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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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Jo, I have had my driving licence revoked following a cdt

Customer Question

Hi Jo, I have had my driving licence revoked following a cdt reading of 4.6 in a dvla medical. I have no convictions and all my medical history is clear of anything related to alcohol. In addition I have had liver function tests which show there to be no alcohol related damage and I even have a letter from my gp stating that I have no alcohol problems. The cdt test was done the day I returned from a nine day skiing holiday where I had drank far more than usual. I would like to take this to a magistrate's court but am worried that I would have to pay dvla's costs should I loose. Basically I cannot afford £1000's
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay. To be wholly honest, I had laser eye surgery on Tuesday and have had trouble seeing the screen since!
What would you like to know about this please?
Customer: replied 2 years ago.

Hi Jo, my question is, if this went to a magistrate's court would it be sufficient for the dvla to state that I failed the cdt test and so must have my license revoked, regardless of any other information from my doctor?

Expert:  Jo C. replied 2 years ago.
It isn't really possible to tell from this information.
The CDT test is the basis for the revocation. It wouldn't be possible to argue that they had entirely gone off on a frolic of their own. They were reasonably entitled to revoke upon this information.
The question of whether you can get it over turned really depends on what your doctor is going to say and how credible he is. You do have the burden of proof and you need to convince the Magistrates that you do not present a risk to other road users. People do achieve that sometimes but it turns on the facts of the case.
You do take a risk in going to court. That is always true of any action. If you lose then you would end up paying costs although it is not usually much more than £500.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for the prompt reply Jo.

You've answered my question which was whether the dvla were entitled to revoke my license based solely on the cdt test and to pay no heed to all the other medical information.

I will have to consider whether I can risk loosing this amount and compound my problems - a lot of people in this situation would be out of work also - when the result will depend upon the whim of the magistrate.

Expert:  Jo C. replied 2 years ago.
Yes, and that is the problem with the Magistrates Court in particular.
But if you are going to be without work then it is probably your only option.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Jo, I don't have the money to risk in court and thankfully this is not affecting my work. No doubt there will be a cost implication with car insurance but this shouldn't be so much as I could loose in court costs.
Last line of defense is the case is with the Parliamentary and Health Service Ombudsman with the complaint that the DVLA did not follow their own guidelines which are to gather information from my own doctor - or at least they did but ignored it.
Thanks for your help,
Goodbye
Expert:  Jo C. replied 2 years ago.
No problem.
All the best.