Consumer Law, Warranties Is a drivers license a contract?

[phillong84]

My jurisdiction is Los Angeles County.

I have a simple question. Is a signed driver's license considered a contract between you and the respective state?

phillong84

 

[dee_dub]

Your question is too simple. Generally, no: a driver's license is considered to be a privilege. But in certain respects, licensing may embody certain contractual elements.

 

[phillong84]

According to Black's Law, a contract is...

"an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law"

Under the legal definition a driver's license would seem to fit be a contract. Is there any legal argument against that definition?

-Phillong84

 

[CdwJava]

Rather than dancing around this whole thing, what exactly are you trying to get away with? What have you been charged with, and how do you think this "contract" idea might help you?

Note that there are a number "patriot" and "freemen" style groups that have unsuccessfully made similar arguments for decades, so I doubt you will break any new ground. But, if you have the time, the energy and the money to enrich a few attorneys, knock yourself out.

- Carl

 

[dee_dub]

Ditto what CdwJava said.

You ask:

Is there any legal argument against that definition?

I'd say it's reasonable enough definition, as far as definitions go. But legal arguments do not exist in a factual vacuum. In absence of knowing what your circumstances are, I would not say that a driver's license is a contract in ways relevant to your purposes, nor would I speculate what legal ramifications would ensue if it is.

 

[phillong84]

CdwJava, it is not my intention by posting on this forum to argue the free man philosophy or to entertain lawyers, my father is an attorney believe me I have entertained him enough.

The reason I am not bringing up aspects of a traffic ticket is because I am staying on topic in this forum and following forums rules trying to stay within the contract discussion. I will be posting the in the traffic forum regarding the other details. I simply wanted to know if it could be argued that a driver's license is a legal contract between an individual and the state.

 

[CdwJava]

Almost anything can be "argued", but the contract angle has never been successfully argued. It is not new ground.

- Carl

 

[Legal_Beagal]

Driver Contract

Generally, I would say no a driver's license is not a contract but an agreement between the issuing state and the licensee. My reasoning for a license not being a contract is that there is no initial advertised offer to which the licensor makes or the licensee is accepting. A license to drive is proof of a privilege bestowed upon the licensee by the issuing state. There are also no mutually enforceable terms for consideration associated with a driver's license.

 

[jharris352]

No a license is not a contract. It is a unilateral grant by the state of the privilege to operate a properly tagged motor vehicle on the State's roads. You have no right to drive, and there are no contractual elements that you can enforce against the State. Anything that you can enforce against the State would fall under your Constitutional Rights which is a social contract between the people that agrees upon how they will be ruled.

A license does not place any duty on the State. It is only a permissive grant of "license" to use the roadways within the restrictive covenants of the traffic laws.

Now if that answer is not as convoluted as your question I don't know what is, but it is true. Your license is not a contract with the state. You have nothing that you can enforce against the state.

 

[nifijinofe]

My jurisdiction is Los Angeles County.

I have a simple question. Is a signed driver's license considered a contract between you and the respective state?

phillong84

You need to seethis. Section520.org

If it is a contract - you could rescind it. There's a good arguement about this issue on the above website.

 

[CdwJava]

You need to seethis. Section520.org

If it is a contract - you could rescind it. There's a good arguement about this issue on the above website.

First, please do not necropost - this thread is more than a year and a half old.

Second, it is well settled law that a driver's license is not a contract.

If you have a question, please start your own thread. If you believe you have something to contribute that is not a plug for someone else's web site, then please find a more recent thread to contribute to.