As we wrote earlier this week (see below under Suggested by Author), Libertarian Party of Florida Gubernatorial candidate Adrian Wyllie had a court date yesterday, July 18, 2014, concerning his traveling without a Florida drivers license. In Judge Cathy McKyton's courtroom 18 of the Pinellas County Justice Center, Wyllie attempted to fight the state to establish a precedent that the Real ID Act of 2005 is unconstitutional and should not be a requirement for Floridians to obtain a driver's license. In the end, Wyllie pleaded 'no contest' and was ordered to pay a $258 fine; however, he left the courthouse with greater knowledge in how to fight the matter another day.
Wyllie was in court yesterday for a pre-trial hearing and he had filed a motion to dismiss the case of his arrest for driving without a driver's license. Wyllie had been driving for three years without a license and went to the extreme measure of calling police on the day he surrendered his license to the state in a concerted attempt to be arrested. It took three years for that to happen so he could 'have standing' in court to fight Real ID. Wyllie explains more about Real ID and driver's license during a 2011 radio show he used to co-host.
According to Wyllie, Judge McKyton was sympathetic to him and offered him much leeway (he was representing himself) and even advice during the hearing. Wyllie had one problem with his strategy: the statute under which he was charged (Florida Statute 322.03) did not involve Real ID or driver's license renewal. Wyllie may have been better off arguing, as others have successfully, that a normal citizen using his private vehicle for personal travel is not required to have permission from the State in order to do so. According to repeated U.S. Supreme Court cases, only those involved in commerce are required to do so, thereby making Florida Statute 322.03 unconstitutional. This argument has been made successfully in most cases around the country, however in some cases it has not.
Since this was a pre-trial hearing, and Wyllie's motion to dismiss the case was denied, the case was set to go to a jury trial in August. However, Judge McKyton advised Wyllie that he would not be able to present any constitutional arguments or Real ID during the trial. The result was Wyllie was able preserve the case for appeal to the Sixth Circuit court and adjudication was withheld.
Wyllie stated late yesterday he would continue to travel Florida roads without permission from the State of Florida. The knowledge Wyllie gleaned from Judge McKyton will also help him and others who are involved in this movement of asserting their rights to travel without a license in the state--a movement that is rapidly growing in numbers.