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 A person whose license has been revoked under the Act is often referred to as a Habitual Motor Vehicle Offender or “HMVO.”
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.
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
– 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