A Greybull man got into a testy exchange with Park County Circuit Court Judge Joey Darrah last week about driving being a right rather than a privilege. The hearing got heated enough that Darrah asked for law enforcement personnel to respond to the Powell courtroom.

Jacob Brawley, who turns 35 this year, was at the Park County Annex to dispute a pair of citations. They allege he drove without valid registration or a valid driver’s license on April 29. Court records indicate that Brawley was issued the $600 worth of tickets after being pulled over by the Park County Sheriff’s Office in rural Powell.

Brawley pleaded not guilty at the June 2 hearing, and Darrah mentioned that he could dismiss the charge if Brawley could provide proof that the Wyoming Department of Transportation (WYDOT) had made a mistake.

“I’ve got my proof right here,” Brawley responded. “It says, ‘operation of a motor vehicle upon public streets and highways is not a mere privilege, but is a right or liberty protected by the guarantees of federal and state constitution.’”

When Darrah asked what the man was reading, Brawley said it was “a Supreme Court ruling on operating a motor vehicle.”

Darrah, however, said driving is “a privilege, not a right.”

“No, it is a right. That’s what it said,” Brawley countered.

“Alright, I’m not going to argue with you,” Darrah responded.

As Brawley began to explain his defense to the other charge — related to the suspended license — the judge cut in. Darrah planned to issue his standard warning that anything a defendant says about the facts of their case can be used against them at a trial, but Brawley thought he was being prevented from speaking.

“I’m going to explain my case!” Brawley told the judge.

“Don’t interrupt me!” Darrah responded.

“You’re interrupting me!” Brawley shot back, prompting the judge to ask his clerk to have law enforcement respond to the courtroom.

After another back-and-forth, Darrah explained what he’d been trying to say.

“You don’t need to be disrespectful, OK?” the judge said. “I’m really easy to get along with, but if you want to yell at me, that’s where I draw the line.”

“You yelled at me first,” Brawley retorted.

When Darrah finished his explanation, Brawley went ahead and outlined his defense, telling the court that WYDOT had never sent him a letter telling him his license was revoked.

Court records indicate that Brawley’s license was suspended early this year, after he failed to pay a $140 ticket for driving with no registration in Hot Springs County. However, the records indicate he took care of the citation at least a week before the April traffic stop in Powell.

Darrah told the defendant last week that “it sounds like you may have a defense here.” 

Brawley initially said he’d be representing himself on the charges, but after the exchange with the judge, he said he would “love” to have a court-appointed attorney.

Not the U.S. Supreme Court

Whether Brawley’s public defender will see the law the same way as he does remains to be seen.

The quote Brawley cited about driving being a “right or liberty” appears to come from a 1966 ruling by the Idaho Supreme Court, titled Adams v. City of Pocatello. Although the opinion established driving as a right in Idaho, the justices also said it is “subject to reasonable regulation by the state.” In that and subsequent opinions, the Idaho court held that the state’s requirements for driver’s licenses, auto insurance and vehicle registration are constitutional.

In a 1985 opinion titled Gordon v. State of Idaho, the Idaho Supreme Court specifically found that the state’s vehicle registration mandate “reasonably furthers protection of public health, safety and welfare and, as such, is a proper exercise of the state’s police power.”

As for the legal situation in Wyoming, it appears to differ from Idaho’s, as state law makes multiple references to driving as a “privilege.”

The next hearing in Brawley’s case is set for early September, with a jury trial tentatively slated for Oct. 29.