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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
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I live in California I have never had a Drivers license what

Customer Question

hi I live in California I have never had a Drivers license what I'm trying to find out is about my constitutional right of travelI have a document is called a common-law vehicle and judicial notice constitutional Drivers license in the vehicle that I'm driving is a 2015 Dodge Challenger and it's paid for and for I'm the only The sole owner of the vehicle and everything is is up to code as in insurance registration everything is by the law and when I would need to know is if I can drive under my constitutional right
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I'll be happy to discuss this with you but the problem is that we get a similar question every few months and the people asking it don't ever agree with what we believe the law actually is and so they end up leaving a negative rating. Naturally, this makes us hesitant to spend our time unless the customer assures us they will base their rating on our interaction and answer and not on whether we agree with their interpretation of the law.

Customer: replied 2 years ago.
No I'm not asking you if you agree with my temptation of anything is asking you but Constitutional Rights Lawyer so no I'm not want to redo that never mind I'll just call Constitutional Rights Lawyer you know more about that
Expert:  Dwayne B. replied 2 years ago.

There is no such thing as as Constitutional Drivers License or a Constitutional right to drive. This is a theory that was started by some non-lawyers based on old case law that they misinterpreted.

The original case law found that there was a Constitutional right to travel, which they somehow morphed into a right to drive by reading bits and pieces of other, old cases out of context.

I've seen this tried multiple times in various courts over the years and it has never worked. The main reason is that even if you read the cases they rely on, the cases don't say that but, in addition, most of the cases are state law cases and don't apply in any state other than the one they're from.

Customer: replied 2 years ago.
Can you please give me a call so we can discuss something please
Expert:  Dwayne B. replied 2 years ago.

Unfortunately I don't do telephone calls.

Customer: replied 2 years ago.
I had a Kentucky driver license once but when I went to the DMV they said it is not showing that I had A drivers Lic so I would have to take the whole driving test over again but the thing is I was shot by 12 gauge and I lost my left hand so instructor said there was no use to try at the moment because he requires me to have my hands at 10 to 2 and being that I don't have to hand to do that that would be able to take the test are there any type of temporary heart or hardship drivers Lic I can get
Expert:  Dwayne B. replied 2 years ago.

In California or KY?

Customer: replied 2 years ago.
Well I have a Kentucky State drivers license but when I went to the DMV here to get to do the written test to renew it they said he couldn't find that I had a drivers license and then I had to redo the whole written and driving test again but because of my hand missing I don't need to requirements of being able to go 10 to2 on the steering wheeland I think the real time is over 60 days away under any type of a temporary Or hardship lic I can get or moving permit anything man I need to be able to driveand the reason why I don't have have one right now is because the DMV somehow make made a mistake and can't find my license on record what can I do
Customer: replied 2 years ago.
Sorry if I made some typos I mean they said it would be like 60 days or more before I can get into take all the test is I need to take other any type of moving permit or a hardship or temporary drivers That I can get for now because it's a DMV mistake that mademe not to be able to renew my license in the state
Expert:  Dwayne B. replied 2 years ago.

There is no requirement that you be able to hold your hands at 10 and 2 in California.

In CA, as a matter of fact, you could even qualify for a commercial drives license so long as the "Loss or impairment of an extremity or any significant limb defect or limitation does not interfere with the ability to perform normal tasks associated with operating a motor vehicle."

What I'd suggest you do is contact the driver's license agency and ask to speak with someone in the section that deals with disabilities. You should be able to get someone to administer the test who is familiar with the guidelines for disabilities.

If that doesn't work then you have two additional options. The first is to hire a local attorney to make the calls for you. That will, of course, cost a little but it shouldn't be a lot since there won't be a lot of work involved. The other option is to contact your state legislator and ask their staff for help. The advantage of using that method is that it doesn't cost anything. The disadvantage is that it will take a little longer than it would if you hire a local lawyer.

Expert:  Dwayne B. replied 2 years ago.

Essentially you have to get around the local test givers who don't really understand anything other than the basic test criteria.

Customer: replied 2 years ago.
Well I'm in LA County are you able to be hired man I don't mind put out some money if I can get fast action results because I need to be able to drive to Quincy California where I dodo mining that's how I I'm make a living anything is really irritating bro is that I had a drivers Lic from the state of Kentuckyso I should just be able to take a written test and And change it over from here but the DMV couldn't find my Kentucky licon any files I don't care to spend a little money man if you can get me back on the road past possible that I'm losing so much money a day is not funny and I'm bout to go completely broken bankrupt over it
Expert:  Dwayne B. replied 2 years ago.

No, none of the experts on here can be hired, it's part of our agreement with the website.

You should be able to find someone locally at www.lawyers.com. Look for someone who has a general practice or maybe even try civil rights. Either of those would have the skill set you will need.

Customer: replied 2 years ago.
OK thank you so much and by the way I was want to percent satisfied with the answers I received from you even though he wasn't what I wanted to hear i'm very satisfied with the help I received from you
Expert:  Dwayne B. replied 2 years ago.

Thanks very much and I do wish you the best on this. I hate to see someone being forced to jump through hoops because of bureaucracy.

Don't forget to leave a positive rating so i receive credit for my work.

Customer: replied 2 years ago.
In the real funny thingis that I went to a Dodge dealership in Hemet California to get a new 2015 Dodge Challenger and they showed me being having a Lic because I live there that day with full coverage and I have a normal payment plan but it's better just to go ahead and pay it off in the first month it just seems to me like if I didn't have a drivers Licthey wouldn't be able to let me leave the lot with the car
Expert:  Dwayne B. replied 2 years ago.

I didn't think they could either. You may want to see if you can get a copy of whatever they have and use it to get your new license. I'm not sure it would work but it wouldn't hurt to try.