The “Clerk’s Option”: How to Make Your Suspended License Case Disappear Without a Judge

By: John Guidry

Imagine this: You are charged with a crime—Driving While License Suspended (DWLS). You have a court date. You have a Judge assigned. You have a prosecutor assigned. And then, somehow, you snap your fingers and all of them vanish. No court date, no judge, no conviction.

Is this possible? Yes. It is called the Clerk’s Option.

Did you fix your license before your court date?

You might not have to go to court at all. Call John today at (407) 423-1117.

What is the Clerk’s Option?

Florida Statute 322.34(11)(a) is a little-known law that allows a driver to resolve certain DWLS charges directly with the Clerk of Court.

• The Deal: You plead Nolo Contendere (No Contest) to the Clerk and show proof that your license is now valid.
• The Result: The Clerk accepts the plea, and Adjudication is Withheld. The case is closed. You never set foot in a courtroom.

Who Qualifies? This option is available if your license was suspended for “Financial Responsibility” reasons, such as:

1. Failure to pay a civil penalty (traffic ticket).
2. Failure to appear for a traffic summons.
3. Failure to attend a driver improvement course.

The “Magic” HTO Benefit

Here is the most beautiful part of this statute: It does not count toward Habitual Traffic Offender (HTO) status.

• The Rule: Typically, three DWLS convictions (even with a Withhold of Adjudication) will trigger a 5-year HTO license revocation.
• The Exception: A Withhold received under the Clerk’s Option does not count as a strike. It is a “safe” plea.

The Deadline: You must exercise this option before your first court appearance.

• Traffic Rule 6.360(b): If you need more time to clear your license, the Clerk is authorized to give you an extra 60 Days. (Beware: Most clerks don’t know this rule exists. We often have to print it out and show them).

The Problem: Ignorant Clerks

Most Clerks of Court are unfamiliar with this option.

• The Common Response: “You can’t pay this here. It’s a criminal charge. You have to go to court.”
• The Truth: That is false. The statute explicitly says the driver may elect this option “in lieu of payment of fine or court appearance.”
  • Translation: The law was created specifically so you don’t have to go to court.

If the Clerk refuses to accept your plea, do not give up. You need an attorney to step in and force them to comply with the statute.

John’s 2026 Update: Fighting the “AI Gatekeeper”

Note: In 2013, we argued with a person at a counter. In 2026, we fight with a kiosk.

1. The “Smart Kiosk” Block In 2026, most courthouses have replaced window clerks with Automated Kiosks or Online Portals.

• The Trap: The software is often hard-coded to reject any case labeled “Criminal.” If you try to pay a DWLS online, the screen flashes: “MANDATORY COURT APPEARANCE.”
• The Fix: We now have to file an “Emergency Motion to Compel Statutory Compliance” to force the IT department to unlock the case so we can enter the plea. The robot is wrong, and we know how to override it.

2. The Disposition Code Audit The HTO benefit is the main reason to use this option.

• The 2026 Risk: The DMV’s computer system is fully automated. If the Clerk enters the generic code for “Adjudication Withheld” instead of the specific “Clerk’s Option Withheld” code, the DMV’s AI will count it as a strike against your license.
• The Defense: After we use the Clerk’s Option, we audit your driving record to ensure the Disposition Code is correct. If the Clerk coded it wrong, we force them to amend it before you get an HTO letter.

3. Digital Reinstatement You no longer need a paper card to prove your license is valid.

• The Tech: We can now upload a screenshot of your Florida Smart ID status directly to the Clerk’s portal as proof of compliance. This makes the process faster—if the portal is working.

Don’t Let Them Force You Into Court

The Clerk’s Option is a statutory right. If you have fixed your license, you shouldn’t have to face a prosecutor. Let us handle the bureaucracy.

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

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.