The appeals court eventually sided with the defendant. The First District said the law was ambiguous on this particular question because the state legislature didn’t define the term “driving privilege.” It noted, however, that a separate law requires anyone operating a motor vehicle in the Sunshine State to have “a valid license issued by the State of Florida or fall under an exception to licensure.” As a result, the court said the term driving privilege referred to anyone who can lawfully operate a vehicle in Florida, even if they don’t have a driver’s license. Since the defendant didn’t have a license and didn’t fall under one of the exceptions to the license requirement, the court said he should have been charged with driving without a license rather than driving with a revoked license.

“If the State’s position were correct and people had an innate privilege to drive, there would be no need for obtaining a license and persons could not be punished for driving without one,” the court explained. “Florida courts have consistently stated that a license to drive is a privilege, not a right that is subject to regulation.”

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