Can I argue that driving is an American right, so I don't need a license to drive? 74 Answers as of July 11, 2013

According to Educate Yourself, driving the American roads is the American right to drive and not a privilege. Can I argue this to prove that I don't need a license in order to legally drive?

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Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
You can argue that. You will lose. Driving in California is defined as a privilege, not a right, under the law. That's why it's not in the bill of rights.
Answer Applies to: California
Replied: 8/27/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
No, driving is a privilege that can be restricted by the government.
Answer Applies to: Michigan
Replied: 8/20/2012
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
You can argue it but you will lose. This has been attempted by many fringe groups over the years using the same logic and never succeeded. You can drive on your own land without a license but once you venture onto a public road the public laws apply.
Answer Applies to: Missouri
Replied: 8/20/2012
Robert Valles and Associates P.C.
Robert Valles and Associates P.C. | Robert Valles Jr.
No its not a right, it s a privilege.
Answer Applies to: Texas
Replied: 8/20/2012
Larry K. Dunn & Associates | Larry K. Dunn
Arguing that driving in Nevada is a 'right' and not a 'privilege' is not a new argument but not a successful argument to date. A group of people commonly referred to as Constitutionalist have made similar arguments more to make a political statement rather than expecting to defend against the charge of driving without a driver's license.
Answer Applies to: Nevada
Replied: 8/20/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Yes, you can argue that to the police as they are taking you to jail in handcuffs. They have a serious job and could use a good laugh once in a while. You should throw that book in the garbage and read better books because it is ridiculous to think that a state would allow just anyone to operate a vehicle without proper training, good eyesight, insurance, a valid inspection, a resignation, proper equipment, and a valid license from some state.
    Answer Applies to: New York
    Replied: 8/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Good luck. That argument has been tried and has failed many times. Driving has been held to be a privilege, NOT a right, no matter what an internet website calls it. The government has been given authority to regulate it and even revoke your privilege to drive.
    Answer Applies to: California
    Replied: 8/20/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    You can argue that but I don't think the argument would be persuasive because all the courts that consider driving matters as well as the Michigan Secretary of State take the position that driving is a privilege.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You can argue anything and then you will lose. The Constitution allow freedom to travel. They met by foot not car, sorry.
    Answer Applies to: Nebraska
    Replied: 8/20/2012
    William L. Welch, III Attorney | William L. Welch, III
    You may argue that it ought to be the law, but it is not presently. If you lose, then you may appeal and argue the same thing on appeal. If you persuade the appeals court, then you might win. If not, then you are s.o.l.
    Answer Applies to: Maryland
    Replied: 8/20/2012
    Universal Law Group, Inc. | Francis John Cowhig
    No. Contrary to what Educate Yourself says, driving is not a right, but a privilege.
    Answer Applies to: California
    Replied: 8/20/2012
    Buchholdt Law Offices | Jon M. Buchholdt
    You can, but not persuasively.
    Answer Applies to: Alaska
    Replied: 6/28/2013
    The Gardner Law Firm, PLC | Brandon Gardner
    No.
    Answer Applies to: Michigan
    Replied: 5/24/2013
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You can argue it. Good luck though. The courts recognize that driving is a "privilege." They will not listen to your arguments. Ask "Educate Yourself" how many court victories
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. Such an argument has no legal support or credibility.
    Answer Applies to: Minnesota
    Replied: 8/20/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    No.
    Answer Applies to: Michigan
    Replied: 5/24/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Anybody CAN say or do anything they like. But as to this, nice try, no brass ring. Do you really think you are the first person to dream up such theory? You'd be laughed at all the way to jail when you got convicted by raising no effective defense. Either defend the charges rationally with real law and theory, or suffer the consequences.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    Though you can argue it, you will almost certainly be unsuccessful. Driving is a privilege and NOT a right.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The United States, each and every state and all counties and municipalities have laws that you must have a driver's license to use the public roads. Otherwise, would we allow persons who are not experienced or have not been trained to drive? Too young (should 12 year old children be allowed to drive?) To impaired to drive? Without insurance? When the vehicle is not in good condition and should not be driven? Would we allow persons to operate a vehicle when they have been determined too dangerous to drive, due to habitual alcoholic or drug abuser, physically or mentally impaired, or just such a chronically inconsiderate driver that they are unwilling to follow the rules of the road and are likely to endanger others who are driving? Would you want to operate your vehicle on the roads,with your loved ones in the car, when just anybody, regardless of who they were, would also be allowed to do so? Do yourself a favor and get licensed through the proper agency and encourage others to do so. We need all of the roads to be as safe as we can.
    Answer Applies to: Alabama
    Replied: 8/20/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    No. Driving a motor vehicle can only be lawfully done with a valid a driving license. Having a license is not a right because you must qualify pursuant to state standards.
    Answer Applies to: Illinois
    Replied: 8/20/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It's not a right it's a privilege granted to you by the State as long as you comply with Federal, State and local laws.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can argue anything you want, but state law requires a license and the right to drive is not in the Constitution. I don't believe there is any merit in the right to drive statement.
    Answer Applies to: New Hampshire
    Replied: 8/20/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    No.
    Answer Applies to: New Jersey
    Replied: 5/24/2013
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    Driving is not a constitutionally-protected right. States can set limits on who is allowed the privilege of driving. Otherwise, they'd have to let toddlers drive cars.
    Answer Applies to: California
    Replied: 8/20/2012
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    No. The law of the state is that driving is a privilege not a right.
    Answer Applies to: Colorado
    Replied: 8/20/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No.
    Answer Applies to: New York
    Replied: 5/24/2013
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You can argue whatever you want. Don't expect that one to work, though. The right/privilege distinction was once important in American law, but it isn't any more. I am sure that any judge would reject that argument and hold that you need a license to drive on a public road.
    Answer Applies to: Oregon
    Replied: 8/20/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can try, will lose, have to appeal and eventually get a favorable ruling from the U S Supreme Court reversing prior precedent. I would suggest that you obtain an drivers license unless you are very, very wealthy, in which case call my office.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Driving is not a right, it is privilege.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It has long been established that driving is a "privilege" and not a right. You can argue all you want I suppose, but it will not prevail.
    Answer Applies to: Massachusetts
    Replied: 8/20/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The judges in courtrooms across this land could be excited to confront you as a challenge. Is it worth it to you what it would cost.
    Answer Applies to: Illinois
    Replied: 8/20/2012
    Steven Alpers | Steven Alpers
    That is not the law. The law says driving is a privilege which can be taken away. This issue was decided decades ago. Also, they can require you to take alcohol testing if there is a reasonable suspicion of driving under the influence.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Won't work. People have tried, and failed.
    Answer Applies to: California
    Replied: 8/20/2012
    Bruce Plesser | Bruce Plesser
    No.
    Answer Applies to: Florida
    Replied: 5/28/2013
    Pingelton Law Firm | Dan Pingelton
    You can argue anything you want. And you'll lose. Contrary to what you read on the internet, numerous cases have held that driving is a privilege, and not a right.
    Answer Applies to: Missouri
    Replied: 8/20/2012
    Mary W Craig P.C. | Mary W Craig
    You can argue anything you would like, but you will lose this argument. Every state has a statute that requires you have a license to drive the roads in that state, and each state honors licenses issued elsewhere in the country. It is a public safety issue as much as anything else.
    Answer Applies to: Alabama
    Replied: 8/20/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The courts have held that driving is a privilege not a right.
    Answer Applies to: Colorado
    Replied: 8/20/2012
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