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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75286
Experience:  Over 5 years in practice
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I have had my driving licence application refused on medical

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I have had my driving licence application refused on medical ground. You'll have to bear with me as this will be quite lengthy.
JA: Where are you? It matters because laws vary by location.
Customer: Halesowen, England.
JA: What steps have you taken so far?
Customer: Right then. A little over 3 years ago, I went through a serious bout of depression following my eldest son's autism diagnosis. As a result I was using alcohol as a coping mechanism. Realising that I wouldn't be able to help the depression without removing the alcohol, I asked for help as a result. So, I was recommended to undergo a non-residential detox, which I did.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I had my licence issued on a yearly basis for the past two years before the revocation last month.
Customer: replied 10 days ago.
I have also been told by the DVLA that my licence application has not been granted due to the fact that I was honest in my medical questionnaire and stated that I consume approximately 2-4 units of alcohol in a given week.

They stated that I need to be abstinent from alcohol for 3 years, due to government guidelines that were brought in at the beginning of 2019. Whereas, it was 12 months at the time of my initial revocation; which I met.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

how can I help ?

Customer: replied 10 days ago.
Thank you, as it is causing me a huge amount of distress. Can you see the prior transcript?
Customer: replied 10 days ago.
My GP has also sent a letter stating that he sees no good reason as to why I am medically unfit to drive.
Customer: replied 10 days ago.
Also, I have only ever had 3 points on my licence in almost 20 years of driving. I have no criminal record whatsoever.
Customer: replied 10 days ago.
I am a professional Firefighter, who prior to this event was trained in driving emergency vehicles. The detox automatically categorised me as 'dependant' on alcohol according to the DVLA guidelines; this was disputed by my GP as I was still going to work for 4 days at a time with zero alcohol consumption.
Customer: replied 10 days ago.
So, I am looking to appeal to my local Magistrates' Court to appeal this decision and overturn it. I am trying to find out the likelihood that I will win?
Customer: replied 10 days ago.
Are you still connected to me?
Customer: replied 10 days ago.
Please respond if you are still connected?!

Do you have medical evidence that you are not a risk now?

Customer: replied 10 days ago.
Yes. My GP stated this in a letter to the DVLA. They said that it wasn't sufficient.

Thanks for the information.

 

You do have the option of appealing to the magistrates court any decision of the DVLA to revoke your licence. However, it is not that simple. You have to show that there are reasonable grounds to do that.

 

If you are dealing with a situation where the DVLA have not really made that decision but are just procrastinating then you are stuck in limbo as there is really no decision to appeal. You do have the option of writing to them warning that you will take legal action about their dilatory behaviour but that rarely makes them move much faster. If you are intent then you could set them a date and the judicially review any failure to act in time but that is not a cost effective action.

 

If they decide against you then you can appeal to the magistrate court which will cost roughly £185 but you will need to produce medical opinion that undermines their decision and probably pay the experts for their time and views.

 

It is only worth doing though if your experts will attend and will say you are fit to drive.

 

Can I clarify anything for you?

Customer: replied 10 days ago.
I think I have all the information I need for the moment. Thank you.

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 10 days ago.
Thanks Jo.

Welcome.

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