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  A person whose license has been revoked under the Act is often referred to as a Habitual Motor Vehicle Offender or “HMVO.”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

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Office

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

Phone Number
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(865) 540-1696 (fax)

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