My question involves a driver's license issued by the State of: North Carolina
I am a 45 year old male. I have never had a driving violation greater then speeding. On July 25th 2005 my license expired. I did not realize they had expired until i went through a license check. The officer did not write me a ticket, he just advised me to get them. I immediately went to the DMV to renew my expired license. The DMV told me that i had a traffic violation in Denver CO that i had not paid the fine. I contacted Denver DMV and they claimed i had a citation from when i was there on vacation and was in a fender bender while driving a rental car (paid for full insurance). The cops never wrote me a citation. They claim he did and i owed 105.00. So, just to clear things up i sent the 105.00 and they sent a letter releasing the hold on my license. Ok, i went back to the DMV with the intentions of correcting my expired license.
Once again i left without them. They said i had waited to long and i needed to take the written test along with the driving test. (i had been driving for 15 years, still treated like a 15 year old). I left with intentions of studying the drivers test and going back. Time past and eventually i was pulled over for a seat belt violation. During that time i received a driving without license. Still, my license was expired. These (due to money problems and not being able to pay the fines) my driving record snowballed. So, eventually i received a suspended license.(failure to pay fines). This brings us to the present time....
Last year i went through another license check and the cop wrote me for "Driving on a revoked license". He said my license had been revoked because of failure to pay fines. I fought this in court and i lost.
Now i am stuck with a misdemeanor DWLR. My question is this.... How can they "revoke" my license when i never renewed them? They expired so therefore i had nothing to revoke? Do i have any legal ground to fight this? Also, i have been studying the driver license "laws" and i have learned the constitution does not say anything about drivers licenses, therefore by default it is left up to the states. " There is no 'default' for states to create laws. Laws must be made up in compliance with the Constitution and Bill of Rights in order to be lawful. A driver's license if permission from government to use a public roadway already given to the citizen to freely travel..passenger or not. AS LONG AS the individual driving is not doing so for profit or if the individual KNOWINGLY waives that right. Being that my license had expired and i never "waived my right" by renewing them... shouldnt i be able to drive without a license?