Wyllie cited for no drivers license in fight against Real ID after telling sheriff to "man up"
UPDATE: After this citation, I went to court and attempted to challenge the Constitutionality of
Real ID as it applies to driver's license issuing in
Florida. A few minutes into the argument, the magistrate (not judge) stopped the trial saying "This is huge." She postponed the trial so that the prosecution could prepare
. In the rescheduled trial, they opened a courtroom just for this case because of all the observers and media.
The State sent three prosecutors to observe the trial, and the circuit's most senior
Judge to preside. I argued my case using
Article 1,
Section 12 of the
Florida Constitution, multiple
SCOTUS precedents, the
Fourth Amendment of the
U.S. Constitution. The judge deliberated for one week, and returned a "guilty" verdict saying that I did not prove "beyond a reasonable doubt" that Real ID was unconstitutional.
Since that time, I have continued traveling without a driver's license. Though I have been in several situation where I have been followed by police officers, and should have been pulled over, I can't seem to get arrested for this.
I've spoken with my county sheriff about this on several occasions, an he will not commit to arresting me.
Apparently, on this matter at least, I have complete immunity.
I believe that I came very close to winning my first court case. I strongly believe that the state is unwilling to arrest me because they feel that I could win in a jury trial. Should that happen, Real ID would effectively be nullified in Florida.
UPDATE: In May of 2014, during my campaign for
Governor of Florida, I was arrested in the parking lot of a charity event that I was scheduled to appear. (
http://www.tampabay.com/blogs/the-buzz-florida-politics/libertarian-gov-candidate-adrian-wyllie-arrested-in-unconstitutional-real/2179101) Sen.
Jack Latvala, whom I have a rather adversarial relationship with, was also scheduled to be there. Three
Pinellas Sheriff's Office vehicles boxed me in as I parked, and I was arrested. During that trial, I again challenged the Constitutionality of Real ID.
Again, I lost. (https://www.youtube.com/watch?v=eBIPKKlFm2A)
In September 2014, I was again arrested in
Collier County. I will stand trial on March 2,
2015 for that offense.
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Adrian Wyllie, Chairman of the
Libertarian Party of Florida (http://www.lpf.org) and co-host of the syndicated radio talk show
Liberty Underground (http://www.1787network.com) laid down a challenge to
Pinellas County Sheriff Jim Coats to "man up" and pull him over for violating Florida statues regarding driver's licenses.
The sheriff quickly took him up on the challenge.
Wyllie argues that under the
Real ID Act, Floridians are required to waive their Fourth Amendment rights in order to obtain a drivers license, thus making the statue regarding drivers licensing as a precondition for the right to travel void.
To see the video of Wyllie surrendering his driver's license, visit http://www.youtube.com/watch?v=UOTOenwxsQI