The purpose of this forum is to provide an open forum where people can discuss all matters related to drink driving, whether they have been convicted of the offence and are seeking help, support or free legal advice or they just have a keen interest in the subject.
Your anger and bitterness towards the system is understandable. However, if an individual has been convicted of drinking and driving and is required to pass a DVLA medical to regain their driving license and upon taking that medical the results show that the person in question is abusing alcohol then I think it is a fair presumption that the risk of them re-offending increases.I can say from experience that the Medical procedures carried out by the DVLA to determine Fitness to Drive are a complete sham and should be open to scrutiny beyond this forum as they raise several concerns not least of which are Infringments on Human Rights and contrevention of the Freedom of Information Act.
Both my MP and several Motoring Organisations due to my extensive research are very concerned about the conduct of the DVLA in both carrying out Blood Testing and thier subsequent findings, and how they are being used. Investigations are ongoing but It would seem that the DVLA are acting well beyond thier remit ( Road Safety ) and are now exerting control and enacting sanctions from activities we are all FREE! to do in our own homes and participateing in such is not and does not present any danger to any road user! as these activities are carried out whilst not driving and in the privacy of our own homes.
In other words there is a vast difference between Drinking and Driving which is against the law and drinking whilst not driving in your own home or other place over a period of time which is NOT ILLIEGAL! yet the DVLA are now able to adjudicate on such matters which have nothing whatsover to do with them or the safety on our roads.
The medical panel of the DVLA is laughable and a cursory look at the minuetes of thier many meetings will confirm this as such. I fail to see how an individual who does not Drink then Drive is a danger to other road users. I do however see how drivers with serious medical problems such as heart attacks, deafness, diabetics and others are! The granting of licences for such persons is a scandal and is without doubt a real danger to other road users! and is poseing a very serious risk to road safety yet these persons drive on our roads daily and have been passed as " fit to drive " by the DVLA
In particular persons who are at risk of heart failure and have a known record of such should have thier licences revoked imediately they are a real menace and hidden time bomb and cause many fatalities on our roads.
Yet the DVLA continue to pontificate on Drink Driving and how best to deal with it, in particular how to ensure they have a chance of taking persons of the road who have a drink but dont drive but are still perhaps over the limit the next morning. At present they have no way and niether do the police of actually determining wether you are fit to drive as the road side tests do not as yet test for MCV GGT AST etc, needless to say they are working on such technology and if introduced will significantly increase the numbers of people who will have thier licences revoked through abuse/misuse of alcohol even if that abuse/misuse took place a week prior to driving and although does not affect your ability to drive at all, is in your bloodstream and would be revealed by a more stringent analysis of your blood. In other words and for those who are both blind and stupid, this will enable behaviour control via the back door on the pretence it is relevent to road safety. yet those with known serious disabilties which do not dissapear in time via the bloodstream and filtration are given licences to operate a car and drive.
I stated I feel the medical is a sham and i have proof lots of proof! as i have done my research unlike some of those commenting on here under the pretence of " expert "
My advice to anyone convicted of Drink Driving is simple, take the punishment as in serve out the ban when your medical is due insist that the DVLA supply you and your GP with the criteria and specifics of the tests in full, they will carry out on your blood, furthermore I also suggest that you have your blood independently analysed before offering any samples to the DVLA Franchise Doctors. As it stands at present they Franchise Doctor, in the employ! of the DVLA does not provide individuals with like for like blood samples for testing, in my view this is scandalous and leaves the way open for incorrect and illiegal practice to remove completely those who have have been convicted of any DD offence from driving. Do not give permission for any contact with your GP until these requests have been met in full! Should the DVLA fail to supply adequate information concerning the test then refuse to take the exam and seek to Appeal in the Courts to get your licences reinstated. Your argument is simple and lawfull and would succeed! try it! You are entitled to know just what is being tested and why etc and so is your GP so demand all the information! I would also suggest you explore getting the Court to ensure the DVLA supply you with like for samples of blod taken at the exam for your own independent analysis for OBVIOUS REASONS!! It would be of interest to see the courts reactions to such a demand thats of course if you can find any legal expert with any backbone to actually argue your case as opposed to the easy route they now take of Mitigation which basicly means they will stand in court yapping about how sorry you are etc etc. i dont think there is a single lawyer in the country who has ever considered properly and adequatly challenging the DVLA on the matters I allude to here. yet if these were investigated they would reveal a total abuse by the DVLA and thus the State of personal liberty and serious contrevention of the Freedom of Information Act by a Goverment Agency. Many lawyers as we know are no more than ambulance chasers and looking for an easy victory and are not prepared to investigate matters which directly concern our rights etc that daily are being eroded by this nanny state and those in charge of it.
How is it that upon arrest and asked to give a sample of blood/urine for testing at any police station you are given an identical sample by the Police to have tested via an independant laboratory this is of course good and fair practice and ensures fairness and transparency, yet when the DVLA's own Franchise Doctors take your blood for testing you are not provided with an identical sample to have tested via an independent laboratory???? One answer given by the Chief medical Officer at the DVLA is " its not practicle " furthermore this same individual when asked about information concerning what samples would be taken and what markers would be used wrote " this information would have little benifit to the laymen " from his response it is very clear he also views GP's not under his franchise as " laymen " as his department failed to supply the information to my own GP when requested to do so. Furthermore the DVLA's medical team can with impunity ignore the findings of independant laboratories throughout the land which proved beyond any doubt in my case I had no serious conditions whatsoever and that my licence should have been reinstated!
I think I know the real answer! and bet not one of you so called experts will actually reveal the truth to the general public at large so they can see for themselves just what is happening to our personal freedoms and liberties. Also can you explain why it is when a candidate submits to the Medical exam niether him/her nor thier GP is given exact and precise information as to just what is being tested? why its being tested? and what markers are being used to determine wether or not a person has been abusing/misusing Alchohol and as a result will not get his/her licence back after serving the ban as given in the magistrates court.
I await your response with considerable interest!
As to whether the process is an Infringment on Human Rights and contrevention of the Freedom of Information Act is debatable.
If you feel you have been treated unfairly and the system is flawed then you are doing the right thing by contacting your MP.