the right to drive

**Timshel** · 09-26-2009, 09:29 PM

Activist court. Repubs usually complain when the courts protect rights not explicitly listed in the constitution, e.g., abortion.

**Whomever** · 09-26-2009, 10:00 PM

Originally Posted by froggie

My father's right to drive should be taken away from him, but I am a coward and won't do it.

any volunteers?

In KY his DR can do it. The patient can appeal but I have never heard of a successful appeal.

The DR just issues a letter to the DMV. And they issue a letter to the driver who can either appeal or send in his drivers licence.

**Whomever** · 09-26-2009, 10:02 PM

Originally Posted by Socrtease

Did you Shepardize the cite to insure that it is still good law? I don't have access Shepard's here at the house, but if S.E. Reporter is the only place this appears then the right is only particular to one State in the US. Nationwide, it's still a privilege.

States rights.

**Minister of Truth** · 09-26-2009, 10:33 PM

Which state, Soc? I don't even know what the S.E. Reporter, except that I'm assuming its a law review journal of some kind...

**Cancel 2018. 3** · 09-27-2009, 12:06 PM

Originally Posted by Threedee

Which state, Soc? I don't even know what the S.E. Reporter, except that I'm assuming its a law review journal of some kind...

it is a reporter that reports cases for the SE division of the US...it is basically a state case digest....

that is why soc questioned the validity of the case because i believe the scotus has basically said driving is a privilege and not a right, so the state case would be trumped....the theory is that since you need a license before you can operate a motor vehicle, it is not a fundamental right, it is a privilege, however, certain due process rights attach once you gain a license and the state tries to take it away

**Timshel** · 09-27-2009, 12:38 PM

PACKARD v. BANTON, 264 U.S. 140 (1924)

The streets belong to the public and are primarily for the use of the public in the ordinary way. Their use for the purposes of gain is special and extraordinary, and, generally at least, may be prohibited or conditioned as the Legislature deems proper.

http://caselaw.lp.findlaw.com/script...=264&invol=140
Requires registration.
...

It seems the supreme's recognized a right to drive, but that there was no recognized right to carry passengers or goods for profit.

**Lowaicue** · 09-28-2009, 02:33 AM

What America needs, from what your TV shows us, is a 'Right NOT to drive'!!
When people start to fight for that right you will be getting somewhere.

**SmarterthanYou** · 09-28-2009, 11:00 AM

Originally Posted by Yurt

it is a reporter that reports cases for the SE division of the US...it is basically a state case digest....

that is why soc questioned the validity of the case because i believe the scotus has basically said driving is a privilege and not a right, so the state case would be trumped....the theory is that since you need a license before you can operate a motor vehicle, it is not a fundamental right, it is a privilege, however, certain due process rights attach once you gain a license and the state tries to take it away

the bolded part is where the people of this country need to unite, but will never happen. simply abiding by a court decision that says there is no constitutional right since it's not specifically mentioned in the constitution completely eliminates the 9th and 10th Amendments and shouldn't be tolerated in any way, shape, or form.

Cancel5 · 09-28-2009, 02:52 PM

Originally Posted by Whomever

In KY his DR can do it. The patient can appeal but I have never heard of a successful appeal.

The DR just issues a letter to the DMV. And they issue a letter to the driver who can either appeal or send in his drivers licence.

I will have to check into the laws in Kansas. My sister followed him home from the hospital and says it is time!

My mother has made a full recovery! 90 years old and amazing, an intestinal blockage, two blood transfusions and pneumonia and she is not at home and doing GREAT!

**Cancel 2016.2** · 09-28-2009, 03:45 PM

Originally Posted by froggie

My father's right to drive should be taken away from him, but I am a coward and won't do it.

any volunteers?

It is tough for a child to that to a parent. I would suggest having one of your kids do it. I took away my grandmothers keys rather than my father or aunt doing it. Way easier for a grandkid to do it than a kid.

Cancel5 · 09-28-2009, 04:06 PM

Originally Posted by Superfreak

It is tough for a child to that to a parent. I would suggest having one of your kids do it. I took away my grandmothers keys rather than my father or aunt doing it. Way easier for a grandkid to do it than a kid.

Maybe, my nephew who was almost drafted to the Colt's would be the best candidate!

**Thorn** · 09-28-2009, 05:02 PM

My dearest mother-in-law locked her keys in her car, accidentally, and my brother-in-law had a heart-to-heart with her about trying to recover them and drive again. She is now in an advanced stage of Alzheimer's. It was difficult for him but it was entirely an act of love. She had had a couple of (luckily) single car incidents that showed she was no longer fully competent to drive.

I meant the "dearest" part; it wasn't sarcasm. She was a thoroughly bright and wonderful person and it's heartbreaking to see what's happening to her.

**Cancel 2018. 3** · 09-28-2009, 05:41 PM

Originally Posted by SmarterThanYou

the bolded part is where the people of this country need to unite, but will never happen. simply abiding by a court decision that says there is no constitutional right since it's not specifically mentioned in the constitution completely eliminates the 9th and 10th Amendments and shouldn't be tolerated in any way, shape, or form.

interesting....then the scotus should not be the highest court in the land?

if it is a right....then if you can't pass the drivers test, do you still have a right to drive? if you get a dui and your license revoked, do you still have a right to drive?

**SmarterthanYou** · 09-29-2009, 06:23 AM

Originally Posted by Yurt

interesting....then the scotus should not be the highest court in the land?

but the supreme court is not the ultimate authority on the constitution. That is 'we the people'.

Originally Posted by Yurt

if it is a right....then if you can't pass the drivers test, do you still have a right to drive?

like all rights, there can be no test, license, fee, or tax. voluntarily complying with the licensing process is a choice i guess, but i don't do it.

Originally Posted by Yurt

if you get a dui and your license revoked, do you still have a right to drive?

my opinion is if you can't be trusted with your rights, you don't deserve to be out on the streets.

**Mott the Hoople** · 09-29-2009, 10:50 AM

Originally Posted by froggie

It is hard not to be independent, too, I still have some issues. I get turned around backwards and get lost easily!

I've never gotten lost. Though there was that time in mountains of western New York State where I was a bit confused for a couple of hours. I almost stopped and asked for directions!!