Pensacola man argues you can't have your license revoked if you never had one to begin with

From staff reports | Pensacola News Journal

A Pensacola man tried a creative argument to overturn a nearly three-year prison sentence.

In 2014, an officer pulled over Willie Maurice Floyd, now 37, for driving nearly double the speed limit. The officer discovered that Floyd’s license had been suspended or revoked

some 15 times — and that it was still revoked.

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The state charged Floyd with violating a Florida statute that says “any person whose driver license has been revoked pursuant to (the habitual traffic offender statute) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.” Under the statute, Floyd was sentenced to 33.5 months in prison.

In an appeal, Floyd argued that he never possessed a driver's license, only a learner’s permit. His argument to the court was that the statute should not have been applied to him because “a learner’s permit is not a driver’s license.”

The court responded Tuesday that if Floyd were correct on that point, he would have prevailed in his appeal. “But he is not correct,” the court opinion noted.

Although it is colloquially referred to as a “learner’s permit,” the Florida Legislature classifies what Floyd held as a “learner’s driver license," and it

authorizes a holder to drive a motor vehicle, albeit with certain restrictions.

Based on those grounds, the appellate court determined that the statute did apply to Floyd, and that his conviction and sentence will stand.

According to Florida Department of Corrections records, Floyd completed his sentence earlier this year.