Washington, DC asked in Constitutional Law for Maryland

Q: Is there a Maryland statute for non commercial licensing on drivers or automobiles or are all based on commerce?

Right to travel without licensing, not in commerce.

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2 Lawyer Answers
Scott Scherr
Scott Scherr
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: All drivers in Maryland must be license. No one has the right to drive. It is a privilege and illegal for anyone to drive without a license.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: In Maryland, as in all states, driving is considered a privilege, not an inherent right. While Maryland does distinguish between commercial and non-commercial driver's licenses, anyone operating a motor vehicle on public roads must have a valid driver's license.

Maryland's transportation statutes require individuals to obtain a driver's license to operate vehicles, irrespective of whether their activity is commercial or not.

The "right to travel" argument, which posits that individuals have a constitutional right to drive without a license, has been consistently rejected by courts across the country. It's essential to understand that while you have a right to travel freely, states can regulate the manner in which you do so on public roads. If you drive without a valid license in Maryland, you can face penalties.

Always consult directly with an attorney about specific legal questions or concerns. Remember, misinterpretations can lead to legal complications.

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