The court issued a unanimous opinion yesterday.

They overturned a circuit judge's dismissal of an indictment in May 2005 against Robert L. Sarver of Roane County.

Police had charged Sarver with operating an ATV on a county road after he lost his license following a third-offense drunken driving charge.

Judge David Nibert dismissed the case since ATVs do not require any kind of driver's license to operate on a public highway.

The high court ruled that Judge Nibert erred when he dismissed the indictment against Sarver.

Concurring with Prosecutor Mark Sergent, they ruled that driving is a privilege, and drivers licenses that grant such a privilege apply to any and all modes of transportation that are motorized.

Sarver essentially contended he could use his ATV for transportation, since no driver's license is required.