Don’t Just Do Something, Stand There (And Save Your Driver’s License)

By: John Guidry

Have you ever been told, “Don’t just stand there, do something?”

Often, “doing something” is a terrible idea. Yet folks cannot seem to let go of this impulse to pretend that action—any action—will help the situation.

Seth Godin, in his Akimbo podcast, made a brilliant observation about this impulse:

“The idea that people in government need to ‘do something and do it right now’ because we are in pain is one of the weakest points of democracy… The alternative is to stand there. Not to stand there and ignore the situation, but to stand there and accept the situation… thinking as hard as we can to understand what that situation needs.”

sometimes, doing nothing is a good thing. It gives you time to think. And that’s the good news for today. It seems our legislature finally took a moment to think, and the result is a promising change to our criminal laws.

Did you lose your license over a minor drug charge?

The law has changed, but the paperwork is still tricky. Call John today at (407) 423-1117.

The Old Law: A 1-Year Suspension for a $350 Fine

When I started defending criminal cases in 1993, the license suspension for any drug conviction was two years. Later, it was reduced to one year.

Still, losing your ability to drive for a year because of a minor weed charge was excessive. It often took people by surprise because judges aren’t required to warn you about DMV penalties.

The Typical Call:

• Caller: “I paid a $750 fine for a marijuana citation. I thought it was over, but the DMV just suspended my license for a year.”
• Me: “Did you have a lawyer?”
• Caller: “No.”
• Me: “Unfortunately, that’s the law. A conviction—even for a small amount of weed—triggers an automatic suspension.”

If they had an attorney, we likely could have avoided the conviction (and the suspension) entirely. But that’s a story for another day.

The 2019 Fix: Reduced to 6 Months

The legislature finally updated the law (Florida Statute 322.055).

• The Good News: The mandatory driver’s license suspension for drug convictions was reduced from 1 year to 6 months.

The Wrinkle: “Compelling Circumstances” Under the old law, we could ask the judge to immediately grant a “Business Purposes Only” (BPO) license so you could drive to work. The law said the court “may, in its sound discretion,” grant this.

The new law tightened this language. Now, the statute says the court may grant a BPO license only “upon finding a compelling circumstance to warrant an exception.”

What counts as “Compelling”? While the statute doesn’t define it, my argument to the judge is simple: Losing your license leads to losing your job. Losing your job leads to losing your home. That is pretty compelling.

John’s 2026 Update: The Stakes Are Higher

Note: The 6-month rule is still the law in 2026, but the risks of driving during that suspension have skyrocketed.

1. The “Compelling” Standard Holds Up In the years since this law passed, judges have generally accepted that maintaining employment is a “compelling circumstance.”

• However: You must come prepared. Bring pay stubs, a letter from your employer, or proof of school enrollment. If you walk into court with just a sad story and no proof, the judge may deny the BPO license.

2. The “No Valid License” Trap Legislators have recently cracked down on people driving with suspended licenses.

• New Penalties: As of 2024/2025, repeat offenses for “Driving While License Suspended” or “No Valid Driver’s License” have been enhanced to first-degree misdemeanors with mandatory jail time in some cases.
• The Risk: If you decide to “risk it” and drive during your 6-month drug suspension, you aren’t just looking at a ticket. You are risking a new criminal record that is often worse than the original drug charge.

The Bottom Line: Do not just pay the fine and accept the suspension. We can often fight the drug charge to avoid the conviction entirely. If we can’t avoiding the conviction, we need to fight for that BPO license immediately so you can drive legally.

Call me at (407) 423-1117. Let’s keep you on the road.

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.