The “Gaping Loophole”: How the Worst Drivers in Florida Avoid Felony Charges

By: John Guidry

Some folks say successful negotiations involve “Getting to YES.” I disagree. Too many people say “yes” just to get you off the phone. A better strategy is to get people saying “NO,” because “no” is a far more comfortable word.

• The Book: Never Split the Difference by Chris Voss explains why “no-based” questions work better. (e.g., instead of “Do you want to donate?” ask “Are you going to sit and watch them take the White House?”).
• The Application: Just as I negotiate by getting to “no,” I sometimes find legal victories by proving what my client didn’t have.

Quick Rant on “Free Advice” My website offers Free Consultations, not free legal advice.

• Consultation: “Can you help me with my case?” (Yes, I can).
• Advice: “How do I fix my own case?” (Become a client, and I’ll tell you). If I owned a car lot, you wouldn’t ask for a free car. Knowledge is my inventory.

Are you a Habitual Traffic Offender facing felony charges?

The law is full of loopholes. Call John today at (407) 423-1117.

The Case: Finney v. State (The Unlicensed HTO)

Today’s case involves a bad driving record. Really bad.

• The Defendant: Mr. Finney was a Habitual Traffic Offender (HTO) three times over.
• The Record: 11 convictions for DWLS and 2 DUIs.
• The Charge: He was caught driving again and charged with Felony Driving While License Suspended as an HTO.

The Loophole: You Can’t Revoke What Doesn’t Exist Finney’s attorney filed a Motion to Dismiss based on a technicality: Finney never had a driver’s license.

• The Law: Florida Statute 322.34(5) makes it a felony for a person “whose driver license has been revoked” to drive.
• The Argument: You cannot revoke a license that never existed.
• The Result: The Judge agreed and dismissed the felony.

The Prosecution Strikes Back (And Misses)

Angry about the dismissal, the State filed new felony charges under a different statute: Section 322.34(2)(c) (Driving on Suspended License with Prior Convictions).

• The Math: Finney had 11 priors; the State only needed 2 to make it a felony.
• The Problem: The statute applies to everyone “except persons defined in s. 322.264” (Habitual Traffic Offenders).

The Second Loophole:

• The Question: Who is defined in s. 322.264? (HTOs).
• The Catch: Because Finney is an HTO, he is explicitly excluded from this felony statute.
• The Ruling: The Appellate Court overturned the conviction.“Indeed, there appears to be a gaping loophole… an offender who is a habitual traffic offender but who has never had a driver’s license can escape felony punishment.”

Because Finney was too bad of a driver (HTO) but never bothered to get a license, he slipped through the cracks of both felony laws.

John’s 2026 Update: The “Dummy Number” & Ghost Records

Note: In 2017, Finney walked free. In 2026, the DMV has patched the software.

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

• The 2026 Strategy: Prosecutors argue that this “Dummy Record” counts as a “License” or “Privilege” for statutory purposes. They revoke the privilege attached to that number.
• The Defense: We still fight this! We argue that a computer-generated number is not a “Driver License” under the strict definition of the statute. It is a battle over semantics, but one we are winning in certain counties.

2. HTO Status is Automatic (AI-Driven) In Finney, they had to count his paper convictions.

• The Automation: Now, the Clerk of Court’s computer system automatically triggers HTO status the second you pay your third ticket.
• The Danger: You might become an HTO without knowing it just by paying a ticket online (“Clerk’s Option”). Never pay a DWLS ticket without talking to a lawyer—you might be pleading into a 5-year revocation.

3. License Plate Readers (ALPR) Mr. Finney was caught by a cop. You will be caught by a camera.

• The Tech: In 2026, police cars have cameras that scan every plate they pass. If the owner is HTO, the system screams an alert. You cannot hide in traffic anymore.

Don’t Drive HTO

The “Finney Loophole” is rare and risky. If you are HTO, the goal isn’t to find a loophole; it’s to fix your license so you don’t need one.

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