Habitual Motor Vehicle Offender (HMVO)

The Motor Vehicle Habitual Offenders Act (“Act”) provides that a judge shall revoke a driver’s license if that driver has shown an indifference to the safety and welfare of others.  A person whose license has been revoked under the Act is often referred to as a Habitual Motor Vehicle Offender or “HMVO.”

 

HMVO Consequences

The consequences of violating the act and being found to be an HMVO are severe and include the following:

    • 3-Year License Revocation - An offender’s license will be revoked for a period of at least three years by the Tennessee Department of Safety.  This revocation will be honored by all other states in the country.

     

    • Possible Felony Charges - If a person, previously declared an HMVO, is found to be driving, then he or she will be charged with a Felony Offense.

     

    • License Reinstatement is NOT Guaranteed - In order to reinstate an offender’s driving privileges, the offender must file a petition with the appropriate court. If the petition is granted, the Tennessee Department of Safety must then issue a Tennessee driver's license before the offender may legally drive.

     

HMVO Consequences

A person may be determined to be an HMVO after being convicted of any combination of 3 of the following offenses within a 5-year period, OR any combination of 5 such offenses within a 10-year period:

- Voluntary Manslaughter resulting from the operation of a motor vehicle

- Involuntary Manslaughter resulting from the operation of a motor vehicle

- Vehicular Homicide

- Vehicular Assault

- Violation of Meeting or Overtaking School Buses

- Failing to Stop at the Scene of an Accident Resulting in Property Damage, Injury or Death

- Driving or Operating a Motor Vehicle While Under the Influence of an Intoxicant (DUI)

- Aggravated Vehicular Homicide

- Adult Driving While Impaired (DWI)

- Reckless Driving

- Drag Racing

- Evading Arrest in a Motor Vehicle

- Reckless Endangerment by Use of a Motor Vehicle

- Driving on a Cancelled, Suspended or Revoked Driver's License where the basis of cancellation, suspension or revocation is any of the above-listed offenses

 

 

Cases We Handle

Click on the links below for information on the types of cases handled by Oberman & Rice.