Science vs. Law: Why the “Never Had a License” Defense Exposes the Truth

By: John Guidry

One of the cool things about criminal law is that our evidence, disputes, and analysis are open to the public. If an “expert” claims that XYZ is true, that expert is subject to cross-examination. He must answer the opposing side’s questions (redundant, I know).

Science is different. As Dr. Henry Bauer notes, the culture of science often discourages dissent. “Scientific truth” is frequently subject to the whims of those who award research money, and dissenters are ignored by peers who seek to enforce orthodoxy. As Max Planck famously said, “Science advances one funeral at a time.”

The Criminal Court is different. Our system is far more intellectually honest. When judges disagree, they write public opinions. Today, we are going to examine one of these disagreements regarding the popular charge of Driving While License Suspended (DWLS).

Are you charged with driving on a suspended license… even though you never had one?

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

The Paradox: How Can You Suspend What Doesn’t Exist?

At first glance, an arrest for DWLS implies that the citizen at one time possessed a valid driver’s license that has since been suspended. The Reality: Many folks in Florida have never had a license. The Question: Can a person who never had a license be convicted of driving on a suspended one?

Specifically, we are looking at Habitual Traffic Offenders (HTO).

• The Statute: Florida Statute 322.34(5) says: “Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender)… is guilty of a felony.”
• The Defense: It says “Driver’s License.” It does not say “Privilege.” If I never had a license, you can’t revoke it.

The Split: Carroll (Bad) vs. Crain (Good)

Florida courts disagree on this issue, and your fate depends on where you live.

The Bad Case (Carroll v. State – 2nd DCA) In Carroll, the defendant argued he couldn’t be an HTO because he never had a license.

• The Ruling: The Court disagreed. They bought the State’s argument that “Driver’s License” and “Driving Privilege” are interchangeable. Even though the statute says license, the legislature meant privilege.
• The Result: Conviction upheld.

The Good Case (Crain v. State – 1st DCA) In Crain, the First District Court of Appeal looked at the exact same facts but reached the opposite conclusion.

• The Ruling: Penal statutes must be strictly construed. The legislature knows the difference between “license” and “privilege” because they use both terms in other laws. Since 322.34(5) only says “license,” it does not apply to unlicensed drivers.
• The Result: Felony conviction vacated and reduced to a misdemeanor.

The Bad News for Orlando (State v. Bletcher) Unfortunately, my local Fifth District Court of Appeal (Orlando) agrees with Carroll. In State v. Bletcher, 763 So. 2d 1277, they ruled that “never had a license” is not a defense to the felony charge.

John’s 2026 Update: The “Dummy Number” Trap

Note: In 2012, this was a battle over definitions. In 2026, it is a battle over administrative data.

1. The DMV “Dummy Number” To get around the “Never Had a License” defense, the Florida DHSMV now assigns a “Dummy License Number” (usually starting with your last initial) to anyone who receives a ticket but has no record.

• The Trick: They attach all your tickets to this dummy number. When you hit 3 major offenses, they revoke the “Privilege” associated with that dummy number.
• The Argument: Prosecutors now argue that this dummy record is the “License” for statutory purposes, effectively closing the loophole in many courts.

2. The HTO Status is Automatic In 2026, the HTO revocation is fully automated by computer.

• The Danger: You don’t get a hearing. You just get a letter (to an address you might not live at) saying your privilege is gone for 5 years.
• The Defense: We attack the underlying convictions. If we can vacate one of the three tickets that caused the HTO status, the felony charge collapses, regardless of whether you had a license or not.

3. “No Valid” vs. “Suspended” If you truly never had a license, we fight to reduce the charge to No Valid Driver’s License (NVDL).

• The Difference:
  • HTO (Felony): 5 Years Prison.
  • NVDL (Misdemeanor): 60 Days Jail Max (usually a fine).

Don’t Let Them Rewrite the Law

The State loves to argue “Legislative Intent” when the plain text of the law hurts their case. We know how to hold them to the strict letter of the statute.

Call me at (407) 423-1117. Let’s look at your driving record.

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.