Judge Cathy McKyton: Denies Adrian Wyllie’s Motion, Grants a Fair Hearing

by Haydee Oropesa

Yesterday I stood with Adrian Wyllie as standby counsel while he represented himself in arguing a Motion to Dismiss on constitutional grounds before Judge Cathy McKyton.  Brendon Mclaughin from ABC Action News was there to cover the story.  Adrian Wyllie (who is running in Florida’s Gubernatorial race as a Libertarian candidate) is a great American.  He doesn’t just talk the talk, he walks the walk.  Read about Adrian Wyllie here.    I was able to witness and had the privilege of supporting and standing with him in his fight to protect our civil rights.  Adrian fought as a non-lawyer and did an admirable job.

Adrian’s motion attacked the constitutionality of Florida Statute 322.03  which requires Floridians to be licensed in order to operate a motor vehicle.  Here is Adrian’s Motion to Dismiss.  The State filed a Motion to Strike.  Adrian’s Response .  Judge McKyton denied the State’s Motion to Strike.  Ultimately, Judge Mckyton well articulated the legal reasons for denying Adrian’s motion but before doing so what she did grant him was the opportunity to fully argue his legal position, make a complete record, and her judicial demeanor in treating him as a pro se litigant was exceptional.  Adrian argued that 322.03 is defective constitutionally because the requirements to obtain a driver’s license in Florida (which follows the Federal government’s Read ID ACT ) are unconstitutional in that by complying with the requirements you must waive your 4th Amendment right to privacy.   Judge McKyton in explaining her ruling suggested that perhaps Adrian might want to consider an alternative form of legal attack by challenging the statute that governs the requirements (what Adrian has a legal issue with) of obtaining a driver’s license 322.08 instead of 322.03.    Although Judge McKyton did not express a position on this important constitutional issue, it did appear that she understood Adrian’s battle and may even have been sympathetic to the cause.  The fight is not over and Adrian will continue in his mission of challenging the requirements of obtaining a Florida driver’s license pursuant to Real ID, stay tunned….

Special Mention: The bailiff featured in the picture below is Deputy Isham from the Pinellas County Sheriff’s Office, what an incredibly professional law enforcement member of Sheriff Gualtieri’s agency.