Driving, is it a right or a privilege?

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  • 323MAR

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    Definately sounds like some Sovereign Citizen stuff to me for sure. I guess he's just "a free man freely traveling about the land". He probably signed his DL "under duress".

    Perhaps I have had a long day, but now I am a little confused here.
    Since I am home now, perhaps a couple of beers will help!
    Semper Fi Marine!
     

    323MAR

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    This thread delivers on the derp from almost all parties involved. I feel like everyone is at least half wrong. As it relates to legal matters, once you have a DL, you have a vested right, and restriction of that right can not come without due process. Before you have it a DL, it is not your right. The end.

    I think we have a winner. Your opinion makes more sense than any of the others so far. Yes, that includes my own!
     

    SpeedRacer

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    I think driving should be an unalienable god given right. Just not on public roads. ;)

    For those saying we shouldn't need to be licensed, what's your solution for dealing with drunk/dangerous drivers?
     

    323MAR

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    I did not say anything about driving without a license. Everyone should have a right to pursue a license to drive. However, those who are irresponsible should not be allowed to drive. I think the laws of the road should be enforced against those who commit moving violations and DUI; not used to subjugate gun owners like in some states up north and DC. In other words, routine traffic stops should be conducted in order to correct violations of traffic laws and even to find fugitives from justice; not to harass gun owners.
    Yes, I do believe that driving on public roads is a privilege, but it should not be used as a means to violate Constitutional Rights.
     

    323MAR

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    Was kinda wondering what he meant by that myself.......

    Surely you have been subjected to Liberal propaganda about violating Constitutional Rights "in the name of children" before. The latest attempt was proposed gun control after all those rich white kids were killed at Sandy Hook. Yes, ban guns and subject lawful citizens to background checks for private transfers in to "help the children."
     

    Vermiform

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    Surely you have been subjected to Liberal propaganda about violating Constitutional Rights "in the name of children" before. The latest attempt was proposed gun control after all those rich white kids were killed at Sandy Hook. Yes, ban guns and subject lawful citizens to background checks for private transfers in to "help the children."
    Yes, I knew exactly what you meant. I also chuckled when I saw it. I didn't get the straw man part motor was talking about. No biggie.
     

    Barry J

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    Read the small print on the back of your drivers license. It states that driving is a privilege and gives the federal law that applies.
     

    Jack

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    Yeah, I'm sure our forefathers fully intended for the constitution and bill of rights to protect a "right" that wasn't even conceived for 115 years after the signing of those documents.

    Please enlighten us as to how "we were duped into giving up our rights" as it pertains to driver's licenses and motor vehicle registration.

    I disagree. A practical steam engine had been in existence for over half a century and the clock work carriage had also been around for at least a few decades. Additionally horse drawn transportation was nothing new. We've exchanged the horses for the engine, but the concept of transportation using a vehicle powered by means other than people, was certainly not something they were unaware of. I would say that the evolution of vehicles is pretty much on par with the evolution of weapons and I hope we can all agree the 2nd doesn't just protect the musket.
     

    Jack

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    Read the small print on the back of your drivers license. It states that driving is a privilege and gives the federal law that applies.

    Schuman v. California, 584 F.2d 868 (1978).

    As to the City and the DMV employees who were allegedly involved in the license revocation: § 1983 requires the deprivation of a federal right. Williams v. Field, 416 F.2d 483, 485 (9th Cir. 1969). We find such a federal right by adopting the analysis of the First Circuit which held that the use of a motor vehicle is a "liberty" interest protected by due process. See Raper v. Lucey, 488 F.2d 748, 751 (1st Cir. 1973); Wall v. King, 206 F.2d 878, 882 (1st Cir.), Cert. denied, 346 U.S. 915, 74 S.Ct. 275, 98 L.Ed. 411 (1953); Cf. Bell v. Burson, 402 U.S. 535, 539, 91 S.Ct. 1586, 1589, 29 L.Ed.2d 90 (1971) ("Suspension of issued licenses . . . involves state action that adjudicates important interests of the licensees."). Therefore, the application and suspension of such a motor vehicle license must comport with the due process requirements of the fourteenth amendment of the federal Constitution.
     

    VeedUp

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    Well this is all great, but this ******* thinks because he has a CDL, he has a right to drive, more rights than anyone with a regular DL.
     

    JadeRaven

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    Well a CDL allows the licensee to drive a whole lot more vehicles in more manners than someone with a regular license.... so there's that.
     
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