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TALLAHASSEE, Fla. (AP) — You can face felony charges in Florida for repeatedly driving with a revoked license — but if you don’t bother getting a driver’s license at all, apparently those charges don’t apply.

The Florida Supreme Court ruled Thursday that drivers can’t face increased penalties for habitually violating traffic laws if they never obtained a license to begin with, an argument state lawyers said makes no sense.

Daryl Miller faced up to five years in prison under a law that makes it a third-degree felony for being caught three or more times driving a motor vehicle with a suspended or revoked license. But Miller never obtained a license and the Supreme Court noted the law doesn’t address that scenario.

It said Miller could only be charged a second-degree misdemeanor for each infraction.