What does it mean "Right to Travel" and how does it relate to getting pulled over without a drivers license?

Asked over 1 year ago - Austin, TX

Is there an actual law that requires me to have a drivers license for personal travel (not doing business)? Im curious as to any lawyers are willing to quote the law describing this issue? Iam aware that during the act of doing business and operating a motor vehicle, one must have a operating license. Please advise

Attorney answers (2)

  1. Jason Paul Steed

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes, you are required by law to have a driver's license to drive a motor vehicle at any time. You do have a constitutional "right to travel," but requiring a driver's license does not interfere with that right because you're not being prevented from traveling; you're simply being required to show that you are capable of operating a car safely, to use it for traveling.

  2. Martin Ben Zimmerman

    Contributor Level 11

    1

    Lawyer agrees

    Answered . From the tone and tenor of your question, I am going to work on a couple of assumptions:
    1) Your drivers license is or has been suspended and you are upset about it;
    2) You are unable to get your drivers license reinstated immediately or cannot afford to pay the costs/fines/fees/surcharges that you have racked up so far, and;
    3) You want someone to bless your ability to get back behind the wheel so you can drive.

    Sorry to tell you but no one here will do that. The United States Supreme Court ruled in 1915 that not only do the individual states have the power and authority to regulate and control automobiles and drivers licenses, that the states failure to do such would be an outright abandoning of their duty to the citizens of their state. Hendrick v. Maryland 235 U.S. 610 (1915) So I am sorry to tell you that if you want to legally get back behind the wheel of an automobile then you need to follow the rules. Contact a lawyer or the Texas DPS to determine what you need to do to get your license back. Otherwise I suggest you either get used to public transportation or put one foot in front of the other and walk.

    Martin Zimmerman

    Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-... more

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