1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this section, it shall be unlawful for any person to operate any motor vehicle in Georgia after such person has received notice that his or her driver's license has been revoked as provided in subsection (b), if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor.

(2) Any person declared to be a habitual violator as a result of three or more convictions of driving under the influence of alcohol or narcotic drugs within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) or before the expiration of five years,  shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

 

(d) Any plea of nolo contendere entered and accepted after Jan. 1, 1976, shall be considered a conviction.

 

(e)(1) Any person who has been declared a habitual violator and who has had his or her driver's license revoked under subsection (b) for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions:

(a) such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of any Georgia law or regulation or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;

(b) such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any Georgia law or regulation which resulted in the death or injury of any individual;

(c) such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;

(d) such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision relating to alcoholic beverages or relating to controlled substances;

(e) such person shall submit a sworn affidavit that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary icense shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph;

(f) such person submits proof of financial responsibility; and

(g) refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term “extreme hardship” means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:

(i) going to his or her place of employment or performing the normal duties of his or her occupation;

(ii) receiving scheduled medical care or obtaining prescription drugs;

(iii) attending a college or school at which he or she is regularly enrolled as a student;

(iv) attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or

(v) attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court that entered the judgment of conviction resulting in revocation of his driver's license or by the commissioner.

 

(e)(2) Application for a probationary driver's license shall be made upon such forms as the commissioner may prescribe. The forms shall require any information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths.

 

(e)(3) Upon compliance with the above conditions and the payment of a fee of $210 or $200 when processed by mail, such person may be issued a probationary driver's license by the department. Upon payment of a fee in an amount the same as that for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her.

 

(e)(4) A probationary driver's license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:

(a) specific places between which the licensee may be allowed to operate a motor vehicle;

(b) routes to be followed by the licensee;

(c) times of travel;

(d) the specific vehicles which the licensee may operate; and

(e) such other restrictions as the department may require.

 

(e)(5) A probationary driver's license issued shall become invalid upon the expiration of the period of the suspension or revocation of the driver's license of such person.

 

(e)(6)(A)(i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.

(ii) Except as provided in division (iii) of this subparagraph, any probationary licensee violating any state law or local ordinance involving an offense listed in §40-5-54 or §40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000 or by imprisonment in the penitentiary for not less than one nor more than five years, or both;

(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in §40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony.

 

(e)(6)(B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in  §40-5-54 or §40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within 10 days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in §40-5-54 or §40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater.

 

(e)(6)(C) If the commissioner has reason to believe or makes a preliminary finding that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the commissioner, in his or her discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license.

 

(e)(6)(D) Any person whose probationary driver's license has been revoked shall not be eligible to apply for a subsequent probationary license for a period of five-years.

 

(e)(7) Any person whose probationary license has been revoked or who has been refused a probationary license by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided within 30 days after the receipt of a request and shall follow the procedures required by the “Georgia Administrative Procedure Act.” Appeal from such hearing shall be in accordance with the “Georgia Administrative Procedure Act.”

 

(f) If a person's license was revoked for a violation resulting from a motor vehicle collision in which any person lost his life, the person whose license was revoked shall not be entitled to a probationary license.

Hawaii

No Applicable Statute

 

Idaho

No Applicable Statute

 

Illinois

No Applicable Statute

 

Indiana

§ 9-30-10-4. Habitual Violators

(a) A person who has accumulated at least two judgments within a 10-year period for any of the following violations, singularly or in combination, and not arising out of the same incident, is a habitual violator:

(1) reckless homicide resulting from the operation of a motor vehicle;

(2) voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(3) failure of the operator of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance;

(4) operation of a vehicle while intoxicated resulting in death;

(5) before July 1, 1997, operation of a vehicle with at least ten-hundredths percent (0.10%) alcohol in the blood resulting in death;

(6) after June 30, 1997, and before July 1, 2001, operation of a vehicle with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:

(A) one hundred (100) milliliters of the blood; or

(B) two hundred ten (210) liters of the breath resulting in death; or

(7) after June 30, 2001, operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:

(A) one hundred (100) milliliters of the blood; or

(B) two hundred ten (210) liters of the breath resulting in death.

 

(b) A person who has accumulated at least three judgments within a 10 year period for any of the following violations, singularly or in combination, and not arising out of the same incident, is a habitual violator:

(1) operation of a vehicle while intoxicated;

(2) before July 1, 1997, operation of a vehicle with at least ten-hundredths percent (0.10%) alcohol in the blood;

(3) after June 30, 1997, and before July 1, 2001, operation of a vehicle with an alcohol concentration equivalent to at least ten-hundredths (0.10) gram of alcohol per:

(A) one hundred (100) milliliters of the blood; or

(B) two hundred ten (210) liters of the breath;

(4) after June 30, 2001, operation of a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:

(A) one hundred (100) milliliters of the blood; or

(B) two hundred ten (210) liters of the breath;

(5) reckless driving;

(6) criminal recklessness as a felony involving the operation of a motor vehicle;

(7) drag racing or engaging in a speed contest in violation of law;

(8) […];

(9) resisting law enforcement; or

(10) any felony under this title or any felony in which the operation of a motor vehicle is an element of the offense.

 

A judgment for a violation enumerated in subsection (a) shall be added to the violations described in subsection (b) for the purposes of designation as a habitual offender.

 

(c) A person who has accumulated at least 10 judgments within a 10-year period for any traffic violation, except a parking or an equipment violation, of the type required to be reported to the bureau, singularly or in combination, ND not arising out of the same incident, is a habitual violator. However, at least one of the judgments must be for:

(1) a violation enumerated in subsection (a);

(2) a violation enumerated in subsection (b);

(3) operating a motor vehicle while the person's license to do so has been suspended or revoked as a result of the person's conviction of an offense; or

(4) operating a motor vehicle without ever having obtained a license to do so.

 

A judgment for a violation enumerated in subsection (a) or (b) shall be added to the judgments described in subsection (c) for the purposes of designation as a habitual offender.

 

(d) A judgment includes a judgment in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of the offenses described in subsections (a), (b), and (c).

 

(e) The offense date is used when determining the number of judgments accumulated within a 10-year period.

Iowa

No Applicable Statute

 

Kansas

§6-285. “Habitual Violation” Defined; Other Definitions

The term “habitual violator” means any resident or nonresident person who, within the immediately preceding five-years, has been convicted in this or any other state:

(a) Three or more times of:

(1) vehicular homicide;

(2) violating K.S.A. §8-1567;

(3) driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked;

(4) perjury resulting from a violation of K.S.A. §8-261a;

(5) violating the provisions of the fifth clause of K.S.A. §8-142 relating to fraudulent applications or violating the provisions of a law of another state which is in substantial conformity with that statute;

(6) any crime punishable as a felony, if a motor vehicle was used in the perpetration of the crime;

(7) failing to stop at the scene of an accident and perform the duties required by the law or required by any ordinance of any city in this state, any resolution of any county in this state or a law of another state which is in substantial conformity with those statutes;

(8) a violation relating to motor vehicle liability insurance coverage or an ordinance of any city in this state or a resolution of any county in this state which is in substantial conformity with such statute; or

(9) violating K.S.A. §8-1025 or violating an ordinance of any city in this state, a resolution of any county in this state, or any law of another state which ordinance, resolution or law declares to be unlawful the acts prohibited by that statute.

 

(b) Three or more times, either singly or in combination, of any of the offenses enumerated in subsection (a).

 

Conviction includes, but is not limited to, a diversion agreement entered into in lieu of further criminal proceedings, or a plea of nolo contendere, on a complaint, indictment, information, citation or notice to appear alleging a violation of K.S.A. §8-1567 or K.S.A. §8-1025 or an ordinance of a city in this state, a resolution of a county in this state, or law of another state that ordinance or law prohibits the acts prohibited by those statutes.

Kentucky

No Applicable Statute

 

Louisiana

§1472. Habitual Offender Defined

(A) A “habitual offender” shall be any person, resident or nonresident, whose record, as maintained in the office of the Department of Public Safety and Corrections, shows that such person has accumulated 10 or more convictions of separate and distinct offenses, committed within three-years of the date on which the last offense is committed, involving moving violations, singularly or in combination, in the operation of a motor vehicle that are required to be reported to the department. However, when more than one included offense is committed within a 12-hour period, such multiple offenses shall be treated as one offense.

 

(B) The offenses included in Subsection (A) shall be deemed to include offenses under any federal law, any law of another state, or any valid town, city or county ordinance of another state substantially conforming to the aforesaid state statutory provision.

 

(C) The term “conviction” means a final conviction. A forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated or a plea of nolo contendere, shall be equivalent to a conviction.

Maine

§2551-A. Habitual Offender

(1) An habitual offender is a person whose record, as maintained by the secretary of state, shows that:

(a) The person has accumulated three or more convictions or adjudications for distinct offenses described in this paragraph arising out of separate acts committed within a 5-year period:

(1) homicide resulting from the operation of a motor vehicle;

(2) OUI conviction;

(3) driving to endanger;

(4) operating after suspension or revocation;

(5) operating without a license;

(6) operating after revocation, in violation of former §2557, §2557-A, or §2558;

(7) knowingly making a false affidavit or swearing or affirming falsely in a statement required or as to information required in the administration of motor vehicle laws;

(8) a Class A, B, C, or D offense in which a motor vehicle is used;

(9) leaving the scene of an accident involving injury or death;

(10) leaving the scene of an accident involving property damage;

(11) eluding an officer;

(12) passing a roadblock;

(13) operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more; and

(14) for a person whose license is reinstated pursuant to §2412-A, subsection (7), or §2508, operating a motor vehicle without an ignition interlock device; tampering with or circumventing the operation of an ignition interlock device; or requesting or soliciting another person to blow into or otherwise activate an ignition interlock device for the purpose of providing the person with an operable motor vehicle; or

(b) The person has accumulated 10 or more convictions or adjudications for moving violations arising out of separate acts committed within a five-year period.

 

(2) The offenses included in subsection (1) include offenses under former Title 29, a federal law, a law of another state and a municipal ordinance substantially conforming to the statutory violations.

 

(3) The following convictions are not included under subsection (1)(a):

(a) a conviction of operating a motor vehicle without a license if the license had expired and was not suspended or revoked;

(b) a conviction of operating after suspension when the suspension is based upon a failure to pay child support;

(c) a conviction of operating after suspension when the suspension is based solely on a failure to pay the reinstatement fee; and

(d) an adjudication for the traffic infraction of operating after suspension under §2412-A(8).

 

(4) When more than one offense or violation described in this section arises from the same incident, the offenses or violations are treated as one offense or violation.

Maryland

No Applicable Statute

 

Massachusetts

§22F. Habitual Traffic Offender; Revocation of License; Reinstatement

A person shall be deemed a habitual traffic offender when records maintained show that such person has accumulated the following convictions within a five-year period; provided, that when a person who has no prior record of an automobile law violation is convicted of more than one of the violations referred to below, if such offenses all occurred with a six-hour period, such convictions shall be treated as a single conviction:

(a) three of more convictions, singularly or in combination, of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs;

(b) operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered;

(c) making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for registration of a motor vehicle;

(d) going away without making his or her name, residence, and the registration number of his or her vehicle after knowingly colliding with or otherwise causing injury to another person, other vehicle or property;

(e) operating a motor vehicle after suspending or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles;

(f) operating a motor vehicle without a license;

(g) the commission of any felony of which a motor vehicle is used; or (h) 12 or more convictions of offenses that are required by law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicle for a period of 30 days or more, including conviction of the offenses listed above.

 

When the records of the registrar on any person contain reports of convictions included above, the registrar shall hold a hearing within six months from the third conviction, and shall give notice to such person that a hearing will be held to show cause why such person should not be designated as an habitual traffic offender. Notice shall be sent no less than 21 days prior to the date for the hearing, shall contain a list of the person's convictions, and shall otherwise be in such form as the registrar shall prescribe. If the person named in the notice is a nonresident, notice shall be sent to his or her last known address of which the registrar has a record; or, if none, to the motor vehicle department of any state in which such person resides or which has issued a motor vehicle operator's license or permit to such person. If such person denies he or she was convicted of any offenses necessary for a determination that he or she is a habitual offender, and if the registrar cannot, on the evidence available to it, make such determination, the registrar may refer the decision of the issue to the court in which the conviction was made. Said court shall then conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the registrar.

 

If the registrar finds that such person is not the same person named in the records of conviction, or that he or she is otherwise not a habitual offender, no action shall be taken. But if the registrar finds that such person is the same person named in the record of conviction and that such person is a habitual offender, the registrar shall immediately revoke such person's license or right to operate.The registrar, after having revoked the license or right to operate of any person, shall not issue a new license or reinstate the right to operate to such person for a period of four-years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. Provided, however, that such person may, after the expiration of one-year, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the sole grounds of hardship, and the registrar may, in its discretion, issue such a license under such terms and conditions as it deems appropriate and necessary. An appeal to the Superior Court may be had from any order of the registrar of motor vehicles made regarding the designation of a habitual offender.

Michigan

No Applicable Statute

 

Minnesota

No Applicable Statute

 

Mississippi

No Applicable Statute

 

Missouri

No Applicable Statute

 

Montana

§ 61-11-203. Definitions – Habitual Traffic Offenders – Point Schedule

(1) The following definitions apply:

(a) “Conviction” means:

(1) a plea of guilty or nolo contendere accepted by the court;

(2) an adjudication of guilt that has not been vacated by the appropriate court;

(3) a determination that a person has not been vacated by the appropriate court;

(4) a forfeiture of bail or collateral deposited to secure the person’s appearance in court that has not been vacated;

(5) the payment of a fine or court cost, regardless of whether it is suspended or rebated; or

(6) the violation of a condition of release without bail, regardless of whether the condition is imposed as part of probation.

(b) “Habitual traffic offender” means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2);

(c) “License” means any type of license or permit to operate a motor vehicle;

(d) “Moving violation” means a violation of a traffic regulation of this state or another jurisdiction by a person while operating a motor vehicle or in actual physical control of a motor vehicle upon a highway;

(e) “Traffic regulation” includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. A traffic regulation does not include provisions governing vehicle registration or local parking.

 

(2) Subject to subsection (3), the point schedule used to determine whether an individual is a habitual traffic offender is as follows:

(a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;

(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;

(c) any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;

(d) driving while under the influence of intoxicating liquor, narcotics or drugs of any kind or operation of a motor vehicle by a person with alcohol concentration of 0.08 or more, 10 points;

(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;

(f) failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and  assistance, 8 points;

(g) willful failure of the driver involved in an accident resulting in property damage of $250 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of the law, 4 points;

(h) reckless driving, 5 points;

(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;

(j) any of the mandatory motor vehicle liability protection offenses, 5 points;

(k) operating a motor vehicle without a license to do so, 2 points.

However, this subsection (2)(k) does not apply to operating a motor vehicle within a period of 180 days from the date the license expired.

(l) speeding, 3 points;

(m) all other moving violations, 2 points.

 

(3) There may not be multiple application of cumulative points when two or more charges are filed involving a single occurrence. If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.

Nebraska

No Applicable Statute

 

Nevada

No Applicable Statute

 

New Hampshire

§259:39. Habitual Offender

“Habitual offender” means any resident or nonresident person whose record, as maintained by the Division of Motor Vehicles in the Department of Safety, shows that such person has accumulated convictions in the number provided in paragraphs 1, 2, or 3 and for those offenses listed therein and committed within a five-year period, based on the date of the offense. After a conviction for an offense listed either in paragraph 1 or in paragraph 2 and during the five-year period, if a subsequent single incident results in convictions for more than one offense under the same paragraph, each such conviction may be counted separately for the purpose of certifying a person as an habitual offender. A person who meets the requirements of one of the following three paragraphs shall be certified as an habitual offender:

(1) Three or more convictions, singularly or in combination, of the following offenses:

(a) conviction of any offense specified in RSA §261:73;

(b) conviction of any offense specified in RSA §262:1, RSA §262:1(I);

(c) conviction of any offense specified in RSA §262:8;

(d) conviction of any offense specified in RSA §262:12;

(e) conviction of any offense specified in RSA §262:13;

(f) conviction of any offense specified in RSA §263:12, RSA §263:12(V);

(g) conviction of any offense specified in RSA §263:64;

(h) conviction of any offense specified in RSA §264:25;

(i) conviction of any offense specified in RSA §265:4;

(j) conviction of any offense specified in RSA §265:79;

(k) conviction of any offense involving a vehicle specified in RSA §265-A:2, RSA §265-A:2(I);

(l) conviction of any offense involving a vehicle specified in RSA §265-A:3;

(m) conviction under RSA §630:2 of manslaughter resulting from the operation of a motor vehicle;

(n) conviction under RSA §630:3 of a negligent homicide resulting from the operation of a motor vehicle;

(o) conviction of any felony in which a motor vehicle is used;

(p) conviction of any offense specified in RSA §265:75;

(q) conviction of any offense specified in RSA §265:54;

(r) conviction of any offense specified in RSA §265:82;

(s) conviction of any offense specified in RSA §265:82-a;

(t) conviction of any offense specified in RSA §262:23;

(u) conviction of any offense specified in RSA §265-A:43; or

(v) conviction of any offense specified in RSA §265:79-b.

 

(2) Twelve or more convictions, singularly or in combination, of the following offenses:

(a) conviction of any offense specified in RSA §265:22.

(b) conviction of any offense specified in RSA §265:60.

(c) conviction of any offense specified in RSA §263:1.

(d) conviction of any offense specified in RSA §263:63.

 

(3) A combination of one conviction of an offense specified under paragraph 1 and at least eight convictions, singularly or in combination, of offenses specified under paragraph 2; or a combination of two convictions, singularly or in combination, of offenses specified under paragraph 1 and at least 4 convictions, singularly or in combination, of offenses specified under paragraph 2.

New Jersey

No Applicable Statute

 

New Mexico

No Applicable Statute

 

New York

No Applicable Statute

 

North Carolina

No Applicable Statute

 

North Dakota

No Applicable Statute

 

Ohio

§4510.037. Repeat Traffic Offender; Point System Suspension

(A) When the registrar of motor vehicles determines that the total points charged against any person under O.R.C. §4510.036 exceeds five, the registrar shall send a warning letter to the person at the person's last known address by regular mail. The warning letter shall list the reported violations that are the basis of the points charged, list the number of points charged for each violation, and outline the suspension provisions.

 

(B) When the registrar determines that the total points charged against any person under O.R.C. §4510.036 within any two-year period, beginning on the date of the first conviction, is equal to 12 or more, the registrar shall send a written notice to the person at the person's last known address by regular mail. The notice shall list the reported violations that are the basis of the points charged, list the number of points charged for each violation, and state that because the total number of points charged against the person within the applicable two-year period is equal to 12 or more, the registrar is imposing a class D suspension of the person's driver's or commercial driver's license/permit or nonresident operating privileges for the period of time specified in §4510.02(B)(4). The notice also shall state that the suspension is effective on the 12th day after the mailing of the notice, unless the person files a petition appealing the determination and suspension in the municipal court, county court, or, if the person is under the age of 18, the juvenile division of the Court of Common Pleas in whose jurisdiction the person resides or, if the person is not a resident of this state, in the Franklin County Municipal Court or juvenile division of the Franklin County Court of Common Pleas. By filing the appeal of the determination and suspension, the person agrees to pay the cost of the proceedings in the appeal of the determination and suspension and alleges that the person can show cause why the person's driver's or commercial driver's license or permit or nonresident operating privileges should not be suspended.

 

(C)

(1) Any person against whom at least two but fewer  than 12 points have been charged under §4510.036 may enroll in a course of remedial driving instruction that is approved by the director of public safety. Upon the person's completion of an approved course of remedial driving instruction, the person may apply to the registrar for a credit of two points on the person's driving record. Upon receipt of the application and proof of completion of the approved remedial driving course, the registrar shall approve the two-point credit. The registrar shall not approve any credits for a person who completes an approved course of remedial driving instruction pursuant to a judge's order under §4510.02.

(2) In any three-year period, the registrar shall approve only one two-point credit on a person's driving record under division (C)(1). The registrar shall approve not more than five two-point credits on a person's driving record under division (C)(1) during that person's lifetime.

 

(D) […]

 

(E) The registrar, upon the written request of a licensee who files a petition under division (B), shall furnish the licensee a certified copy of the registrar's record of the convictions and bond forfeitures of the person. This record shall include the name, address, and date of birth of the licensee; the name of the court in which each conviction or bail forfeiture took place; the nature of the offense that was the basis of the conviction or bond forfeiture; and any other information that the registrar considers necessary. If the record indicates that 12 points or more have been charged against the person within a two-year period, it is prima-facie evidence that the person is a repeat traffic offender, and the registrar shall suspend the person's driver's or commercial driver's license/permit or nonresident operating privilege pursuant to division (B).

 

In hearing the petition and determining whether the person filing the petition has shown cause why the person's driver's or commercial driver's license/permit or nonresident operating privilege should not be suspended, the court shall decide the issue on the record certified by the Registrar and any additional relevant, competent, and material evidence that either the registrar or the person whose license is sought to be suspended submits.

 

(F) […]

 

(G) […]

 

(H) Any person whose driver's or commercial driver's license/permit or nonresident operating privileges are suspended is not entitled to apply for or receive a new driver's or commercial driver's license/permit or to request or be granted nonresident operating privileges during the effective period of the suspension.

 

(I) Upon the termination of any suspension or other penalty imposed involving the surrender of license or permit and upon the request of the person whose license or permit was suspended or surrendered, the registrar shall return the license or permit to the person upon determining that the person has complied with all provisions of §4510.038 or, if the registrar destroyed the license or permit pursuant to §4510.52, shall reissue the person's license or permit.

 

(J) Any person whose driver's or commercial driver's license/permit or nonresident operating privileges are suspended as a repeat traffic offender and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a 12-point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three days in jail. No court shall suspend the first three days of jail time imposed pursuant to this division.

 

(K) The registrar, in accordance with specific statutory authority, may suspend the privilege of driving a motor vehicle on the public roads and highways of this state that is granted to nonresidents by §4507.04.

Oklahoma

No Applicable Statute

 

Oregon

No Applicable Statute

 

Pennsylvania

No Applicable Statute

 

Rhode Island

§31-40-2. “Habitual Offender” Defined

An “habitual offender” is any person, resident or nonresident, whose record, as maintained in the office of the Division of Motor Vehicles, shows that the person has accumulated convictions, or findings of delinquency or waywardness in the case of juveniles, for separate and distinct offenses, described in subdivisions (1), (2), and (3) that were committed within a three-year period. However, where more than one included offense shall be committed within a six-hour period the multiple offenses shall, on the first occasion, be treated as one offense, provided the person charged has no record of prior offenses chargeable, and provided further that the date of the offense most recently committed occurs within three years of the date of all other offenses the conviction for which is included in subdivision (1), (2), or (3) as follows:

(1) Three or more convictions, singularly or in combination, of the following separate and distinct offenses arising out of separate acts:

(i) voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(ii) driving or operating a motor vehicle while under the influence of liquor or drugs;

(iii) driving a motor vehicle while his or her license, permit, or privilege to drive a motor vehicle has been suspended or revoked;

(iv) willfully operating a motor vehicle without a license;

(v) knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of the laws;

(vi) any offense punishable as a felony under the motor vehicle laws of Rhode Island or any felony in the commission of which a motor vehicle is used;

(vii) failure of the driver of a motor vehicle involved in an accident resulting in the death or injury of any person to stop close to the scene of the accident and report his or her identity; or

(viii) failure of the driver of a motor vehicle involved in an accident resulting only in damage to an attended or unattended vehicle or other property in excess of $150 to stop close to the scene of the accident and report his or her identity or otherwise report the accident.

 

(2) Six or more convictions, of separate and distinct offenses, singularly or in combination, in the operation of a motor vehicle which are required to be reported to the Division of Motor Vehicles and the commission of which requires the Division of Motor Vehicles or authorizes a court to suspend or revoke the privilege to operate motor vehicles on the highways of Rhode Island for a period of 30 days or more, and the convictions shall include those offenses enumerated in paragraph (1)(ii) when taken with and added to those offenses described herein.

 

(3) The offenses included in subdivisions (1) and (2) shall be deemed to include offenses under any valid town or city ordinance paralleling and substantially conforming to the state statutory provisions cited in subdivisions (1) and (2) and all changes of them, any federal law, law of another state, or any valid town, city, or county ordinance of another state substantially conforming to those statutory provisions.

South Carolina

§ 56-1-1020. “Habitual Offender” and “Conviction” Defined

A habitual offender shall mean any person whose record as maintained by the Department of Motor Vehicles shows that he or she has accumulated convictions for separate and distinct offenses described in subsections (a), (b), and (c) committed during a three-year period; provided, that where more than one included offense shall be committed within a one-day period such multiple offenses shall be treated for the purposes of this article as one offense:

(a) Three or more convictions, singularly or in combination, of any of the following separate and distinct offenses arising out of separate acts:

(1) voluntary manslaughter, involuntary manslaughter, or reckless homicide resulting from the operation of a motor vehicle;

(2) operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics, or drugs;

(3) driving or operating a motor vehicle in a reckless manner;

(4) driving a motor vehicle while his or her license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility;

(5) any offense punishable as a felony under the motor vehicle laws of South Carolina or any felony in the commission of which a motor vehicle is used; or

(6) failure of the driver of a motor vehicle involved in any accident resulting in the death or injury of any person to stop close to the scene of such accident and report his identity.

 

(b) 10 or more convictions of separate and distinct offenses involving moving violations, singularly or in combination, in the operation of a motor vehicle, which are required to be reported to the Department for which four or more points are assigned or which are enumerated in subsection (a).

 

(c)The offenses included in subsections (a) and (b) shall be deemed to include offenses under any federal law, any law of another state, or any municipal or county ordinance of another state substantially conforming to the above provisions.

 

For purposes of determining the number of convictions for separate and distinct offenses committed during any three-year period, a person shall be deemed to be convicted of an offense on the date the offense was committed if he is subsequently convicted of committing such offense.

South Dakota

No Applicable Statute

 

Tennessee

§55-10-603. Definitions

(1) “Conviction” means a final conviction. A forfeiture of bail or other security deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, is a conviction for the purposes of this part.

 

(2) “Habitual offender” means:

(a) Any person who, during a three-year period, is convicted in a Tennessee court or courts of three or more of the following offenses; any person who, during a five-year period, is convicted in a Tennessee court or courts of three or more of the following offenses; or any person who, during a 10-year period, is convicted in a Tennessee court or courts of five or more of the following offenses; provided, that if the five- or 10-year period is used, one of the offenses occurred after July 1, 1991:

(i) voluntary manslaughter resulting from the operation of a motor vehicle;

(ii) vehicular homicide;

(iii) involuntary manslaughter resulting from the operation of a motor vehicle;

(iv) vehicular assault;

(v) a violation relating to the meeting or overtaking school buses;

(vi) a violation relating to the duty to stop at the scene of an accident resulting in injury or death;

(vii) a violation relating to the duty to stop at the scene of an accident resulting only in damage to a vehicle driven or attended by any person;

(viii) a violation of intoxicated or drugged persons driving or being in physical control of any automobile or other motor vehicle;

(ix) a violation relative to aggravated vehicular homicide;

(x) a violation relative to adult driving while impaired;

(xi) a violation of reckless driving;

(xii) a violation relative to drag racing;

(xiii) a violation relating to evading arrest in a motor vehicle;

(xiv) a violation relating to reckless endangerment by use of a motor vehicle; or

(xv) a violation relating to driving on a cancelled, suspended, or revoked license if the underlying offense resulting in the cancellation, suspension, or revocation is an offense enumerated in subdivision (2)(A)(i)-(2)(A)(xiv).

 

(b) The violation of an ordinance of any political subdivision of this state shall be equivalent to the violation of state statutes if the elements of the offense covered by the ordinance are the same as the elements of the offense covered by the comparable state statute.

 

(3) “Tennessee courts” includes not only state courts, but also courts of local jurisdiction.

Texas

No Applicable Statute

 

Utah

No Applicable Statute

 

Vermont

§673(a). Habitual Offenders

(A) The commissioner of motor vehicles shall revoke the license of an operator or the right of an unlicensed person to operate a motor vehicle for a period of two-years when the person is a “habitual violator” of the motor vehicle laws.

 

(B) The term “habitual violator” shall mean any person who has been convicted in any court in this state of eight or more moving violations each of which would result in point assessments of six or more points, including violations of §1201, arising out of different incidents within a consecutive period of five years.

 

(C) The person may within 15 days of the notice of revocation request a hearing solely for the purpose of verifying the conviction record and the revocation shall not take effect until the hearing has been held and the record has been verified.

Virginia

No Applicable Statute

 

Washington

§ 46.65.020. Habitual Offender Defined

A habitual offender means any person, resident or nonresident, who has accumulated convictions or findings that the person committed a traffic infraction or, if a minor, has violations recorded with the Department of Licensing, for separate and distinct offenses as described in either subsection (1) or (2) below committed within a five-year period, as evidenced by the records maintained in the Department of Licensing: provided, that where more than one described offense is committed within a six-hour period such multiple offenses shall, on the first such occasion, be treated as one offense for the purposes of this chapter:

(1) Three or more convictions, singularly or in combination, of the following offenses:

(a) vehicular homicide;

(b) vehicular assault;

(c) driving or operating a motor vehicle while under the influence of intoxicants or drugs;

(d) driving a motor vehicle while his or her license, permit, or privilege to drive has been suspended or revoked;

(e) failure of the driver of any vehicle involved in an accident resulting in the injury or death of any person or damage to any vehicle which is driven or attended by any person to immediately stop such vehicle at the scene of such accident or as close thereto as possible and to forthwith return to and in every event remain at, the scene of such accident until he or she has fulfilled his or her duties are required by the law;

(f) reckless driving;

(g) being in physical control of a motor vehicle while under the influence of intoxicating liquor or any drug; or

(h) attempting to elude a pursuing police vehicle.

 

(2) 20 or more convictions or findings that the person committed a traffic infraction for separate and distinct offenses, singularly or in combination, in the operation of a motor vehicle that are required to be reported to the Department of Licensing other than the offenses of driving with an expired driver's license and not having a driver's license in the operator's immediate possession. Such convictions or findings shall include those for offenses enumerated in subsection (1) when taken with and added to those offenses described herein but shall not include convictions or findings for any nonmoving violation. No person may be considered a habitual offender unless at least three convictions have occurred within the 365 days immediately preceding the last conviction.

 

(3) The offenses included in subsections (1) and (2) are deemed to include offenses under any valid town, city, or county ordinance substantially conforming to the provisions cited in subsections (1) and (2), any federal law, or any law of another state substantially conforming to state statutory provisions.

West Virginia

No Applicable Statute

 

Wisconsin

§351.02. Definitions

(1) “Habitual traffic offender” means any person, resident or nonresident, whose record shows that the person has accumulated the number of convictions for the separate and distinct offenses, regardless of the class or type of motor vehicle being operated, under paragraphs (a) or (b) committed within a five-year period as follows:

(a) Four or more convictions of the following separate and distinct offenses, including any combination thereof:

(1) homicide involving the use of a vehicle;

(2) reckless driving;

(3) driving or operating a motor vehicle in violation of §346.63(1m) or §346.63(1) or (2);

(5) making any false statement to the department;

(6) any crime punishable as a felony or any felony in the commission of which a motor vehicle is used;

(7) failure of the operator of a motor vehicle involved in an accident to stop at or near the scene of the accident and report his or her identity;

(8) fleeing or attempting to elude an officer;

(9) refusal to submit to testing; or

(10) any offense committed by the person under the law of another jurisdiction prohibiting conduct described in §§6-207, 6-302, 10-102, 10-103, 10-104, 11-901, 11-902, 11-907 or 11-908 of the Uniform Vehicle Code and Model Traffic Ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with willful or wanton disregard for the safety of people or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited, driving or operating a motor vehicle while having a detectable amount of a restricted controlled substance in the person's blood, refusal to submit to chemical testing, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.

 

(b) Twelve or more convictions of violations of Chapter 346, including violations under paragraph (a).

 

(c) The offenses under paragraphs (a) and (b) are deemed to include offenses under any valid ordinance enacted by a local authority or any law enacted by a federally recognized American Indian tribe or band in this state that are in strict conformity with the offenses under paragraphs (a) and (b), and any federal law which is in substantial conformity with the offenses under paragraphs (a) and (b).

 

(d) If more than one offense under paragraphs (a) or (b) arises out of the same occurrence, all of those offenses shall be treated as one offense, on the first such occasion, if the person charged has no record of prior offenses within the preceding five-year period.

 

(f) The department may, by rule, exempt specific violations from being counted under paragraph (b) if the department determines that the violation is a petty offense, except that the department may not exempt any violation for which the department assigns demerit points or rules promulgated thereunder.

 

(1m) “Repeat habitual traffic offender” means any person, resident or nonresident, whose record as maintained by the department shows that the person has been convicted of two offenses under subparagraph (1)(b) committed within one year following issuance of an occupational license to the person whose record as maintained by the department shows that the person has been convicted of one offense under subparagraph (1)(a) or 4 offenses under subparagraph (1)(b) committed within three years following issuance of an occupational license to the person, regardless of the license under which the person was operating a motor vehicle or the classification of the vehicle being operated.

Wyoming

No Applicable Statute

 

District of Columbia

No Applicable Statute

 

 

Source:  Thomson West 2015