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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I passed my driving test in 1991, i received a mandatory 3

Customer Question

I passed my driving test in 1991, i received a mandatory 3 year driving ban for refusing to take a breath test,for the second time within a 10 year period.My ban finished in 2008 i applied for my license in 2010. I then had to take a medical with a blood test to receive my license back,i was told my liver contained a high level of alcohol. my license was revoked.I then went to my own doctor that i have been a patient with for over 20 years.He wrote me a letter to the dvla saying he has never none me to be alcohol dependent and did not have an alcohol problem and in his opinion the liver readings where from steriods that i had took around the time of the first blood test.When i finally got my license back it was a new license without the entitlements of my original license, i am not aloud to drive 7.5tonne vehicles which i had on my original license.Is this legal and am i entitled to have a license allowing me to drive all the vehicles that was on my original license when i passed my test ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What was your reading?
Customer: replied 3 years ago.

FOR JOMO1972


What do you need to know?

Expert:  Jo C. replied 3 years ago.
I need to know what your reading was?
Customer: replied 3 years ago.

Do you mean the reading from the blood test i took at the medical?

Expert:  Jo C. replied 3 years ago.
Yes, do you know?
Customer: replied 3 years ago.

FOR JOMO1972


Sorry i cant remember, i know there was three different test on my blood and they where over the levels that was on the letter dvla sent me,to have the medical.

Expert:  Jo C. replied 3 years ago.
OK. I see whats happened here.

I am sorry but the DVLA have assessed your entitlements in the light of your offending history. I'm afraid that two offences in 10 years often does lead to the attention of the DVLA.

Whatever the order of the court the DVLA are free to revoke licences entirely to reduce the entitlements upon it.

You can appeal any decision of the DVLA to the local Magistrate sCourt. However, its one thing to have an automatic right of appeal and another to have a good chance of appeal. Unless you can find a medical expert who is going to say that you are safe to drive there is no realistic chance of this being overturned I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.
Customer: replied 3 years ago.

FOR JOMO1972


I have had a letter from my doctor who has been my doctor for over twenty years. Stating that i am fit and healthy and never been dependent on alcohol. Is this not good enough.And if i am safe to drive a car surley i am safe to drive the vehicles was entitled to drive when i passed my test.And if i am prepared to pay for this DVLA will let me take a test to drive these vehicles.

Expert:  Jo C. replied 3 years ago.
Not necessarily. The issue isn't whether you are alcohol dependent but whether you present any risks at all.

I think probably their concern is that you should not be a professional driver. Vehicles of over 7.5 tonnes do present risks that others do not.

Thats not to say that it cannot be done but you need to address the DVLA's concerns.
Customer: replied 3 years ago.

How do i appeal this decision?

Expert:  Jo C. replied 3 years ago.
You have to issue at the Magistrates Court but you need to gather evidence first or its wasted time and money.

Have you asked the DVLA to reconsider?

Delighted to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JAMO1972


I did ask DVLA to reconsider this was over a year ago.And is this not a civil matter now?

Expert:  Jo C. replied 3 years ago.
Yes, the decision of the DVLA are civil matters.

You will have to issue at the Magistrates Court then. Court staff will give you the forms. It will cost about £185.
Customer: replied 3 years ago.

Okay, thank you.

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.

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