Q: Why does the "right to travel" state horse carriage or automobile if some lawyers say there is no right to drive?
A lawyer on here said we don't have the right to drive under the "right to travel" constitutional right but if you read it the law says by horse, wagon, or automobile... Is the right to travel in an automobile not driving?
CASE #2: "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness."
We're going to need some new age lawyers to get to the bottom of this... I'm reading many cases where driving was deemed part of the right to travel, "which a city cannot prohibit or permit driving at will, its his or her RIGHT TO LIBERTY AND HAPPINESS!"
A: You have the right to "liberty" but the right to drive upon the roadways is limited by licensing laws. The original post, I believe, dealt with someone who felt that a licensing law blocked his right to travel. There is no specific right to travel--for instance you cannot trespass to travel. However, you can only be stopped under certain circumstances--public intoxication is one. So it is with driving--you don't have a constitutional right to drive.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
