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NikRik Donating Member (185 posts) Send PM | Profile | Ignore Wed Jul-01-09 08:30 AM
Original message
driving a privledge not a right ?
Iam curious as to the specifics of this driving a car or motor cycle being a privledge not a right. Now believe me I do not want dangerous drivers on the road or people under the influence of a substance/drunk drivers etc ! However did they have to catagorize driving as a privledge in order to get these poeple off the road ,I believe the court system would have been able to do that without giving such power to states DMV having so much control that they can a will take away a person ability to operate a car or any method of transportation on our roads! I have my own personal reason for being at odds with this. I have a ticket I recieved out of state in 1982 ,and the state in which this happen has put a hold on my ability to renew my driver license in my home state ,I have tried to rectify this matter with a out of state hearing ,however the novel size package of paper work that I filled out very carefully was rejected,not allowing me a hearing ? They will not provide me with any info on which part of my paper work was unacceptable and every attempt at a new request to reapply comes along with a fifty dollare charge ! This is at a time when Iam employed only part time after being unemployed for alomost two years ,it is stopping me from getting a better paying job. The DMV in my home state says Iam clear to get a license from them since I have had no infractions that are listed becsue its been so long since I've had a valid lic they did not even hace a record of my license ? I had to show them my expired license to prove I indeed had one! Is'nt there a certain point when I legal system should forgive almost any(stachute of limitations)misconduct,except murder of course or any crime that may have casued the death of another. It looks like my only way to clear this thing up is to hire a attorney in that state and I've been quoted a price of aprx $5,000 a amount that is far out of my reach ,may as well be 5 million ! Just my humble opinion ,I do not wish to offend anyone and families who have lost loved ones to auto accidents or drunk drivers have my deepest sympathy , my case did not involve any accident or injury to anyone except was appears to be a life sentence for me when it comes to getting any job that requires a drivers license ! Iam very open minded and will respect the opinion of those who reply.
Thank You ,NikRik
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BlueJazz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-01-09 08:43 AM
Response to Original message
1. If it was me...(and I could)...I would get on a bus back to my home state...
...get a Cheap, Cheap room...get an Id...take your rent receipt and ID ...then apply for a Driver license in that state.
Get licence...come back and apply in the state you're in.

I know this sounds like a big hassle but it could be done in a week....and better than paying $5,000.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-01-09 08:45 AM
Response to Original message
2. You should have paid that 1982 ticket
And try the spell check function. It could keep you from driving off a "privi-ledge".

You are free to drive without a license all you want as long as you stay on private land. Driving on public roads, which are paid for and maintained with public money, is subject to regulation.

...It looks like my only way to clear this thing up is to hire a attorney in that state and I've been quoted a price of aprx $5,000 a amount that is far out of my reach...

I suggest you contact your local legal aid society and see if you can find an attorney to take your case pro bono.

Good luck!
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brendan120678 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-01-09 08:46 AM
Response to Original message
3. First...paragraphs are your friend. Second...
you have the right and ability to travel freely from town to town, county to county, and state to state.

However, you do not have the right to do that traveling by driving. You may be granted that privilege, but it isn't necessarily a violation of one's Civil Rights to deny them a drivers license.
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Historic NY Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-01-09 08:55 AM
Response to Original message
4. DMV's united..pay your ticket its called reciprocity oh & its granted by the court.
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MajorChode Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-01-09 09:08 AM
Response to Original message
5. There's no "stachute(sic) of limitations" on the withholding of any type of license
A state can ban you from obtaining a driving license for life if they deem it necessary.

From what I can gather from your situation, you got a ticket in another state and you ignored addressing that legal issue in a timely matter. Now you are paying a price (albeit a very high one) for that mistake.

It sounds to me that there may be more to the story here. If it were a simple moving violation, most states are more than happy to accept delinquent fees (naturally greatly inflated from the original), in return for clearing the books of the charge. No hearing is usually necessary.
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Wednesdays Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-13-09 05:53 PM
Response to Original message
6. Driving a car, no...access to transportation, yes.
Edited on Mon Jul-13-09 05:57 PM by Wednesdays
I put myself through undergrad school working as a home health aide / all-around assistant to elderly patients. One of my various tasks was to chauffeur around clients to the store, etc. One was a guy in his 70's who just previously had his license taken away, and he was growling about how his "freedom was taken away by the damn government bureaucrats." Well, the guy had a stroke and couldn't even lift his left arm or get around without a wheelchair! So, I definitely think the state made the right decision. Certainly, concerns about safety (as well as many other reasons) trumps the notion of a "right" to drive. That may be what's going on in your case--that one or both of the states consider you too dangerous to have on the road.

However, people have the right to transportation--at least, enough to get around to essential destinations such as to work or to the grocery store. Public transportation is almost non-existent in my area...it's nearly 2 miles to the nearest bus stop from here, and I would be up a creek if I didn't have my car. I can't even imagine what it'd be like for a very poor person (and my "chauffeuring" gig was either paid out-of-pocket or via expensive insurance, affordable only to rather wealthy people). Unless you live within walking distance of your work and store, it's nearly impossible to live without access to some kind of motor transportation...and is therefore a basic right.

So, public transportation (that's affordable to even the poorest) really needs to be one of our top priorities the next few years.

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allanrbrts Donating Member (46 posts) Send PM | Profile | Ignore Wed Jul-15-09 10:21 PM
Response to Original message
7. privilege
It should be a privilege, not a right. If you can't demonstrate that you have the capacity to drive within the given laws you shouldn't be able to receive a driver's license.
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ihatecons9560 Donating Member (1 posts) Send PM | Profile | Ignore Thu Jul-16-09 02:07 PM
Response to Original message
8. it's a privlidge
But an extremely important one at that.
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rd_kent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-17-09 05:34 PM
Response to Reply #8
11. For your 2nd post
use the spell check button. Welcome to DU.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jul-16-09 03:51 PM
Response to Original message
9. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
rd_kent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-17-09 05:33 PM
Response to Original message
10. Freedom to travel is a right, driving is a privilege
Edited on Fri Jul-17-09 05:33 PM by rd_kent
And by the way, before you post, hit the "Check Spelling" button at the bottom of the page.
Welcome to DU
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JonQ Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-21-09 03:17 PM
Response to Original message
12. I think driving on any public roads is a privledge
and can be regulated by the state.

On your own property I don't think there are any rules.
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yost69 Donating Member (131 posts) Send PM | Profile | Ignore Sun Jul-26-09 05:42 PM
Response to Original message
13. Why wouldn't you just pay the ticket
Did you think it would not mean anything? If you couldn't afford it, most court systems have payment plans.
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