Legal Question in Traffic Law in California

Right to travel freely vs Required driver license

I have a citation for 12500 (a) vc unlicensed driver (California Vehicle Code)

The US Constitution protects the Right To Travel Freely.

Driving is described as travel for profit or personal gain usually in $ (I have been told,... read on the subject,... have not looked it up). I was not being paid in any form.

Travel is all other movement, thus a protected (?) activity. I was traveling,... freely.

This law violates the US Constitution, thus should be void. I have read a little and through resources have heard that others have shown this in court and no longer need a license for themselves or for the car to travel freely.

How do I defend this? I am finding it difficult to find case law directly related, where is best to look?

How do I find an attorney to defend this properly for me?

Would the officer be guilty of violation of title 42 Section 1983, 1985, and/or 1986?

If I plead no contest now, can I get it reversed or cleared later when I have more supporting information?


Asked on 3/23/04, 1:49 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Right to travel freely vs Required driver license

Your position is completely unteneable. You will not find any cases supporting your position. All courts have taken the position that requiring a driver's license is a reasonable use of the state's police powers to protect the public. Your best bet is to take the steps required to get a valid driver's license, and be more careful about who you listen to.

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Answered on 3/25/04, 11:41 pm


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