Habitual Offender

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  A person whose license has been revoked under the Act is often referred to as a Habitual Motor Vehicle Offender or “HMVO.”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

Featured Posts

Tennesee Sobriety Checkpoints
March 27, 2024

Tennessee Highway Patrol Traffic Enforcement and Sobriety Checkpoints

The Tennessee Highway Patrol has planned several Sobriety Checkpoints (also commonly referred to as a “DUI Roadblocks”) throughout this spring in East Tennessee.  Motorists in Campbell County can expect a DUI Roadblock on March 29, 2024 on State Route 116 at […]

Read More
February 03, 2024

Roadblocks and Sobriety Checkpoints

Did you know that publicizing a roadblock/sobriety checkpoint is a factor used by the courts indetermining whether a roadblock meets federal and Tennessee constitutional requirements? Thisfactor is considered because a roadblock or sobriety checkpoint (the terms are generallysynonymous in the […]

Read More
October 25, 2022

New Tennessee Crime: Aggravated Reckless Driving

Effective July 1, 2022, the Tennessee Legislature created the new Tennessee Crime of Aggravated Reckless Driving.  A person who “intentionally or knowingly impedes traffic upon a public street, highway, alley, parking lot, or driveway, or on the premises of a […]

Read More

Contact

Office

Oberman & Rice
550 Main Street
Suite 730
Knoxville, TN 37902

Phone Number
(865) 249-7200
(865) 540-1696 (fax)

GPS Coordinates
Long: 35.970504
Lat: -83.914776

contact us today for a free consultation

We reply to non-urgent after-hours requests for consultation within 24 hours. For after-hour emergencies, please call us at (865) 249-7200.

Fields marked with an * are required

    [recaptcha theme:dark]