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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...

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.

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Attorney answers 8

Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Asker

Posted

It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.

Frank Mascagni III

Frank Mascagni III

Posted

Maybe on foot or by mule and wagon at common law, but not on a state or federal road/highway in a motorized vehicle without the privilege to do so by applying for a state issued drivers license, being tested and receiving a valid state license after paying the associated fees. These roads are built and paid for with federal, state and local tax money paid by state and federal taxpayers. The individual states can and do tax citizens and have the right to regulate travel within their state borders.

Asker

Posted

"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

Frank Mascagni III

Frank Mascagni III

Posted

Counsel, I am not going to debate this with you. If you drive without a valid license be prepared to defend yourself in court if cited or arrested. Good luck.

Asker

Posted

Thank you for your time.

Asker

Posted

So all these supream court rulings are all lies. Yes or no ?

Frank Mascagni III

Frank Mascagni III

Posted

U.S. Supreme Court decisions are subject to different interpretations every day by many judges in state and federal court.

Asker

Posted

"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489. We could go on, quoting court decision after court decision; however, the Constitution itself answers our question - Can a government legally put restrictions on the rights of the American people at anytime, for any reason? "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the Contrary not one word withstanding."

William A. Jones Jr.

William A. Jones Jr.

Posted

This appears to be another AVVO troll. Hopefully it'll be pulled

Posted

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.

Asker

Posted

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

Asker

Posted

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

Joshua Sachs

Joshua Sachs

Posted

Yes of course, we all know that, but it does not help your theory and it does not mean that the state cannot require you to be licensed. You can, and probably will, assume that I am too feeble-minded to understand plain English. I can't help that. Good luck with your case.

William A. Jones Jr.

William A. Jones Jr.

Posted

Looks to me like another AVVO troll. Hopefully it'll be pulled.

Asker

Posted

Mr. Jones Jr. Is what I'm stating not fact ? It looks like lawyers are covering something up. Because I looked up every case that I posted and every one I very much true. I just want a clear cut answer on my question. Ps an I'm not a troll and would like you keep it professional on my page. Please and thank you :)

Asker

Posted

Let me try: Asker, you are correct that there is a constitutional right to travel. However - and this is the key point you are failing to grasp - like all constitutional rights it is subject to reasonable regulation by the state. Such as requiring a driver's license.

Posted

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.

Asker

Posted

No... Actually I'm from Ohio never lived anywhere else. The "right to travel" just came to my attention and I did a lot of research and I thought I would confirm or dismiss some of the articles I've read. And if what I'm reading is true how to legally practice this method

William A. Jones Jr.

William A. Jones Jr.

Posted

Sorry, I lost you on the last sentence. Come again.

Asker

Posted

If what I'm reading is true, how could I make this theory my defense in court?

Asker

Posted

...?

William A. Jones Jr.

William A. Jones Jr.

Posted

I think we've all had enough. I've flagged your postings as inappropriate.

Asker

Posted

Lol now my question is inappropriate ? All I'm stating are facts. I just would like to get to the bottom of this and not get the run-around

Joshua Sachs

Joshua Sachs

Posted

You would, following whatever the local prodedure might be, move for dismissal of the charge against you on the grounds that the statute requiring a driver to be licensed violates the constitution. At argument on the motion you would call the judge's attention to the cases that you have found. A copy of the each case for the judge and an additional copy for the prosecutor would be a much appreciated courtesy. In preparing for your argument, expect to have to respond to the same objection that my colleagues and I have noted here. Be prepared to persuade the judge that your interpretation is correct and the objections to it are mistaken. Again, good luck with your case.

Posted

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 educational purposes for prospective clients only and people should not make legal decisions based on it. You are advised not to take, or refrain from taking, any action based on what Mr. Bristow has stated on this website.

Posted

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 relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

Posted

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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Also, the citation will be for 'driving without a license', not for 'using the highway'. Believe all those supposed know how to beat the system websites at your peril. Best of luck to you.

Posted

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 by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Asker

Posted

Some of the confusion in our present system has arisen because many millions of people have waived their right to travel unrestricted, and opted into the jurisdiction of the state. Those who have knowingly given up these rights are legally regulated by state law, and must obtain permits, registrations, insurance, etc.

Posted

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.

Asker

Posted

"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 179.

John Paul Thygerson

John Paul Thygerson

Posted

What is this, the sequel to "Good Will Hunting"? Have at it, drive without a license, get arrested or given a summons, and make your arguments in court. Best of luck to ya. Let us know how you make out.

Asker

Posted

Alrighty

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