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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Hi my 3 year ban has just ended in May the DVLA are refusing

Customer Question

Hi my 3 year ban has just ended in May the DVLA are refusing to give it back to me on medical grounds (abuse of alcohol) whilst not driving. I am appealing but I don't know how to properly I have medical evidence to support the fact that I am abstinent and I wish to fight for my licence back.

I am on benefits and would like to find a solicitor to take my case as I am at my wits end trying to improve myself and get back into the workplace but it is increasingly difficult without being able to drive anywhere.

Any idea's please

Kathy Ranns
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

How can i help with this please?
Customer: replied 3 years ago.

I don't know Jo I would like to know how I go about getting my case in front of a magistrate and how I get legal aid.


What is the process and where do I start?


Expert:  Jo C. replied 3 years ago.
Were you banned for drink driving?
Customer: replied 3 years ago.

Yes of course, that ended in may 13 and I have been abstinent from drink for twelve weeks I want to go to court because the non return of my licence is now hindering my chance to get a better job and get off beneifts

How do I do it

Expert:  Jo C. replied 3 years ago.
What was your reading?
Customer: replied 3 years ago.

CDT or original ban?

Expert:  Jo C. replied 3 years ago.
Well, both really?
Customer: replied 3 years ago.

3.5 times in 2009 CDT7.7%, I advised the DVLA doctor that I had been abstinent for three weeks at that time and he said that my reading would be high. But I am well aware of that I have been on forum's regarding this test and it is being mocked by serial drink drivers as they state that if you don't drink for 4 weeks or more you can pass the test. I want someone to act on my behalf and advise me how to get legal aid and fight this.


I am fuming as I have completed my 3 Year ban, have not done anything detrimental, i.e., driving on a ban etc., and I find it ludicrous that I have an opportunity to get off the benefits system and I am being hindered

Expert:  Jo C. replied 3 years ago.

I understand that this is emotive for you but I really only need to know what your readings were?
Customer: replied 3 years ago.



I've just given them to you


Original breath test 3.5 times over


CDT 7.7%

Expert:  Jo C. replied 3 years ago.
Thank you.

This is an issue of road safety not punishment for drink driving.

You have indeed completed your sentence and can no longer be punished for that particular offence. That matter falls away.

The reason the DVLA have revoked your licence is not that you committed that particular offence but that they are saying that your alcohol consumption renders you a risk to other road users. You cannot hide from the fact that this was a high reading on the trigger offence and the CDT was fairly worrying.

It is easy enough to get this matter before the Magistrates Court. You have an automatic right of appeal to the Magistrates Court. That is not the issue.

The issue is two fold. Firstly, there is no legal aid for this type of hearing. There is no point even in an application. Nobody gets legal aid to appeal the DVLA. Many people appear unrepresented so there are limited costs and court costs are usually £185 or thereabouts. Secondly, you are trying to raise exceptional hardship which is not a challenge. There is no point in an appeal unless you are properly prepared. Its one thing to have a right of appeal and another to have a good chance of appeal.

There is one single ground of appeal. That is to say that you are not a risk to road safety. No other ground exists. Obviously that is something that anybody can say but it has to be supported by medical evidence if you are going to persuade the Court the DVLA are wrong.

Unless you can find a doctor who is going to say that you do not present a risk to road safety there is no point in pursuing an appeal.

You can also ask the DVLA to reconsider their decision in the light of any new evidence you have. That is free to do but in this case they are likely to be fairly firmly entrenched in their view.

This is not to say that you cannot appeal and win but just that these are the criteria.

Can I clarify anything for you?


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