Habitual Motor Vehicle Offender (HMVO) – If you are declared a habitual motor vehicle offender in Tennessee, you could lose your license for three years and face jail time. That is why you need to seek counsel immediately.
In Tennessee driving is considered a privilege, not a right. HMVO laws are civil, not criminal. However, driving after being declared a habitual motor vehicle offender, is a felony. James R. Owen has the legal background and experience to fight for your rights.
The State of Tennessee can seek to declare you a habitual motor vehicle offender if you are convicted of certain driving offenses in Tennessee within three years. The crimes that trigger habitual motor vehicle offender status include:
- Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
- Driving under the influence (DUI)
- Vehicular homicide, where a driver with a BAC (Blood Alcohol Content) of more than .08 causes the death of others
- Vehicular assault (a Class D felony) where a driver under the influence causes serious injuries to others
- Failure to stop at the scene of an accident resulting in injury or death
- Failure to stop at the scene of an accident resulting only in damage to a vehicle driven or attended by any person
- Disobeying traffic rules when meeting or overtaking a school bus
- Aggravated vehicular homicide, when a vehicular assault happens in combination with other current or previous violations, such as two or more DUI convictions, vehicular convictions or a prior vehicular homicide conviction.
- Reckless endangerment by use of a motor vehicle
- Drag racing
- Evading arrest in a motor vehicle
- Driving while on a canceled, suspended, or revoked license, when the cancellation, suspension or revocation involves any of the above offenses
If a driver reaches the number and type of convictions, the State of Tennessee can proceed with a petition to revoke your license. This is not a process you should face without an experienced criminal defense team. The driver must appear in court to show cause why he or she should not be barred from operating a motor vehicle. The case then proceeds to a hearing where the state must prove that the driver has the requisite convictions. The state has so many resources; you need the expert counsel James R. Owen will provide. Once declared a habitual offender, it is unlawful to operate a vehicle while the order is in effect. Doing so is a Class E felony, which could result in 1-6 years behind bars.