the right to drive

S

SmarterthanYou

rebel
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.... It includes the right in so doing to use the ordinary and usual conveyances of the day; and under 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 the city may permit or prohibit at will.
Thompson v. Smith, 154 S.E. 579, 1929
Click to expand...

so fuck off all of you 'no right to drive' assholes.
 
TuTu Monroe said:
Yes, I imagine you would.
Click to expand...

A t-shirt for you.

i_live_to_stir_the_pot_tshirt-p235758243249441515t5tr_400.jpg
 
froggie said:
It is hard not to be independent, too, I still have some issues. I get turned around backwards and get lost easily!
Click to expand...

I am still just as independent as a rich person who is driven around.
Perhaps moreso, I don't have to worry about where to park the van or remembering where I parked it.
 
SmarterThanYou said:
so fuck off all of you 'no right to drive' assholes.
Click to expand...
Did you Shepardize the cite to insure that it is still good law? I don't have access Shepard's here at the house, but if S.E. Reporter is the only place this appears then the right is only particular to one State in the US. Nationwide, it's still a privilege.
 
Activist court. Repubs usually complain when the courts protect rights not explicitly listed in the constitution, e.g., abortion.
 
froggie said:
My father's right to drive should be taken away from him, but I am a coward and won't do it.

any volunteers?
Click to expand...

In KY his DR can do it. The patient can appeal but I have never heard of a successful appeal.

The DR just issues a letter to the DMV. And they issue a letter to the driver who can either appeal or send in his drivers licence.
 
Socrtease said:
Did you Shepardize the cite to insure that it is still good law? I don't have access Shepard's here at the house, but if S.E. Reporter is the only place this appears then the right is only particular to one State in the US. Nationwide, it's still a privilege.
Click to expand...

States rights.
 
Threedee said:
Which state, Soc? I don't even know what the S.E. Reporter, except that I'm assuming its a law review journal of some kind...
Click to expand...

it is a reporter that reports cases for the SE division of the US...it is basically a state case digest....

that is why soc questioned the validity of the case because i believe the scotus has basically said driving is a privilege and not a right, so the state case would be trumped....the theory is that since you need a license before you can operate a motor vehicle, it is not a fundamental right, it is a privilege, however, certain due process rights attach once you gain a license and the state tries to take it away
 
You must log in or register to reply here.
Back
Top