The Digital Dark Age vs. The DMV: Why Your Driving Record Lives Forever

By: John Guidry

I’ve been recording bands and artists since my high school days, but I sold my recording studio back in 2010. Recently, I was going through a box of “junk” wires and stumbled across some old ADAT tapes and reel-to-reel tapes.

The Problem: I cannot play them. These tapes were made for my old 8-track Fostex and an Alesis ADAT machine. They look like VCR tapes, but they won’t play in a VCR. These band memories are lost forever. Technology has changed so much that I can’t even play the memories I once made.

This reminds me of an article by Robby Berman, Is There Going to Be a Big Hole in History Where the 21st Century Was? He warns of a “Digital Dark Age.” One day, our kids will find a trunkful of hard drives and have no way to read them. All our photos and memories will return to their original form—sand.

Is an old ticket from the 90s coming back to haunt your license?

The DMV never forgets, but we can fight back. Call John today at (407) 423-1117.

The South Park Lesson (Cartman’s Wii)

This lesson was also taught to us by Cartman on South Park (Episode: “Go God Go”). Cartman couldn’t wait three weeks for the release of the Nintendo Wii, so he froze himself. The Glitch: He overshot the release date by 500 years. When he woke up, he was told everyone he knew was dead. His response? “I don’t care, is there a Nintendo Wii?” There was one left in a museum, but—just like my ADAT tapes—the future had no TV to connect it to.

The Myth: This brings me to a technological myth that needs to be cleared up. Many folks believe that, like old technology, the DMV will “forget” your driving record after seven years. Wrong. The DMV never forgets. They are the only institution immune to the Digital Dark Age.

The Case: Dolan v. DHSMV (The 25-Year Nightmare)

Our real-life example of the DMV’s elephant-like memory comes from Dolan v. Department of Highway Safety and Motor Vehicles (Broward County Case No. CACE17-007958).

• The Suspension: Dolan’s license was suspended for 5 years as a Habitual Traffic Offender (HTO).
• The Reason: He had three prior convictions for Driving While License Suspended (DWLS).
• The Dates:
  • Conviction 1: 1989
  • Conviction 2: 1991
  • Conviction 3: 1993

The Absurdity: The third conviction happened in 1993. The DMV waited until 2017—almost 25 years later—to suspend him. If the DMV had done its job in 1993, his suspension would have ended in 1998. Instead, they waited a quarter-century to drop the hammer.

The Ruling: No Statute of Limitations

Dolan sued, arguing that a 25-year delay violated his Due Process rights. If our government had any heart, they would have granted him relief. But the DMV is its own little dictatorship.

The Result: The Court sided with the DMV. Relying on DHSMV v. Hagar, the court ruled that Florida’s HTO law “does not prescribe any time limitation or period in which the department may take action.”

• Even Judge Rodriguez, who concurred with the ruling, expressed frustration, noting his mother used to say, “In a hundred years no one will remember anything you did.”
• The Judge’s Conclusion: “As it stands now, the Department would remember forever!”

John’s 2026 Update: How We Fight the “Ghost” Tickets

Note: In 2026, we don’t argue “Due Process” against the DMV (because they win). We attack the source.

1. Motion to Vacate Old Convictions Since we know the DMV won’t erase the HTO status, we have to erase the convictions that caused it.

• The Strategy: We go back to the court that handled that 1993 ticket. We file a Motion to Vacate Plea.
• The Argument: We argue that when you paid that ticket (or pled no contest), you were not warned that it would cause a 5-year HTO revocation. This is a violation of due process under cases like Strickland v. State.
• If we can get just one of the three old tickets thrown out, the HTO status collapses, and you get your license back immediately.

2. Clerical Error Audits In 2026, the DMV’s computer systems often merge records incorrectly.

• We audit your lifetime driving record. Often, we find that a “civil” ticket (driving without knowledge) was wrongly entered as a “criminal” ticket. We force the Clerk of Court to fix the code, which removes the strike from your HTO count.

3. The Hardship License If we can’t vacate the old tickets, you don’t have to wait 5 years.

• After 1 year of the suspension, you are eligible to apply for a Hardship License (Business Purposes Only). We help clients navigate the Bureau of Administrative Reviews (BAR) to get you back on the road legally.

Don’t Let the DMV Haunt You

If you just received a suspension notice for something you did when Seinfeld was still on the air, do not ignore it.

Call me at (407) 423-1117. Let’s delete that history.

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.