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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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U.S. SUPREME COURT AND OTHER GH COURT CITATIONS PROVING THAT

Customer Question

U.S. SUPREME COURT AND OTHER HIGH COURT CITATIONS PROVING THAT NO LICENSE IS NECESSARY FOR NORMAL USE OF AN AUTOMOBILE ON COMMON WAYS
"The right of a citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness. Under this constitutional guaranty one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's rights, he will be protected, not only in his person, but in his safe conduct."
Is this correct that driving is a right not a privilege and I can drive without a driver's license? as long as I am not driving for a profit,(commercial use)
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a dozen years of practice experience handling matters of a similar nature. It is a pleasure to assist you today.

Your questions is interesting and well taken. In reality (the way the states view this issue), driving may be considered a right - not merely a privilege, in that your ability (and freedom) to travel shall not be blocked or infringed upon in this nation.

Having said that, just as the right to own a gun, just because it is a right does not necessarily prohibit government regulation. In the vast majority of circumstances, even though you have the right to own a gun, you will have to subject yourself to a background check to purchase one. In many areas around the country, even though you can legally own a gun, you must have a permit provided by the government in order to carry that gun in public areas.

The same is true of your ability to drive. It is undeniable that a person does not have to have a driver license to drive on private property. However, government has the ability regulate the right to drive on public thoroughfares. The regulation comes under the protection of the common good (so they say) in assuring that only those that can be trusted to drive on common roadways are allowed to do so.

Your thoughts and arguments are valid. However, in the end, government protects itself and you will have a very hard time winning an argument that you are not required to have a driver license if you are stopped on a public road. As crazy and perverted as it sounds, government can even regulate our rights for the common good.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Thank you.