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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience:  Over 5 years in practice
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Hello I received a ban for drinking and driving for 18 mths

Resolved Question:

Hello I received a ban for drinking and driving for 18 mths over 6 years ago. I decided not to drive for some time as I had financial difficulties. When I did decide to drive I applied for my licence and I had to undergo a medical examination. Based on this report it showed a history of alcohol dependence. After this DVLA rejected my application and said that I need to show a full control of the dependence is first achieved before my application for a licence is considered. I do not drink alcohol any more as I quitted on my own accord. It has been literally 1 year now. I have asked my doctor to submit me a another report to send to DVLA, My doctor is not been very supportive at all. I pleaded to him that I have not drunk any alcohol at all for one year. I asked him to look at my blood reports as evidence. After constant requests from the doctor, he said that I was wasting my time and if I wanted to waste my money, I could. He said that I should give some more blood tests and also will cost me about £50 for another report to submit with no guarantees. I know I can justify this but my doctor is not very supportive at all. What can I do about this. If my blood tests show good results, how can he reject this?
Please advice me further and advice if I have to take another test again. I have been driving for nearly 25 years and had only one offence drinking and driving over 5 years ago. This is really stressing me out. I have already spent £90 on driving licence and £98.50 on a medical test and now I need to pay another £50 to my doctor for another report and No licence at all. Regards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

How can I help with this please?
Customer: replied 2 years ago.

Does only my Doctor has this say weather or not I am fit to drive. I hardly see this doctor but see other doctors in the same surgery. I have asked you questions on my first email I have sent you, please read.

If no alcohol has been in my body for one year, why is my application at the risk of being rejected again.

Do I have to take another driving test Again.

Why am I having to pay constant Charges.

Who can I apply to, who can over rule my doctors decision based on my blood tests??

Expert:  Jo C. replied 2 years ago.
Thank you.

1 No. But the DVLA will take into account his opinion. You can pay for a further opinion by a different doctor although, in fairness, there is little point because the DVLA will want the views of a doctor from your surgery.

2 That is a matter for the DVLA but I would imagine their concern is to ensure that there is no alcohol dependency now. Being clear of alcohol on the dates of testing does not mean that there is no alcohol consumption during that period.

3 Only if the court ordered disqualification until extended test. The DVLA just plain revoke licences on medical grounds. They do not order further driving tests.

4 Basically because you are making the application to the DVLA. That causes administrative actions and they have to be paid for.

5 There is no way of ensuring that the DVLA will not consider the views of your doctor I'm afraid. They may not be conclusive but they will be considered.

You do, of course, have a right of appeal from any decision of the DVLA to the local magistrates court.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience: Over 5 years in practice
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