First, I asked for citations so that I can do independent research in to the matter, I have yet to find any that say driving is a privilege. If you choose to not waste your time, that is your right, but please don't expect me to just take your "say so" on the matter.
I'm not. There is plenty of info out there to support the position of the state. It's like asking for cites to show that the state has the right to establish a speed limit ... or to regulate certain professions - even firearms. Absent any controlling case law that prohibits the state from allowing unfettered access to the roadways, the state has a right to regulate it. This regulation comes in the form of vehicle registration, licensing, rules of the road, etc.
Second, I never said that states don't have a right to regulate travel on public highways, they exercise their regulations every time you see a speed limit sign, double yellow line, stop sign.. ect..
They also regulate it by license requirements and vehicle standards, as well as registration requirements.
To say that you have the right to travel, but not the right to use the most prevelent, socially accepted means of exercising that right (automobile), to me is like saying that you have the right to free speech, but not the right to own a pen or paper.
Not quite. And that argument has been used many times, and defeated in court many times.
In my original post, I asked for citations so that I can do research in to the issue then make an informed decision, had I wanted to "push the issue" without knowing where the courts stand on the issue, I could have done that without coming to the forums.
I don't have those at my fingertips as it is kind of a non-issue for most people that deal with the law. It's kind of a waste to gather cases that support a well-accepted and long settled matter of law. But, if you wish to research it, go right ahead. But, the only place you will actually MAKE case law on the matter will be to challenge it in court if you are in violation of the statute that you feel conflicts with the Constitution.
Where exactly did this come from? I came here to ask for information, and expected at the very least, intelligent discussion on the issue, if this is the best you have to offer, why bother posting a response to my question.
Because most the people that I have come across that opine that driving is a right and not a privilege tend to also hold the opinion that the court with a gold-fringe flag is an Admiralty Court, AND that they are a "sovereign person" and not subject to the elements of the vehicle code. If you are not one of those folks, hallelujah.
But, in short, I don't have any of those cases on hand I suspect by the absence of other posts here, others don't either. That's because, as I said, it is not generally relevant for people to take note of matters that are so well settled. But, I wish you luck in your search and would encourage you to be wary of web sites that most single, isolated court cases that contain very old or local court cases. the cases that are controlling will be cases that are at the federal level, and that have been upheld or not overturned on appeal.
If you find a case, you will need to properly shepherd it to see if it is still controlling. Most the cases cited by folks that advocate the "right" to drive tend to be local decisions that are very old, or cases that were dumped at the appellate level.
- Carl
