Results 1 to 10 of 10
  1. #1
    Join Date
    Mar 2012
    Posts
    4

    Default Why Can the State Require Driver's Licenses

    How does his argument lack merit when there is case law and Supreme Court opinions that support The Right to Travel as a common law right. Depriving the government of a revenue stream is the only reason this lacks merit.

  2. #2
    Join Date
    Sep 2010
    Posts
    8,623

    Default Re: Corrupt Judge and Prosecutor

    Quote Quoting RCP75
    View Post
    How does his argument lack merit when there is case law and Supreme Court opinions that support The Right to Travel as a common law right. Depriving the government of a revenue stream is the only reason this lacks merit.
    Did you read PTPD's response? The right to travel is not being prohibited here. Just the right to drive himself.

  3. #3
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Corrupt Judge and Prosecutor

    His is being restricted however. That is an infringement of his right and that's a crime isn't it?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,724

    Default Re: Corrupt Judge and Prosecutor

    You have no right to a driver's license. If you need the basics of the law spoon fed to you, you should start your own thread.

  5. #5
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Corrupt Judge and Prosecutor

    I'm not suggesting that having one is a right. On the contrary, I'd argue that its not legal for the state to require a license at all except for commercial traffic.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,024

    Default Re: Corrupt Judge and Prosecutor

    Quote Quoting RCP75
    View Post
    I'm not suggesting that having one is a right. On the contrary, I'd argue that its not legal for the state to require a license at all except for commercial traffic.
    You wouldn't be the first to make the argument, and you certainly wouldn't be the first to lose that argument.

    Sorry, this malarky has been tried. It doesn't hold water. If you want to travel without permits, licenses, etc., then start hoofing it ... but stay off the highways and freeways where pedestrians are prohibited.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Corrupt Judge and Prosecutor

    Moved out of this thread.

  8. #8
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Corrupt Judge and Prosecutor

    I may be understanding this ruling incorrectly, but it appears that a Supreme Court ruling says otherwise.

    "The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will." Thompson vs. Smith, 154 S.E. 579 at 583

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,024

    Default Re: Corrupt Judge and Prosecutor

    So, if you get cited in Alaska, you can cite this ruling.

    Also, I see it oft-cited on fringe websites, but I cannot find a link to the actual court case at all. It makes me wonder about the context ... or the veracity of the case.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  10. #10
    Join Date
    Jan 2006
    Posts
    25,693

    Default Re: Corrupt Judge and Prosecutor

    Quote Quoting RCP75
    View Post
    I may be understanding this ruling incorrectly, but it appears that a Supreme Court ruling says otherwise.

    "The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will." Thompson vs. Smith, 154 S.E. 579 at 583
    have you read that case? It really needs to be read with context. Then you will see where it is not the argument you were hoping for.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

    1. Sponsored Links
       

Similar Threads

  1. Can You Hold Two Driver's Licenses Simultaneously
    By arj_n in forum Driver's Licenses
    Replies: 7
    Last Post: 12-29-2009, 10:10 PM
  2. Having Two Valid Driver Licenses at the Same Time
    By kaaliakahn in forum Driver's Licenses
    Replies: 2
    Last Post: 12-04-2009, 09:59 PM
  3. Replies: 4
    Last Post: 11-14-2009, 12:19 PM
  4. Driver's License Reinstatement: Driver's Licenses Post DUI
    By Prayer in forum Driver's Licenses
    Replies: 2
    Last Post: 04-19-2008, 04:33 PM
  5. Is it legal to possess two driver's licenses
    By one big mistake in forum Driver's Licenses
    Replies: 4
    Last Post: 02-01-2006, 04:17 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document