The “Never Had a License” Defense: How to Beat a Felony DWLS Charge

By: John Guidry

Orlando has its fair share of drivers without licenses. When a driver is pulled over and the officer discovers no valid driver’s license on file, the officer’s knee-jerk reaction is to simply charge Driving While License Suspended (DWLS).

• The Stakes: If you have enough prior tickets, the State will charge you with a Felony (Habitual Traffic Offender), punishable by up to 5 years in prison.

But not so fast. DWLS means that the driver PREVIOUSLY had a license, and it was suspended or revoked. The Question: Can a person who has NEVER had a license be charged with driving on a suspended one? The Answer: In certain felony situations, NO.

Are you facing a Felony HTO charge but never had a license?

You might be legally innocent of the felony. Call John today at (407) 423-1117.

The Case: Crain v. State (The Smart Jury)

Let’s look at how the Appeals Court sorted this out in Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012).

• The Charge: Crain was convicted of Felony DWLS as a Habitual Traffic Offender (HTO) under Florida Statute 322.34(5).
• The Facts: Crain had never actually owned a valid driver’s license.

The Trial: The jury instruction required the jury to find Crain guilty if he drove while his “driver’s license or driving privilege” was revoked.

• The Problem: The actual statute (F.S. 322.34(5)) says a person is guilty if their “driver’s license has been revoked.” It doesn’t say “privilege.”
• The Jury’s Question: The jury actually asked: “Can you have the privilege taken away if you’ve never had a license?” (Smart jury!). The Judge refused to answer.

The Ruling: Strict Construction Wins

The Appeals Court overturned the felony conviction. They applied a fundamental principle of law: Strict Construction.

• The Logic: Penal statutes must be read literally. The HTO statute applies to “Any person whose driver’s license has been revoked.”
• The Conclusion: Since Crain never had a license, his license could not be revoked. Therefore, the statute did not apply to him.

The Court reduced his conviction from a Felony (5 Years) to a Misdemeanor (No Valid Driver’s License).

John’s 2026 Update: The “Dummy Number” & “No Valid” Strategy

Note: In 2012, this was a novel argument. In 2026, it is a battleground between different Appellate Districts.

1. The “No Valid Driver’s License” (NHDL) Strategy The goal in these cases is to get the charge downgraded to No Valid Driver’s License (NHDL) (F.S. 322.03).

• Why it Matters:
  • HTO Felony: 5 Years Prison + 5 Year Revocation.
  • NHDL Misdemeanor: 60 Days Jail Max (usually just a fine) + NO HTO Strike.
• The Strategy: If you never had a license, we cite Crain to dismiss the felony. Even if the prosecutor argues “privilege,” we argue that the specific HTO statute requires a physical license.

2. The DMV “Dummy Number” Trap If you never apply for a license but get a ticket, the DMV creates a record for you anyway. They assign you a “Dummy Number” (usually starting with your last initial).

• The Risk: Prosecutors try to use this Dummy Number to claim you “had a record” that was suspended. We fight this by proving you never actually held the license, maintaining the Crain defense.

3. Operation Green Light If you never got a license because you couldn’t afford the fines from old tickets, watch for “Operation Green Light.”

• The Event: Every year, Florida Clerks of Court offer a week where they waive collection fees (saving you 40%). This is the best time to pay off the “No Valid” tickets so you can finally get a real license.

Don’t Let Them Invent a License Just to Suspend It

If you never had a license, you shouldn’t be treated like a Habitual Offender who threw their privilege away. We know how to force the State to charge you correctly—as an unlicensed driver, not a felon.

Call me at (407) 423-1117. Let’s check your DMV status.

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.