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Fight my traffic tickets with the Right to Travel

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denise1624

Junior Member
NY

Can I fight my driving w/o license and unregistered vehicle, tickets with the "Right to Travel" argument ?

with an affidavit for denial of traveling in commerce



". . . the right to travel is an unconditional personal right, a right whose exercise may not be conditioned." Shapiro v. Thompson (emphasis by the United States Supreme Court.);

"The right to drive an automobile is integrally bound up in the right to travel guaranteed by the Supreme Court's interpretation of the U.S. Constitution." U.S. v. Guest (1966), Miller v. Depuy (1969);

The object of a license is to confer a right or power, which does not exist without it. Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273.
The word “license” means permission, or authority; and a license to do any particular thing, is a permission or authority to do that thing; and if granted by a person having power to grant it, transfers to the grantee the right to do whatever it purports to authorize. Gibbons v. Ogden (Feb 1824) 22 US 1, 6 L Ed 23, 9 Wheat 1.
 
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Zigner

Senior Member, Non-Attorney
NY

Can I fight my driving w/o license and unregistered vehicle, tickets with the "Right to Travel" argument ?

with an affidavit for denial of traveling in commerce



". . . the right to travel is an unconditional personal right, a right whose exercise may not be conditioned." Shapiro v. Thompson (emphasis by the United States Supreme Court.);

"The right to drive an automobile is integrally bound up in the right to travel guaranteed by the Supreme Court's interpretation of the U.S. Constitution." U.S. v. Guest (1966), Miller v. Depuy (1969);

The object of a license is to confer a right or power, which does not exist without it. Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273.
The word “license” means permission, or authority; and a license to do any particular thing, is a permission or authority to do that thing; and if granted by a person having power to grant it, transfers to the grantee the right to do whatever it purports to authorize. Gibbons v. Ogden (Feb 1824) 22 US 1, 6 L Ed 23, 9 Wheat 1.

No, just no.
<smh>
 

ALawyer

Senior Member
Knowledge is Good; A Little Knowledge Can Be Dangerous

You seem to be doing some legal research and stringing together potential arguments, and that can be a good thing, but think for a minute. There are over 1.3 million lawyers licensed in the United States (at least as of 2015): https://www.americanbar.org/content/dam/aba/administrative/market_research/lawyer-demographics-tables-2015.authcheckdam.pdf

Lots of them get traffic tickets every year. If the argument you conjured up would work, don't you think one of the 1.3 million lawyers would have made it already?

I hope you won't try relying on that argument in court. Were I the judge I'd be so ticked off with you for wasting my time that I'd be inclined to impose the maximum penalty on you.
 

CTU

Meddlesome Priestess
If the argument you conjured up would work, don't you think one of the 1.3 million lawyers would have made it already?
.
That's the question to which there seems to be no satisfactory answer!

:D

(I think I just mangled that sentence. Oops.)
 

FlyingRon

Senior Member
Yes, there is the right. However, rights can be taken away. All it takes is due process

From the Fifth Amendment:

No person shall be deprived of life, liberty, or property, without due process of law;

You can be thrown in jail or even executed, provided there is due process, no matter what right you claim to be exercising.
 

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