Driving While Suspended: Can the State Charge You Twice for One Trip?

By: John Guidry

By now, you should know that these articles are not written for those who want to feel intellectually superior. My articles don’t have the self-congratulatory Ivy League jargon necessary to make certain folks feel better about themselves. I spare you the legal jargon so the focus remains on what is happening at the ground level of Florida’s criminal justice system.

On to the topic of the day: Driving While License Suspended (DWLS).

Unfortunately, DWLS charges seem to be more popular than ever. And for anyone with criminal defense experience, it should come as no surprise that some prosecutors seek to waste taxpayer dollars by overcharging these acts.

Charged with a Felony DWLS after already handling the ticket?

You might be a victim of Double Jeopardy. Call John today at (407) 423-1117.

The DWLS Ladder: From Ticket to Felony

To understand the Florida Supreme Court case we are discussing today, you first need to understand the different levels of DWLS charges:

1. Without Knowledge (Ticket): If you didn’t know your license was suspended, it’s a civil traffic infraction. Not a crime.
2. With Knowledge (Misdemeanor): If you knew, it’s a 2nd Degree Misdemeanor.
3. With Prior Conviction: If you do it again, it upgrades to a 1st Degree Misdemeanor.
4. Habitual Traffic Offender (HTO): If you rack up three distinct DWLS charges in five years, you become an HTO. Driving as an HTO is a 3rd Degree Felony (punishable by up to 5 years in prison).

The Legal Breakdown: Gil v. State

Prosecutors often try to hit a defendant with every rung of the ladder for a single stop. This is what happened in Gil v. State, 118 So. 3d 787 (Fla. 2013).

• The Stop: Gil was stopped for speeding.
• The Charges: He was arrested for Misdemeanor DWLS and Felony DWLS as an HTO—both for the exact same act of driving.
• The Plea: Gil pled to the misdemeanor immediately.
• The Appeal: The State, not satisfied, continued to pursue the Felony HTO charge. Gil argued this violated Double Jeopardy (you can’t be tried twice for the same crime).

The Conflict: The trial court dismissed the felony, but the appellate court (3rd DCA) reinstated it, arguing that the two crimes were based on “entirely different conduct.” This forced the Florida Supreme Court to step in.

The “Degree Variant” Exception Florida Statute 775.021(4) generally allows multiple convictions for one act unless the offenses are “degrees of the same offense.” The Supreme Court sided with Gil. They ruled that because both Misdemeanor DWLS and Felony HTO DWLS are found in the same statute (Section 322.34) and punish the same basic conduct (driving without a license), they are just different degrees of the same crime.

Result: You cannot be convicted of both. The felony conviction was overturned.

John’s Takeaways

• One Drive, One Crime: If the police charge you with both a misdemeanor DWLS and a felony DWLS for a single traffic stop, they are violating your constitutional rights. We can get the duplicative charge dismissed.
• The “Race to the Plea”: Gil did one thing right—he pled to the misdemeanor before the State could fully secure the felony conviction. While the State tried to fight it, his quick action set up the Double Jeopardy defense that eventually won the case.
• Government Waste: The State spent years and thousands of dollars on appeals just to try to convict a guy twice for driving a car. This sort of wasteful spending doesn’t make the news, but it happens every day in our courts.

Don’t Let Them Double Dip

If you are facing multiple charges for a single traffic stop, the State might be overreaching. We need to ensure you aren’t punished twice for the same mistake.

Call me at (407) 423-1117. Let’s clear your 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.