“No, I Won’t Do It”: When the DMV Overrules a Judge’s Order

By: John Guidry

For those of you who have kids, you’ve heard the phrase, “No, I won’t do it.” This sort of immature response happens in government as well. Take, for example, the historic dispute between Florida’s County Court Judges and Florida’s Department of Highway Safety and Motor Vehicles (DHSMV).

The Background:

• The Rule: Normally, if a Judge “Withholds Adjudication,” you are not convicted, and you get no points on your license.
• The Memo: The DHSMV sent a memorandum to all Clerks of Court explaining that the DMV would be rejecting any Judge’s withhold of adjudication for a CDL driver.

The Conflict: You’re a truck driver. You go to court. A Judge listens to your evidence and orders a Withhold of Adjudication. The DHSMV then rejects the Judge’s order.

• The Constitutional Problem: The United States has a “Separation of Powers.” The Judiciary interprets the law. The Executive (DMV) carries it out. For an agency to tell a Judge, “We don’t care what you ordered,” is a massive breach of that separation.

Are you a CDL driver trying to save your license?

A “Withhold” won’t save you anymore. Call John today at (407) 423-1117.

The Excuse: Federal “Anti-Masking” Rules

Why is the DMV acting like a petulant child? Federal Money. The DHSMV’s concern lies in the Commercial Motor Vehicle Safety Act (CMVSA).

• The Rule (49 C.F.R. 384.226): The State must not “mask” or “defer judgment” in a way that prevents a CDL violation from appearing on the record.
• The Threat: If Florida allows “masking,” the Feds cut off highway funding.

The “Masking” Myth: In criminal court, “Masking” usually means a diversion program (dismissal). A “Withhold” is different—it still appears on the record, it just carries no points.

• The Argument: Judges argued that a Withhold is not masking. It is a lawful sentence.
• The Response: The DHSMV didn’t care. They decided to treat every Withhold as an “error” and refused to process them.

John’s 2026 Update: The DMV Won (And It’s Not Close)

Note: In the early 2010s, this was a fight. In 2026, the fight is over. The Legislature sided with the DMV.

1. The “Conviction” Trap (F.S. 322.01(11)) To settle the dispute, the Florida Legislature amended the definition of “Conviction” in Florida Statute 322.01(11).

• The New Law: For CDL holders, “Conviction” now includes any determination of guilt, regardless of whether adjudication is withheld.
• The Result: A Judge can technically say, “I withhold adjudication,” in court. But the moment that paper hits the DMV in Tallahassee, the computer automatically treats it as a Conviction.

2. The “Withhold” is Now Dangerous If your lawyer asks the Judge for a “Withhold of Adjudication” thinking they are helping you, they are making a mistake.

• Why: It counts as a conviction for federal disqualification purposes. Two “Withholds” for serious traffic violations (like speeding 15+ over) will result in a 60-day CDL Disqualification.
• Points vs. Disqualification: You might avoid the “points,” but you will not avoid the suspension of your commercial privileges.

3. The Only Way Out: Dismissal or Amendment Because a Withhold is now useless for CDL drivers, our strategy has changed.

• Option A: We fight for a full Dismissal or Acquittal at trial.
• Option B: We negotiate to amend the charge to a non-moving violation (like “Improper Equipment”). This is the only safe plea deal for a CDL holder in 2026.

Don’t Let a “Withhold” End Your Career

The DMV doesn’t care about your job, and they don’t listen to Judges anymore on this issue. You need a defense strategy that understands the Federal rules.

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

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.