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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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can the dvla with hold your licence after a ban, for a different

Customer Question

can the dvla with hold your licence after a ban, for a different reason than what u were banned for
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What is your licence being held for?
Customer: replied 3 years ago.

jomo1972
Originally held for Driving whilst disqualified.

Ban finished Sept 2012, but there with holding it now because they found out that I had an implant. They have had all relevant information back from the medical centre confirming that I am free of drugs and yet still delaying. They are still saying I have to wait another 12 weeks, my money was taken for renewing the license back in Sept 2012.

Expert:  Jo C. replied 3 years ago.
Thanks.

Essentially they have revoked for medical reasons?
Customer: replied 3 years ago.

FOR JOMO1972 yes, but he has passed all medical examinations, and tests


 

Expert:  Jo C. replied 3 years ago.
Thanks.

They are free to revoke for any reason of which they find evidence. Just because there was a ban for a certain offence does not mean they cannot look for other road safety issues.

They do need evidence to support the revocation though. They cannot do it entirely upon a whim.

From what you say though Im not sure its worth appealing at this stage. There is cost in appealing and they are not saying that they will not allow you to drive. They are just causing delay. Even if you issued tomorrow it would take several months to get to court and they might well have relented by then.

If they don't have a medical basis for this though then you have a fairly good chance on appeal.

Hope this helps. Please let me know if you need more information.

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