Do I have a Constitutional right to travel without a driver's license?

2022-10-17T05:21:26-04:00

Do i have the right to travel in my personal automobile upon the public highway and to carry my personal belonging, without being interfered with by the state officals, or any other enity without due process of the law, unless i have commit a crime or broken a law.

Response by COL Randall C. made Oct 17 at 2022 7:09 AM

2022-10-17T07:09:34-04:00

PVT Kenneth Mills, it depends on the meaning of "have" -

Must you possess a valid driver's license, even if it isn't physically on you?
- while you TRAVEL? No.
- while you DRIVE (i.e., operate a motor vehicle)? Yes (see next question).

Must you possess a valid driver's License on your person?
- while you TRAVEL? No.
- while you DRIVE (i.e., operate a motor vehicle)? Maybe.

If you are driving without a valid license on your person, you are not breaking a federal law, but you probably are breaking a state law. For instance, if you don't have your license and registration on you in Virginia, you will have a $10 fine tacked on to whatever you're being ticketed for. However, in California, the fine is $250 and stands by itself (the police pulled you over because your car matched a BOLO .. you're not it, but don't have your license on you).

Obviously there are many situations where you are required to produce photo ID to do something (enter certain buildings/property, buy certain items, crossing the US border, etc.).

To the text of your question - Sure, you have the right to travel on the public highway, etc. etc. without interference unless:
- you have committed a crime or broken a law
- There is reasonable suspicion that you have or are going to commit a crime or break a law.

Additionally, there are states that have stop and identify laws (about half the states) where you are required to identify yourself to law enforcement if asked. However, again the police officer has to have the reasonable suspicion that you are involved illegal conduct or that you about to do illegal conduct. In these states if you fail to identify yourself (you don't have to have ID on you, but you must identify yourself), the officer can arrest you until identification is made.

To your greater question (probably) about having a constitutional right to operate a vehicle without needing a license. No, you do not have a constitutional right.

There are many sites that you can find on the internet that will claim that you do. They'll even quote an excerpt from a Supreme court case from the 30s that 'proves' it:

"The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will."

However, they always leave out the following paragraphs from that exact case from their "proof":

"The exercise of such a common right the city may, under its police power, regulate in the interest of the public safety and welfare; but it may not arbitrarily or unreasonably prohibit or restrict it, nor may it permit one to exercise it and refuse to permit another of like qualifications, under like conditions and circumstances, to exercise it.

The regulation of the exercise of the right to drive a private automobile on the streets of the city may be accomplished in part by the city by granting, refusing, and revoking, under rules of general application, permits to drive an automobile on its streets; but such permits may not be arbitrarily refused or revoked, or permitted to be held by some and refused to other of like qualifications, under like circumstances and conditions."

Response by CPT Private RallyPoint Member made Oct 17 at 2022 8:43 AM

2022-10-17T08:43:47-04:00

Driving a vehicle is not a constitutional right. You can't evoke the constitutional here. Now, there are other rights that can be evoked like when it comes to the government seizing and searching you.

Response by MSG Stan Hutchison made Oct 17 at 2022 10:19 AM

2022-10-17T10:19:12-04:00

A good explanation here:

https://www.snopes.com/fact-check/supreme-court-rules-drivers-licenses-unnecessary/#:~:text=No%20recent%20Supreme%20Court%20ruling%20has%20in%20any,license%20is%20indeed%20illegal%20in%20all%2050%20states.

So, you can travel public roads, but the state can require you to be licensed if you are driving.

Page not found | Snopes.com

Response by SGM Mikel Dawson made Oct 17 at 2022 10:39 AM

2022-10-17T10:39:39-04:00

Hey Private, go ahead and give it a try. Let us know how things work out, but we can all pretty much guess.

Response by MSG Private RallyPoint Member made Oct 17 at 2022 3:45 PM

2022-10-17T15:45:57-04:00

Why shouldn't you travel with a driver's license? Is it too difficult to carry a piece of plastic in a wallet? I guess it's your right to do whatever you want but depending on what you do, you may experience quite the headache or be blissfully moving forward. The choice is yours!

Response by SFC Private RallyPoint Member made Oct 17 at 2022 5:13 PM

2022-10-17T17:13:19-04:00

I don't remember the part in the constitution where it says I can drive without a license. Pretty sure it's not in Bill of Rights either

Response by SGT Private RallyPoint Member made Oct 17 at 2022 5:21 PM

2022-10-17T17:21:56-04:00

Just what RP needs..the sovereign citizen movement

Response by SSgt Christophe Murphy made Oct 17 at 2022 7:05 PM

2022-10-17T19:05:10-04:00

The wording you chose sounds very close to what Sovereign Citizens use in regards to freedom to travel and all that. Articles of Confederation were replaced in 1789.

Carrying a driver's license is only legally required when you are driving. There are plenty of folks out there who don't have a driver's license but meet all identification needs with the use of a State non-driver ID, Voter ID card or a US passport. But to answer your question, a current drivers license is needed to operate a vehicle.

Response by SGT Hector Rojas, AIGA, SHA made Oct 18 at 2022 11:13 AM

2022-10-18T11:13:53-04:00

Since there is no mention of cars or driver's licenses in the Constitution, it is pretty obvious that no, you do not have a constitutional right to drive without a license. You can travel in your car without a driver's license, of course, provided someone else with a license is driving it.

You do have the Constitutional right to own property, of course, a car being property. But the States/Counties/Cities have the jurisdiction to set laws and rules on how to use that property (your car), which includes requiring you to demonstrate you know how to drive it and that you know the traffic laws of your State.

A free society does not equate with a free-for-all do-whatever-we-want society I'm afraid. The US Constitution establishes us as a Country bound by the Rule of Law. The law requires you to have a driver's license to operate your car upon the public highway with your personal belongings.

Response by SGM Bill Frazer made Oct 18 at 2022 12:11 PM

2022-10-18T12:11:59-04:00

Driver's Licenses are not under Federal, it is under States Laws, and I believe that it is a requirement in all states to have one to operate a vehicle. Get stopped w/o one and its anything from a ticket to a trip to the Magistrate or jail.

Response by MSgt Steven Holt, NRP, CCEMT-P made Oct 18 at 2022 4:00 PM

2022-10-18T16:00:24-04:00

Travel without a driver license (ie: passenger in a vehicle/bus/train/etc)? Sure. Drive a vehicle without a license? Hope you have plenty of money for fines, attorney fees, and bail.

Here in TN, operating a motor vehicle without a license is a Class C Misdemeanor with penalties ranging from a fine (usually $250-$500 plus court costs for first offense) and/or up to 30 days in jail. If you are driving, you MUST have a valid license in your possession (IE: in your pocket or in the vehicle) at all times.

Incidentally, since most people who do not have a valid DL also do not have vehicle insurance, you'll also get to face a charge of violation of the financial responsibility laws. Again, for TN, it's a $300 fine plus court costs and the possibility of having your valid DL suspended or revoked. Other states will vary based on their individual traffic codes/laws.

Response by SSG Bill McCoy made Oct 18 at 2022 5:37 PM

2022-10-18T17:37:27-04:00

On its face, no ... you do not - not when you are DRIVING. Driving is considered a privilege; not a RIGHT. If you drive, you are expected to have not only a driver's license, but a valid one as well. If a person is driving without a driver's license, they've already broken the law and all that remains is a valid reason for an agent of the government (police) to conduct a traffic stop.
Further, if you have no driver's license, you'd "probably" do not have insurance which is required in all 50 states; certainly on any military reservation. That's yet another violation of law.
Walking downt he street? No, you do not have to have a driver's license and depending on the circumstances however, you may need to have some form of legal identifications, i.e., a military ID.

Response by CPL Sheila Lewis made Oct 19 at 2022 12:51 PM

2022-10-19T12:51:49-04:00

Actually, driving is a privilege and not a right.

Response by 1LT Private RallyPoint Member made Oct 22 at 2022 4:53 PM

2022-10-22T16:53:11-04:00

No. In my opinion, I appreciate the steps we have taken to ensure driver safety and responsibility, like having a driver's license.

A couple of things come to mind: 1) It's not your road you're driving on, unless you built it. It belongs to someone else, usually a government. 2) It's not just you on the road. We have laws the regulate the shared use of the road, like being licensed and insured.

Response by SrA Matthew Knight made Oct 23 at 2022 5:08 AM

2022-10-23T05:08:56-04:00

Upon a public roadway, no.

When you are using public (government) owned roads for travel you have to abide by the laws of the jurisdiction of that road which includes having a valid driver's license, vehicle registration and vehicle insurance. Driving a vehicle, which is what you're doing regardless of the sovereign citizen BS that claims it's only travel unless engaged in commerce, is not a right. It's a privilege and one that can be suspended, revoked and result in you being arrested for violating.

Response by SSG Jack Scott made Oct 23 at 2022 5:15 PM

2022-10-23T17:15:28-04:00

Driving a motor vehicle within the United States in any state is a privilege not a constitutional right! Your driving privileges can be revoked at any time in any state for violation of state traffic laws, or some civil penalties like they are to pay child support! There’s no such thing as a sovereign citizen in the United States you are Citizen and you will comply with federal and state and local traffic laws! As a retired police officer no one I have ever dealt with who believed that they were sovereign citizens ever won in a court case. But go ahead and try being a sovereign citizen because this is what your question really refers to! Go a head!

Response by GySgt Charles O'Connell made Nov 12 at 2022 11:25 AM

2022-11-12T11:25:13-05:00

Do I have the right to travel/operate my personal aircraft and to carry my personal belonging, without being interfered with by the state officials, or any other entity without due process of the law, unless i have commit a crime or broken a law? The requirement to have a valid driver's license is matter of public safety, in order ensure that persons operating motor vehicles on roads and motorways have met a standard of training/testing to do so safely. The constitutional right to travel has nothing to do with meeting a standard for operating a motor vehicle. It is essentially the right to travel from state to state.