“I Didn’t Know!”: Why the State Often Fails to Prove You Knew Your License Was Suspended

By: John Guidry

Know thy past and you’ll know thy future. The problem is, how do we really know what is true? There will always be skeptics.

• The Philosophy: A friend of mine—a judge—believes he is the only conscious being on Earth. To him, you can’t prove anyone else exists.
• The Reality: As a defense attorney, I love a good skeptic. If you can’t prove consciousness, how can you prove what is going on inside a driver’s head?

The Most Popular Crime in Florida For those watching “The News,” you might think Florida’s top crimes are murder or alligator wrestling. Not so. The most popular crime is Driving While License Suspended (DWLS).

• DWLS Without Knowledge: If you genuinely didn’t know, it is a civil traffic ticket (like speeding).
• DWLS With Knowledge: If you knew, it is a crime. It can land you in jail for 60 days, 1 year, or even 5 years as a Habitual Offender.

Did you get arrested for driving on a suspended license you didn’t know about?

If they can’t prove you knew, they can’t convict. Call John today at (407) 423-1117.

The Case: Stringfield v. State (The 15-Year Mistake)

In our real-life case, Mr. Stringfield was on probation. He was caught driving on a suspended license.

• The Stakes: Because the new charge violated his probation, the judge sentenced him to 15 Years in Prison.
• The Issue: To be a valid violation of probation, the new crime must be willful. The State had to prove Stringfield knew his license was suspended.

How Do You Prove Knowledge? According to Florida Statute 322.34(2), a prosecutor has three main boxes to check to prove knowledge:

1. Prior Citation: The driver was previously cited for the same suspension (and thus, told by a cop).
2. Admission: The driver admits, “Yeah, I knew it was suspended.”
3. Court Order: The driver received a Judgment or Order in court telling them they were suspended.

The Ruling: The Empty Boxes

The Appellate Court reviewed Stringfield’s 15-year sentence and looked for the proof.

• Box 1 (Prior Citation): The State failed to prove he had ever been cited for this before.
• Box 2 (Admission): Stringfield never admitted he knew.
• Box 3 (Court Order): The State failed to produce a court order or judgment showing he was notified.

The Driving Record Trap: Sometimes, prosecutors try to just hand the Judge a Driving Record and say, “Look, it says suspended!”

• The Law: The statute says a driving record creates a presumption of knowledge UNLESS the suspension is for Failure to Pay a Fine (D-6).
• The Result: Since Stringfield’s suspension was financial (failure to pay), the driving record alone was not enough to prove he knew.

The Verdict: The Court overturned the conviction and the 15-year sentence. Shawshank’d, all because the State couldn’t prove what was in his head.

John’s 2026 Update: The Digital Notification Trap

Note: In 2018, Stringfield won because they couldn’t find a paper trail. In 2026, the trail is digital.

1. The “MyDMV Portal” Argument In 2026, prosecutors argue that because you can check your license status instantly on the FLHSMV MyDMV Portal, you have “Constructive Knowledge.”

• The Defense: We fight this. Unless they can prove you actually logged in and saw the red “SUSPENDED” banner, the mere existence of the website doesn’t prove you looked at it.

2. Text & Email Alerts (Actual Notice) Many Clerks of Court now offer text message alerts for overdue payments.

• The Danger: If you signed up for text alerts and the Clerk sent you a message saying “Payment Overdue – Suspension Imminent,” the State will subpoena those phone records. That text message is considered Actual Notice, and it is much harder to deny than a lost letter in the mail.

3. The “Smart ID” Push Notification After the relaunch of Florida’s digital ID systems, prosecutors are trying to use Push Notifications as proof.

• The Argument: They argue that your digital wallet updated to show “Invalid,” so you must have seen it.
• The Counter: We argue that people ignore notifications or don’t open the app daily. Unless you opened the app and acknowledged the status, knowledge is still unproven.

Don’t Help Them Prove It

If you are stopped, never admit you knew. If the officer asks, “Do you know why your license is suspended?” the correct answer is, “I didn’t know it was.” Let the State try to prove otherwise.

Call me at (407) 423-1117. Let’s check the 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.