Does a temporary suspension of a driver's license pursuant to section 11350.6 infringe a citizen's right to travel?

California, United States of America


The following excerpt is from Tolces v. Trask, 76 Cal. App. 4th 285, 90 Cal.Rptr.2d 294 (Cal. App. 1999):

We agree with the trial court that suspension of Tolces's license pursuant to section 11350.6 merely prohibits Tolces from possessing a license to drive, temporarily, and does not infringe upon his right to travel. Suspension of a driver's license, for whatever reason, does not prevent a citizen from traveling wherever and whenever he or she chooses. "It merely limits his options as to his mode of transportation. Thus the right of an individual to operate a private automobile cannot be equated with the fundamental constitutional right of an individual to travel." (McGue v. Sillas (1978) 82 Cal.App.3d 799, 805.) As stated by the trial court, Tolces's right to travel has not been infringed upon, in that he can still travel as a passenger in a car, bus, or plane.

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