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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice.
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I need to get my driving license back but the DVLA has sent

Resolved Question:

I need to get my driving license back but the DVLA has sent me a letter saying that if I want to appeal against their decision I need to make an application to the magistrates court. As I am out of work at the moment I need some advice as to where I start!
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What decision have they made please?
Customer: replied 2 years ago.

They will not give me my licence back because of my mis-use of alcohol and or my dependency on alcohol.

In August 2012 I had a seizure in work and was taken to hospital were I had a further seizure. They kept me in hospital for 1 week then discharged me saying that I needed to relinquish my license until I was deemed fit again to drive.

In april 2013 I lost my job because I was drinking too much and is was affecting my work.

I sought help from my doctor and he suggested counselling which I did for a while until my counsellor left and nobody replaced him.


I applied in October 2013 to get my licence back but they refused and the same thing happened again this April despite my doctor also sending in a completed form saying that I was no longer mis-using alcohol or indeed dependant on it.


I am out of work still and unable to travel to find work further afield.


Expert:  Jo C. replied 2 years ago.
I see. They have revoked it for health reasons on alcohol grounds.

Are you able to bear the cost of appealing?
Customer: replied 2 years ago.

Not really as I am out of work and receiving job seekers allowance! My mother is paying for this information! How much are you talking about? and can I apply for leagal aid?

Expert:  Jo C. replied 2 years ago.

No, I'm afraid legal aid is not available for this type of application.

Probably it would cost about £185-£220 to lay a complaint before the Court. If you have representation then that will rack the cost up considerably I'm afraid. Even if you use a barrister under public access, which is by far the cheapest means of being represented, that would still cost £300-£500 plus VAT. It is the type of case where you would need experts to attend if you want to have any realistic chance of getting the court to overturn the decision of the DVLA. That would probably be a further £500.

You could, of course, attend without representation or experts but then that would lead to a refusal of your application and there is no point in that. If you are going to appeal then you should really only do so if you are properly prepared.

You can also ask the DVLA to reconsider but their correspondence reads as though you've done that and its been rejected.

You should note that there is no point in doing anything unless you can find a medical professional who is willing to say that your issues with alcohol will not affect your driving.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69268
Experience: Over 5 years in practice.
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