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    U.S. Supreme Court Says No License Necessary To Drive Automobile On Public Highways/Streets

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    U.S. Supreme Court Says No License Necessary To Drive Automobile On Public Highways/Streets

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    S Pablo August
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    U.S. Supreme Court Says No License Necessary To Drive Automobile On Public Highways/Streets

    Uploaded by

    S Pablo August
    Start reading more.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    U.S.

    Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets

    “The right to operate a motor vehicle [an automobile] upon the public streets and highways is
    not a mere privilege. It is a right of liberty, the enjoyment of which is protected by the guarantees
    of the federal and state constitutions.” Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966).

    “A traveler has an equal right to employ an automobile as a means of transportation and to


    occupy the public highways with other vehicles in common use.” Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41.

    "The RIGHT of the citizen to DRIVE on the public street with freedom from police interference,
    unless he is engaged in suspicious conduct associated in some manner with criminality is a
    FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts." People v.
    Horton
    14 Cal. App. 3rd 667 (1971)

    "Traffic infractions are not a crime." People v. Battle

    "Persons faced with an unconstitutional licensing law which purports to require a license
    as a prerequisite to exercise of right... may ignore the law and engage with impunity in
    exercise of such right." Shuttlesworth v. Birmingham 394 U.S. 147 (1969).

    "The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons
    on highways." -American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200
    Motor Vehicle: 18 USC Part 1 Chapter 2 section 31 definitions: "(6) Motor vehicle. - The term
    "motor vehicle" means every description of carriage or other contrivance propelled or drawn by
    mechanical power and used for commercial purposes on the highways…"
    The term “used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly
    connection with any business, or other undertaking intended for profit.

    "No State government entity has the power to allow or deny passage on the highways, byways,
    nor waterways... transporting his vehicles and personal property for either recreation or business,
    but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc.
    Travel is not a privilege requiring licensing, vehicle registration, or forced insurances."
    Chicago Coach Co. v. City

    of Chicago, 337 Ill. 200, 169 N.E. 22.

    "Traffic infractions are not a crime." People v. Battle

    "Persons faced with an unconstitutional licensing law which purports to require a license
    as a prerequisite to exercise of right... may ignore the law and engage with impunity in
    exercise of such right." Shuttlesworth v. Birmingham 394 U.S. 147 (1969).

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