Can I argue that driving is an American right, so I don't need a license to drive?

Question

According to Educate Yourself, driving the American roads is the American right to drive and not a privilege. Can I argue this to prove that I don't need a license in order to legally drive?

James Osak · Answer

You can argue it. Good luck though. The courts recognize that driving is a "privilege." They will not listen to your arguments. Ask "Educate Yourself" how many court victories

Jon Buchholdt · Answer

You can, but not persuasively.

Bruce Arthur Plesser · Answer

No.

David Cohen · Answer

No.

Jared Altman · Answer

No.

Thomas Ogas · Answer

No.

Stuart Nachbar · Answer

No.

Brandon Gardner · Answer

No.

Edward Blum · Answer

No.

James Smith · Answer

No.

Mark Bruce · Answer

You can argue that.  You will lose.  Driving in California is defined as a privilege, not a right, under the law.  That's why it's not in the bill of rights.

Larry Dunn · Answer

Arguing that driving in Nevada is a 'right' and not a 'privilege' is not a new argument but not a successful argument to date. A group of people commonly referred to as Constitutionalist have made similar arguments more to make a political statement rather than expecting to defend against the charge  of  driving without a driver's license.

Mark Smith · Answer

Driving is not an American Right, it is a privilege and therefore you need a license.

Dennis P. Mikko · Answer

No, driving is a privilege that can be restricted by the government.

Benjamin Gordon · Answer

No, that argument will not gain you any traction with Utah Courts.

Michael J. Breczinski · Answer

No all courts have ruled it to be a privilege not a right. Believing these people will end up landing you in jail.

Steven Decker · Answer

Not only would you lose your argument your position, which has been rejected before, will serve to irritate the court.

Joseph Dane · Answer

Good luck.    That argument has been tried and has failed many times.  Driving has been held to be a privilege, NOT a right, no matter what an internet website calls it.  The government has been given authority to regulate it and even revoke your privilege to drive.

Austin Hirschhorn · Answer

You can argue that but I don't think the argument would be persuasive because all the courts that consider driving matters as well as the Michigan Secretary of State take the position that driving is a privilege.

Francis Cowhig · Answer

No.  Contrary to what Educate Yourself says, driving is not a right, but a privilege.

James Schoenberger · Answer

Driving is not a right, it is a privilege, regulated by the states.

Jared Winter · Answer

You can argue that.  But you have no legal authority to support that argument.  You'll lose.

Gregory Crain · Answer

You can argue that but it's a loser.

Terry Nelson · Answer

Anybody CAN say or do anything they like.   But as to this, nice try, no brass ring.  Do you really think you are the first person to dream up such theory?  You'd be laughed at all the way to jail when you got convicted by raising no effective defense.  Either defend the charges rationally with real law and theory, or suffer the consequences.

James Gandy · Answer

Though you can argue it, you will almost certainly be unsuccessful. Driving is a privilege and NOT a right.

Steven D. Dunnings · Answer

It's not a right it's a privilege granted to you by the State as long as you comply with Federal, State and local laws.

Leonard Harden · Answer

You can argue anything you want, but state law requires a license and the right to drive is not in the Constitution.  I don't believe there is any merit in the right to drive statement.

S. Hunter · Answer

In Michigan driving is a right and not a privilege. Therefore you need a license to drive.

Michael Palumbo · Answer

You can argue it but you will be 100% wrong.

Jennifer Leigh Gottschalk · Answer

That argument would not work in any state in this country.  But even if driving is a "right" not a "privilege" states can impose certain conditions on driving on its citizens, like passing a basic skills test for a license.

Jason Overton · Answer

Sure you can argue that.  You'll lose, but you can argue anything you want.

Nathaniel Shafer · Answer

That is unlikely to help your case. Courts have consistently held that driving is a privilege, not a right.

Anthony Roach · Answer

You're wasting your time and the court's time with such nonsense.

Jaime Cowan · Answer

No. The law of the state is that driving is a privilege not a right.

Brian Wanerman · Answer

Driving is not a constitutionally-protected right.  States can set limits on who is allowed the privilege of driving.  Otherwise, they'd have to let toddlers drive cars.

Gregory Casale · Answer

It has long been established that driving is a "privilege" and not a right. You can argue all you want I suppose, but it will not prevail.

Leonard A. Kaanta · Answer

Driving is not a right, it is privilege.

John Brennan · Answer

You can try, will lose, have to appeal and eventually get a favorable ruling from the U S  Supreme Court reversing prior precedent.   I would suggest that you obtain an drivers license unless you are very, very wealthy, in which case call my office.

Jeff Yeh · Answer

Won't work. People have tried, and failed.

Daniel J. Pingelton · Answer

You can argue anything you want. And you'll lose. Contrary to what you read on the internet, numerous cases have held that driving is a privilege, and not a right.

Steven Alpers · Answer

That is not the law.  The law says driving is a privilege which can be taken away.  This issue was decided decades ago.  Also,  they can require you to take alcohol testing if there is a reasonable suspicion of driving under the influence.

Russell Pietryga · Answer

You will not have any success. While your argument has merit, the states decide who can and cannot drive.  Bottom line, driving is a privilege, not a right.  And, a state can and does put restrictions on a persons ability to get a license.  Such as: Age; minimum ability; glasses; etc.  Sorry, I know this is not what you want to hear.

Edward Kroll · Answer

You can certainly argue it.  You will certainly lose.

Timothy Klisz · Answer

No. That is untrue and you will certainly end up in jail if you drive without a license in Michigan.

Bernal Ojeda · Answer

No. Driving is considered a privilege. It is not a right.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I argue that driving is an American right, so I don't need a license to drive?

45 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer