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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
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My licence has been suspended year, by the dvla

Customer Question

Hi. My licence has been suspended for a year, by the dvla (this isn't the first time) the original reason was because, l had to send my licence back to the dvla, because l had changed my address, but since l've had my licence, l informed the dvla that l had been an in-patient at my local mental health facility, for four months (l so wish l hadn't informed them) Since that time l have had nothing but aggro from them. First of all they postponed my licence, the reason for this they informed me, was because they said that they had to get medical information from my doctor. They got the information, (mis-information) they told me. They then said my licence was suspended for a year, the reason given, was because, they said, my Doctor had informed them that l had been abusing diazepram (valium). This was not the case, as l phoned, and told them (as, as soon as they told me l had an appointment with my Doctor) Who informed me that, she, in fact, had not told the dvla, that l had been abusing diazepram, but she had told them that l had been on diazepram, when l was an impatient at Elmleigh mental health facility, which is also what l had informed them.
That is the back ground of my case. After not being allowed to drive for a year, l had to go to a dvla approved doctor, to have a drug test, in which l passed. The dvla then gave me my licence back, but on the condition that it was only valid for a year. In which l agreed. The year was going passed. My Mother, who is quite elderly, had an accident, as l am the eldest of my siblings, plus as l am signed off work (as l suffer quite bad depression, hence my time in Elmleigh) it was left to me to care for her. l then suffered a mini breakdown (as l call it) and for two months started taking heroin, until l went to get help, as l became addicted quite fast. l did get medical help, from my local drug prevention centre, l haven't taken any illegal drugs now, for five months. So the year went by, the time came around, for me to apply for my licence again. l felt l had to inform the dvla about my recent drug abuse. They then informed me that, you've guessed it, they had suspended my licence for another year, so l was resigned to that, until l read about the new drug driving road side test. ln which drivers being subjected to this new test, if they are under a certain level (drugs) they are given a pat on the back, and sent on there way. When l learnt of this, l got into communication with the dvla again.
My point was this, how is it, that members of the public, being subject to this test, even though they are shown to have been taking drugs, do the police, then inform the dvla, about these people (because even if they are lucky enough to be under a certain limit, set by the government) We all know that if they were tested earlier they would of been over! So like l say, do the police inform the dvla, and do they (dvla) then suspend all of these people's licence's for a year (because after numorous phone calls and emails) the stance of the dvla, concerning me,and everybody else, is that, that is their official policy, for people taking drugs, a one year suspension.
Sooo, the crux of my argument, is this. l feel that l have been discriminated against, by them (dvla). Let me also add, that my driving record is exemplary, l have had only one accident, since l have passed my test, which was 05.10.1992, and that was not my fault. l have communicated, all of this, to the dvla, but to no avail.
So could one of you (Solicitors) Please either, take up my case (with the dvla) or else, give me some legal advice, as l have now informed the dvla, that l am going to my local madgistrates court, to appeal their decision. Of course, l know there will be a financial cost, to me, but l am prepared to pay this, as it is, and has, cost me loads of money, taken taxi's, to and thro, to my Mothers house.
My email address is. **********. l look forward, in great anticipation, for a reply.
Yours.
Mr C J *********.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
So, in short, you want to appeal to the Magistrates court?
Customer: replied 1 year ago.
yes
Expert:  Jo C. replied 1 year ago.
When was the notification?
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
My home phone number is *****
Expert:  Jo C. replied 1 year ago.
I can do a phone call but it will rack up the costs to you and I am not going to be free until 7pm ish.Or we can carry on online?
Customer: replied 1 year ago.
OK. So yes l want to appeal to the madgistrates court.
Customer: replied 1 year ago.
Notification was November.
Expert:  Jo C. replied 1 year ago.
Ok.
Are you asking how to appeal?
Customer: replied 1 year ago.
No. l know how to appeal, l just was hoping that, if you phoned the dvla, and told them that yes they were discriminating against me, then hopefully they would of taken your word for it, so there wouldn't be any need to go to court.
Expert:  Jo C. replied 1 year ago.
I'm afraid we cannot do that.
This is a question and answer site. We cannot make phone calls on your behalf.
In any event, the DVLA will completely ignore such a phone call and further I'm afraid this is not a case of discrimination.
They are perfectly entitled to take this view. It might be something that you can overturn on appeal but they are not discriminating against you I'm afraid.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok. But l thought, because they informed me that, that was their official policy (anyone taken drugs are automatically given a 12 month suspension) So what about this new drug driving road side test, in which members of the public, if they are required to take this test, if they are under a certain limit, they are sent on there way. So isn't that discrimination, on their part, against me?
Expert:  Jo C. replied 1 year ago.
No. Clearly they are exercising their discretion against you but that doesn't amount to unlawful discrimination.
They only have to show that they have a reasonable fear that your condition renders you unsafe to drive.
You may get it over turned on appeal.
Customer: replied 1 year ago.
So what about everybody else, that are known to have taken drugs. There licences are not suspended for a year? Why should mine be?
Expert:  Jo C. replied 1 year ago.
Because they have chosen to do that in this case.
There is no defence in saying that others are also liable to prosecution.
Customer: replied 1 year ago.
Lol. That was a waste of £86 A? ;)
Expert:  Jo C. replied 1 year ago.
Ok.
All the best
Customer: replied 1 year ago.
So let me get this straight. On your website, you word it, to sound as you wouldn't be taking any money off of participants, unless you had, in your mind, a good chance of getting a result. So you took my money on the 19/01/2016, didn't do anything whatsoever, until yesterday, when l got into contact with you.l think your service is a bit of a rip off. l'm not satisfied, l would like my £56 returned to me.

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