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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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the dvla revoked my license after having a clean license for

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the dvla revoked my license after having a clean license for over 30 years, I was told by the dvla to go for a medical or my license would be revoked which I did and because a small amount of cannabis was found in my blood the gave this as a reason to revoke my license on 0ctober 4th 2011, I have been trying to get my license back since, was that legal for them to take my license?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

Did you appeal this decision to a Magistrates Court?

What exactly have you done in the last 2 yeard to get your licence back?
Customer: replied 3 years ago.

I didn't appeal to a magistrates court, I have applied twice to get my licence back, the first time it was denied as my doctor (psychiatrist) put on the form that I had smoked cannabis in the previous 6 months this was in jan 2013, the second time I started the application in May 2013 it took until late October to reply, they were requesting I go for another medical where I would have to give a urine sample have a blood test and remove my clothes? I rang and inquired why I would have to go through all this and to inform them I have a fear of needles, I was told they would send me another letter with the ammendment of not giving blood, I never received this letter. I received a letter in late December saying as I hadn't attended the medical I have to re apply and that I may want to take legal advice. I still would like an answer to my question of was it legal for them to take my license in the first place, I suffered a breakdown in October 2009, I informed the dvla in March 2010 of my breakdown, I heard nothing from the dvla until August 2011 around the time coincedantly that I was in employment tribunal for unfair dismisal (which I won) but since I have had no licence my return to work has been impossible and as a result my mental health has suffered greatly

Expert:  Alice H replied 3 years ago.
DVLA has power under the Road Traffic Act 1988 to revoke a driving licence when there is evidence that the driver is not fit to drive through medical conditions, such as epilepsy, mental disorder, fainting or persistent misuse of drugs or alcohol. Representations against a revocation can be in writing but if refused, then an appeal lies to the Magistrates Court and the time limit is 6 months from the date of the decision. In your case it appears that DVLA are suggesting that you re-apply and to support your application you will need to obtain a medical certificate confirming that you do not have medical or drug problems preventing you from driving safely. Whether they were right or wrong to revoke your licence in the first place is virtually impossible for me to answer without a detailed analysis of the circumstances at that time - but the reality is that its now too late to appeal that past decision anyway.
Customer: replied 3 years ago.

But I have not had at any time any of my doctors declaring I am unfit to drive, in fact on the contrary I have sent the dvla letters from my gp saying I am fit to drive, my psychiatrist has also stated I am fit to drive?

Expert:  Alice H replied 3 years ago.
Maybe I have misunderstood.

But did you not say your first application was refused because your psychiatrist said you had smoked cannabis?

And your second application was refused because you did not attend a medical?

At which point did your GP certify your fitness to drive?

In any event, your second application has obviously been refused. You can ask DVLA to reconsider their decision in light of the promise you were made for a medical without the use of needles.
Customer: replied 3 years ago.

My gp declared in writing from the original time probably early 2012, so are you saying if I now get another declaration I should be okay? and why do I have to attend a medical anyway if in their enquiries my doctors have said I am fit to drive?


 

Expert:  Alice H replied 3 years ago.
Your GP will have to conduct a DVLA standard medical test. If you pass that test then you should be able to persuade them that you are fit to drive.

The medical is to test you for drugs. A negative result will obviously be in your favour.

My suggestion is that, although you are being made to go through some medical hoops, its in your interests to co-operate as ultimately this will help you get your licence back.
Customer: replied 3 years ago.

I have no problem with having any test whatsoever with my g.p but I am not being given that option?

Expert:  Alice H replied 3 years ago.
The options are somewhat limited

1 Take the medical, pass and all being well your application will be granted.

2 Refuse the medical, the consequence of which is no licence.

I'm sure it feels unfair, but those seem to be your only options at this stage.
Customer: replied 3 years ago.

It has been unfair all the way, so you don't think I should go to the magistrate court?

Expert:  Alice H replied 3 years ago.
There are no grounds at this stage.

The refusal of your second application was the failure to take a medical - in the absence of a medical test the Magistrates will not be able to make a decision.

They have to decide whether, on the balance of probabilities, you are fit to drive. DVLA will say you have a past history of taking cannabis - without an up to date medical you will not be able to refute that assertion.

My opinion is that an appeal at this stage will be futilr and a waste of your time and money (legal aid is not available for these cases).
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