The Rental Car Trap: When Missing an Initial Can (or Can’t) Save You From Prison

By: John Guidry

Remember that old Hertz commercial from the ’70s with O.J. Simpson running through the airport like he’s heading towards the end zone? We don’t want to be late returning our rental car, do we? We might get charged for an extra day, an extra hour… or criminally charged with a felony.

Have you ever read your car rental agreement, or did you just rush through initialing all the boxes? Believe it or not, initialing those boxes (or failing to) may create some interesting legal issues later. And that is our real-life case for today.

The Case: State v. Sampaio

Sampaio was arrested for the felony of Failing to Return a Hired Vehicle.

• The Facts: He rented a car, he didn’t return it, and he signed “most of” his rental agreement.
• The Loophole: He conveniently skipped one very important box.

The “Warning Box” Law (Section 812.155) Florida Statute 812.155 makes it a third-degree felony to abandon or refuse to return rental property. However, this statute has a strict notice requirement. To prosecute you under this law, the rental contract must contain a specific warning in bold type, and you must initial it. The warning basically says: “If you don’t bring this back, you are going to jail.”

The Dismissal Sampaio did not initial this section. His attorney was sharp. He filed a Motion to Dismiss, arguing that because Sampaio didn’t initial the warning, the State couldn’t prosecute him under 812.155. The Judge agreed. Case dismissed.

The Twist: Criminal Law 101

Case closed, right? Sampaio walks free because he missed a box? Wrong.

On appeal, the State pulled a fast one that the trial judge missed. The prosecutor argued: “We didn’t charge him under 812.155. We charged him under 817.52.”

The “Other” Statute (Section 817.52) This statute is titled “Failure to Redeliver Hired Vehicle.” It punishes the exact same behavior (keeping the car), but guess what?

• It has NO notice requirement.
• It does not require you to initial a box.
• It does not require a warning in the contract.

The Ruling: The Fourth District Court of Appeal reversed the dismissal. They ruled that because the statutes punish similar conduct, the prosecutor can choose which one to use. Since they chose the one without the initial requirement, Sampaio was out of luck. The case was sent back to trial, and Sampaio faced 5 years in prison despite the missing initials.

The Lesson: Always read the Information (the charging document) before you read the police report. If the prosecutor charges the “easy” statute, your “technicality” defense goes out the window.

John’s 2026 Update: The “Turo” Felony

Note: In 2020, this was about Hertz and Enterprise. In 2026, it’s about Turo and Getaround.

1. The Peer-to-Peer Trap Many people think that because they rented a car from a “person” on an app like Turo, keeping it an extra day is just a civil dispute between two regular folks.

• Wrong. Florida law treats these app-based rentals the same as Hertz. If you keep the car after the reservation ends without extending it in the app, the host can report it stolen.
• In 2026, we see dozens of arrests where a guest thought they could just “pay the late fee later,” only to find a warrant for Grand Theft Auto.

2. The “Remote Kill” Factor Unlike Sampaio, who could just drive away, most modern rental fleets (and Turo hosts) have GPS trackers and Remote Kill Switches.

• The Defense: If the host disables the car remotely, we can argue you did not “refuse to redeliver” it—you were physically prevented from returning it by the owner’s actions. This is a new defense that didn’t exist in 1970s Hertz commercials.

3. The Demand Letter is Key Even under the stricter Sampaio statute (817.52), the State usually needs to prove you had “Intent to Defraud.”

• If you stayed in communication with the host, sent text messages trying to extend, or had a mechanical issue, we can prove you had no criminal intent.
• Warning: If you blocked the host’s number and ignored the app notifications? That is “Prima Facie” evidence of fraud.

Don’t Let a Late Fee Turn into a Felony

If you are holding a rental car past the due date and are afraid to return it, call us immediately. We can often arrange the return in a way that prevents your arrest.

Call me at (407) 423-1117. Let’s get that car back safely.

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.