Legal Question in Traffic Law in New Jersey

Why does a person need a license to travel/drive in a automobile?

Isn't traveling a Natural Right under the constitution? Does constitution trump statute?


Asked on 7/28/11, 11:41 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

The state has an obligation to maintain safety on the highways. Licensing was originally designed to limit drivers to those who had a certain level of competence operating a car and had a certain level of knowledge of the rules of the road. Cars are very dangerous instrumentalities.

Licensing was a response to car accidents.

Read more
Answered on 7/29/11, 4:46 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Driving is also a privlege not a right, each state's right to control the issuance of a Drivers License doesn't deny you of your constitutional right to travel. You can walk, take a train or a bus, you can buy a plane ticket. Government has the right to determine who is competent enough to drive based on the fact that an automobile can be a dangerous weapon in the wrong hands. There is absolutely no denial of your constitutional right to travel.

Read more
Answered on 7/31/11, 2:22 pm


Related Questions & Answers

More Traffic Law questions and answers in New Jersey