“Too Lazy to Get a License”: How the Worst Drivers Avoid Prison

By: John Guidry

Laws need not be logical to be legal.

• The Motorcycle Seatbelt: Does it make sense that a cop can ticket a motorcycle rider for no seatbelt? (What motorcycle has seat belts?).
• The Beer Paradox: An 18-year-old can die for their country or star in adult films, but they can’t drink a Miller Lite.

The “Progressive Disease” of DWLS Driving on a Suspended License (DWLS) is a progressive disease. It starts small but grows into a prison term.

• The Pathology: You get caught driving suspended three times.
• The HTO Status: The DMV labels you a Habitual Traffic Offender (HTO) and revokes your license for 5 years.
• The Felony: If you drive again, it is a 3rd Degree Felony (punishable by 5 years in prison).

The Paradox: How is it that a guy who never bothered to get a license gets caught 10 times and only gets a misdemeanor (60 days jail), while the guy who tried to follow the rules but lost his license goes to prison for 5 years?

Are you facing 5 years in prison for a license you never had?

The law might be on your side. Call John today at (407) 423-1117.

The Case: Burgess v. State (The Logic of “Nothing”)

In Burgess v. State, 2016 Fla. App. LEXIS 13279 (Fla. 2d DCA 2016), the defendant faced 5 Years in Prison for driving as an HTO.

• The Facts: Burgess was an HTO. He was caught driving.
• The Catch: Burgess never had a driver’s license in his life.

The Argument: Burgess asked a simple question: How can you “revoke” a license that never existed?

• The Statute: Florida Statute 322.34(5) makes it a felony for a person “whose driver license has been revoked” to drive.
• The Ruling: The Appeals Court agreed with Burgess.“Because a ‘driver’s license’ is a defined term referring to a physical certificate… a defendant who has never been issued such a certificate cannot be convicted… because a license that was never issued does not exist for the purposes of revoking it.”

The Result: Because he never had a license to revoke, he could not be guilty of the felony. He was only guilty of the misdemeanor “Driving With No Valid License.”

• The Outcome: No Prison.

The Conflict: Central Florida vs. The Rest

Depending on where you live, this loophole might save you—or fail you.

• The Good Districts: The 2nd DCA (Burgess) and 3rd DCA (State v. Miller) say: No License = No Felony.
• The Bad Districts: The 5th DCA (Orlando/Central Florida) and 4th DCA say: We don’t care. You have a “driving privilege” that was revoked, so go to prison.

There is so much disagreement that the Florida Supreme Court has been asked to settle this once and for all.

John’s 2026 Update: The Supreme Court & The “Ghost License”

Note: In 2016, we had a circuit split. In 2026, the loophole has been closed by the “Ghost License.”

1. The Supreme Court Ruling (State v. Miller) Shortly after Burgess, the Florida Supreme Court finally ruled in State v. Miller (2017).

• The Win: They agreed with Burgess! They ruled that if you never had a license, you cannot be convicted of the HTO felony.
• The Logic: “The State cannot revoke a license that never existed.”

2. The Legislative Fix: “Ghost Records” The State didn’t like losing. So, they changed the game.

• The 2026 Reality: Now, when you get your first ticket without a license, the DMV automatically creates a “Ghost Record” (or “Dummy License”) for you in the database.
• The Trap: When you hit HTO status, they officially revoke the privilege attached to that Dummy Number.
• The Prosecution: Prosecutors now charge you under the Amended Statute, which criminalizes driving with a revoked privilege (even if you never held a physical card).

3. “Clerk’s Option” Danger Many people trigger this HTO status by paying tickets online (“Clerk’s Option”) without realizing it counts as a conviction.

• Advice: Never pay a DWLS ticket online without checking your HTO status first. You might be clicking your way into a felony.

Don’t Drive HTO

Whether you have a license or a “Ghost Record,” driving as an HTO is the fastest way to turn a traffic stop into a prison sentence.

Call me at (407) 423-1117. Let’s fix your record before you drive.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.