Legal Question in DUI Law in California

I think it was in about 1962, Thompson vs Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329 page 1135. The U.S. Supreme court says " it is NOT privilege which may be permitted or prohibited at will, but a common RIGHT, guaranteed by the Constitution, to travel the public Highways. So how can California deny people this by saying it's a privilege and be able to arrest someone for driving without.


Asked on 6/14/16, 12:08 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The ability to TRAVEL is indeed a right. Driving, however is not a right, but a privilege and the state can regulate it and require a license.

So you're free to walk the United States without a license, but if you want to drive, you need a license.

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Answered on 6/14/16, 5:42 pm
Robert Kane Law Offices of Robert D. Kane, Jr.

The right to travel does not mean there is a right to drive an automobile or use whatever means of travel an individual desires. Obviously, "highway" in 1787 did not have the same meaning as "highway" 2016. You can always take a train, bus, or even walk to travel throughout these great states.

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Answered on 6/15/16, 8:26 am


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