Posted on Oct 17, 2022
Do I have a Constitutional right to travel without a driver's license?
2.51K
44
48
2
2
0
Do i have the right to travel in my personal automobile upon the public highway and to carry my personal belonging, without being interfered with by the state officals, or any other enity without due process of the law, unless i have commit a crime or broken a law.
Posted 2 y ago
Responses: 17
PVT Kenneth Mills, it depends on the meaning of "have" -
Must you possess a valid driver's license, even if it isn't physically on you?
- while you TRAVEL? No.
- while you DRIVE (i.e., operate a motor vehicle)? Yes (see next question).
Must you possess a valid driver's License on your person?
- while you TRAVEL? No.
- while you DRIVE (i.e., operate a motor vehicle)? Maybe.
If you are driving without a valid license on your person, you are not breaking a federal law, but you probably are breaking a state law. For instance, if you don't have your license and registration on you in Virginia, you will have a $10 fine tacked on to whatever you're being ticketed for. However, in California, the fine is $250 and stands by itself (the police pulled you over because your car matched a BOLO .. you're not it, but don't have your license on you).
Obviously there are many situations where you are required to produce photo ID to do something (enter certain buildings/property, buy certain items, crossing the US border, etc.).
To the text of your question - Sure, you have the right to travel on the public highway, etc. etc. without interference unless:
- you have committed a crime or broken a law
- There is reasonable suspicion that you have or are going to commit a crime or break a law.
Additionally, there are states that have stop and identify laws (about half the states) where you are required to identify yourself to law enforcement if asked. However, again the police officer has to have the reasonable suspicion that you are involved illegal conduct or that you about to do illegal conduct. In these states if you fail to identify yourself (you don't have to have ID on you, but you must identify yourself), the officer can arrest you until identification is made.
To your greater question (probably) about having a constitutional right to operate a vehicle without needing a license. No, you do not have a constitutional right.
There are many sites that you can find on the internet that will claim that you do. They'll even quote an excerpt from a Supreme court case from the 30s that 'proves' it:
"The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will."
However, they always leave out the following paragraphs from that exact case from their "proof":
"The exercise of such a common right the city may, under its police power, regulate in the interest of the public safety and welfare; but it may not arbitrarily or unreasonably prohibit or restrict it, nor may it permit one to exercise it and refuse to permit another of like qualifications, under like conditions and circumstances, to exercise it.
The regulation of the exercise of the right to drive a private automobile on the streets of the city may be accomplished in part by the city by granting, refusing, and revoking, under rules of general application, permits to drive an automobile on its streets; but such permits may not be arbitrarily refused or revoked, or permitted to be held by some and refused to other of like qualifications, under like circumstances and conditions."
Must you possess a valid driver's license, even if it isn't physically on you?
- while you TRAVEL? No.
- while you DRIVE (i.e., operate a motor vehicle)? Yes (see next question).
Must you possess a valid driver's License on your person?
- while you TRAVEL? No.
- while you DRIVE (i.e., operate a motor vehicle)? Maybe.
If you are driving without a valid license on your person, you are not breaking a federal law, but you probably are breaking a state law. For instance, if you don't have your license and registration on you in Virginia, you will have a $10 fine tacked on to whatever you're being ticketed for. However, in California, the fine is $250 and stands by itself (the police pulled you over because your car matched a BOLO .. you're not it, but don't have your license on you).
Obviously there are many situations where you are required to produce photo ID to do something (enter certain buildings/property, buy certain items, crossing the US border, etc.).
To the text of your question - Sure, you have the right to travel on the public highway, etc. etc. without interference unless:
- you have committed a crime or broken a law
- There is reasonable suspicion that you have or are going to commit a crime or break a law.
Additionally, there are states that have stop and identify laws (about half the states) where you are required to identify yourself to law enforcement if asked. However, again the police officer has to have the reasonable suspicion that you are involved illegal conduct or that you about to do illegal conduct. In these states if you fail to identify yourself (you don't have to have ID on you, but you must identify yourself), the officer can arrest you until identification is made.
To your greater question (probably) about having a constitutional right to operate a vehicle without needing a license. No, you do not have a constitutional right.
There are many sites that you can find on the internet that will claim that you do. They'll even quote an excerpt from a Supreme court case from the 30s that 'proves' it:
"The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will."
However, they always leave out the following paragraphs from that exact case from their "proof":
"The exercise of such a common right the city may, under its police power, regulate in the interest of the public safety and welfare; but it may not arbitrarily or unreasonably prohibit or restrict it, nor may it permit one to exercise it and refuse to permit another of like qualifications, under like conditions and circumstances, to exercise it.
The regulation of the exercise of the right to drive a private automobile on the streets of the city may be accomplished in part by the city by granting, refusing, and revoking, under rules of general application, permits to drive an automobile on its streets; but such permits may not be arbitrarily refused or revoked, or permitted to be held by some and refused to other of like qualifications, under like circumstances and conditions."
(10)
(0)
SGT (Join to see)
Prove you’re right by demonstrating all the sovereign citizen claims that have been successful in court.
(1)
(0)
COL Randall C.
PVT Kenneth Mills, I've already laid out that the Supreme Court has held that you have a constitutional right to travel on the highway, but that travel may be regulated in the interest of safety and welfare.
I've also shown that the one paragraph that those that claim driver licenses are unconstitutional claim as their proof is belied by the following two paragraphs .. which all those that claim it is unconstitutional conveniently leave out in their claim.
I'm more than willing to have a debate about this with you. However, in order to have a debate, you must present your facts, not just your opinion. As SGT (Join to see) stated - prove you're right.
I've also shown that the one paragraph that those that claim driver licenses are unconstitutional claim as their proof is belied by the following two paragraphs .. which all those that claim it is unconstitutional conveniently leave out in their claim.
I'm more than willing to have a debate about this with you. However, in order to have a debate, you must present your facts, not just your opinion. As SGT (Join to see) stated - prove you're right.
(0)
(0)
5
5
0
I don't remember the part in the constitution where it says I can drive without a license. Pretty sure it's not in Bill of Rights either
(5)
(0)
SFC (Join to see)
PVT Kenneth Mills Hitchens's Razor.
What can be asserted without evidence can also be dismissed without evidence.
You have provided no evidence other than stating I am wrong and you are right, then demanding that I prove you wrong.
What can be asserted without evidence can also be dismissed without evidence.
You have provided no evidence other than stating I am wrong and you are right, then demanding that I prove you wrong.
(0)
(0)
Driving a vehicle is not a constitutional right. You can't evoke the constitutional here. Now, there are other rights that can be evoked like when it comes to the government seizing and searching you.
(5)
(0)
PVT Kenneth Mills
we're not talking about the goverenment. we're talking about the state regulating the public highway system.
(0)
(0)
PVT Kenneth Mills
state only CPT, can't regulate movement of a person. Go back and refresh your memory.
(0)
(0)
SGT Hector Rojas, AIGA, SHA
PVT Kenneth Mills - the state is not regulating your movements guy, it is regulating how you operate a vehicle, any vehicle. Want to use a public highway? ride a bike or walk alongside it.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google