The following was submitted as a Letter to the Editor in response to comments posted online under “Four arrested at Malibu DUI checkpoint”
So, driving is a right, is it?
Those who do not trouble themselves to discover the facts often seem the most contentious, especially in print. I will wager that neither Mr. Spiegel nor Mr. Right could define the term “drive” as it is used in the law. That’s in part because the term is not defined, and when it is, it is more closely synonymous with “operate.” The activity regulated by the state driver’s license is the operation of motor vehicles and integrally related to interstate commerce. See Reno v. Condon (2000). Those who are not so involved need no license. Those who hold the license are not necessarily so involved at the point of contact with law enforcement. There is a right to travel. The people own the roads in California. Are we then to say that we may not use our private property non-commercially unless the government allows it? These cases are easily handled in court by those who know how. But, that requires effort and clearly; most are disinclined.
Steve Jones