If I get pulled over. And I don't have a lisences. How do I explain to the officer that I don't need a license because...

Asked almost 2 years ago - Toledo, OH

I have the " right to travel"

CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

Attorney answers (8)

  1. Christopher Lee Beck

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . You are correct that you have a right to travel. However, driving has been found to be a privilege and not a right and certainly not a fundamental right. If your license is suspended in a state you are not permitted to drive in that state. You can travel by bike, foot, plane, train, or even automobile (so long as you are not the driver). If you try to argue with the officer about the case at the time you are pulled over you may also find yourself facing criminal charges of resisting arrest, obstructing official business, or disorderly conduct.

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  2. Kyle J Bristow

    Contributor Level 13

    8

    Lawyers agree

    Answered . This is a sovereign citizen-style argument. Cops and judges don't buy it. You will be ticketed, and in Ohio, if you drive without a license, you face up to six months in jail and/or up to a $1,000 fine.

    No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    8

    Lawyers agree

    Answered . You don't. It's not the officers job to interpret the law. You take your citation and appear in court.

    You attempt to explain it to the judge.

    BTW, interpretation of the law without a broad understanding of the legal process yields misunderstandings. Such is the case here. Much like when a person lifts one sentence from a paragraph-- they may get the sentence meaning correct in a literal sense, but miss the broader picture of the paragraph or the book.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Joshua Sachs

    Contributor Level 19

    7

    Lawyers agree

    Answered . No matter how you explain it, you are not going to prevail with either the officer or the judge on that theory. The State does not deprive you of a constitutional right by requring you to exercise it subject to certain conditions. I don't expect you to accept this, but it is so.

  5. Frank Mascagni III

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you are operating a motor vehicle without a valid drivers license, and you are stopped by law enforcement, you will be cited or arrested for driving without a valid drivers license. You have no constitutional right to drive a motor vehicle. It is a privilege, and as such, can be regulated by the states.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  6. William A. Jones Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sort of wondering if maybe you used to live in CA. In any event it seems apparent to me that you know the answer to your own question. If you can find and cite Chicago Motor Coach, you've seen the answer before. Thanks.

  7. James S. Lawrence

    Contributor Level 15

    5

    Lawyers agree

    Answered . 1. You do not explain to the officer. You explain to the judge.
    2. The right to travel and the right to drive a motor vehicle are not the same thing.
    3. If your position were correct, then the entire system of driver licensing and registration would be unlawful. Millions of convictions and ordinance violations would be subject to being reversed. The public safety could not be protected against bad drivers who cause accidents again and again, yet would still be permitted to drive. These factors cause me to believe your challenge will lose in court.

    Good luck anyway.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed... more
  8. John Paul Thygerson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . You don't need a license to travel when you can use your own two feet. Otherwise, if you wish to employ motorized transport you must do so in accordance with the laws of the state.

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