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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I drove to A&E local Hospital feeling very unwell on fri 1st

Customer Question

I drove to A&E local Hospital feeling very unwell on fri 1st March.I thought it was something to do with the medication the my doctor put me on(high bloodpressure) Fisrst they take you r blood.They checked me out thorouly and said it was a bad bug.Then asked me a lot of pesonal questions,I replyed truthfully.Next the doctor brought a CHAPTER 5 DRUG AND ALCOHOL MISUSE AND DEPENDENCE form which she filled in and told me to not drive and phone the DVLA to Voluteer my Driving licence for 6months or 12months till I prove to my own doctor with blood tests taken over that period I think it is 12 months,it s up to my doctors decision. THE QUESTION IS CAN I APPEAL THIS?
I can only guess that the blood they tested that night was from drink the previous day
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

What is it you are wanting to appeal? From your narrative the doctor has suggested that you give up your licence voluntarily. That means you can refuse. Only then, if your licence is withdrawn by DVLA would you have a right of appeal to the sheriff.

At the moment I don't think there is anything to appeal. You may want to seek a second medical opinion on a private basis but that is not an appeal as such.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

The DVLA told me it is better to volunteer my licence,or it will be evoked and takes longer to get it back.The doctor at the hospital said I should not be driving,the amount I drink weekly,but I am not working at the moment.Can the DVLA evoke my licence what I have told you?

Expert:  JGM replied 4 years ago.
If they have a suspicion that you are drinking so much so as to be at risk of driving with alcohol in your system then yes they can revoke your licence and you will have to stop drinking in order to pass the tests to get it back.
Customer: replied 4 years ago.

I saw my own doctor on thursday 14th march and advised my to reply back to the DVLA and tell them I have changed my mind and will not surender my Licence to them on his advise.he said they do not check the public for alcohol in there blood. It is done by the DVLA

Expert:  JGM replied 4 years ago.
OK. Once the DVLA revoke the licence you can appeal to the sheriff.