QUESTION
Can I travel freely by driving without getting a license from the state?
Asked on Jul 10th, 2013 on Personal Injury - Nevada
More details to this question:
I would like to drive without having to get a state license. I understand that the United States Constitution guarantees us the right to travel the roads of the land freely.
11 ANSWERS
Ronald A. Steinberg
Horse manure. There is no constitutional right to drive a car. You may have the right to travel throughout the country, but that means walking, taking a bus, taking a taxi, riding a bike, using a skateboard. If you intend to operate a motor vehicle on a public roadway, you need permission from your state of residence. No permission, no driving period. If you get a license (permission from the state to use the roadways with a motorized vehicle), and then you prove not competent to continue to use the roadways (speeding, reckless driving, acting stupid and irresponsible), then your permission can be restricted or permanently revoked. There are some people out there who get their legal information on lavatory walls, or in graffiti spray painted on the sides of buildings. That legal information is not correct.
Answered on Aug 15th, 2013 at 7:58 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You do have a constitutional right to travel. You do not, however, have a constitutional right to drive. Since a motor vehicle can be a very dangerous instrumentality in unskilled hands, the state if fully justified in demanding proof that you can operate a motor vehicle without endangering anybody, and in reserving the right to revoke your driver's license if your conduct shows that you tend to disregard the rules of the road and the safety of the people around you. It's okay to wish to be a rebel. Just remember that, if you pick a cause without some good thinking, your crusade cheapens the idea that our constitutional liberties are precious and must be protected.
Answered on Jul 14th, 2013 at 10:55 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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The United States Constitution guarantees your right to travel. That may include walking, hopping, skipping, uni-cycling, bicycling, tri-cycling, kayaking, or public transportation. If you want to travel by motor vehicle, you will need a state-issued license for that privilege.
Answered on Jul 14th, 2013 at 10:54 PM
While the right to travel can not be restricted by the government, the states are legally entitled to enact regulations for the use of the highways. There are numerous sound reasons for that, especially providing for the safety of others using the roadways. So you need to follow state law which will mean getting a valid license to drive a car. You can walk any where without a license or be a passenger in any mode of transportation, but restrictions can be applied for your actual use of the highways.
Answered on Jul 14th, 2013 at 10:52 PM
Lisa Hurtado McDonnell
Well you need at least one state license since federal government does not regulate driving and insurance rules. If your traveling you can show one from your home state then should be good enough.
Answered on Jul 14th, 2013 at 10:51 PM
The Constitution does guarantee the right to travel between the states, but it does not guarantee the right to operate a motor vehicle. Most driver's education classes like to use the line that " driving is a privilege, not a right", which is a somewhat archaic phrase but basically correct. You have no constitutional right to drive a car without a license.
Answered on Jul 12th, 2013 at 11:50 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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And your understanding is completely incorrect. States cannot interfere with interstate commerce and you have the right to go from state to state. However, that does not mean you can drive. You can walk, you can ride a train, you can ride a bike or a horse. But you are not allowed to drive an automobile or motorcycle without a license. Driving is a privilege granted by the state, not a right.
Answered on Jul 12th, 2013 at 11:50 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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While the U.S. constitution guarantees the right to travel, the states are empowered to regulate that. So, you have to obtain a license within the state that you reside. With that license, you can then freely travel throughout the country.
Answered on Jul 12th, 2013 at 10:29 AM
The United States Constitution does not guarantee you the right to drive on the public roads without a driver's license. Wherever did you get that nonsense? Everyone who wants to do whatever they want without having to follow the rules seems to think the U.S. Constitution grants them that right. It doesn't do 90% of what people argue it does. And in this instance you need a driver's license.
Answered on Jul 12th, 2013 at 10:06 AM
You understand quite wrong. There is no constitutional right to drive.
Answered on Jul 12th, 2013 at 9:50 AM
The courts have ruled that while you can travel freely, it is a privilege, not a right, to drive. To exercise the privilege you must comply with a state's requirements, including a license and insurance.
Answered on Jul 12th, 2013 at 9:39 AM