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?
2 Answers from Attorneys
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.
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.
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