Newbie questions.

Convicted Driver Insurance

Inzo2

New Member
Hi all, newbie here. Have a couple of questions to ask, if I may.
Won't bore you with too much detail, so I'll try and keep it to the point as much as possible.
Passed test in mid-late 90s.
Got caught and convicted of two alcohol related offences within first 2 years....subsequently got banned for 2 years and license revoked under new drivers act.
Ban was up in early noughties (2001, 2002...one of those two years.) However, I have not driven since as really haven't had the need to, until now. Made some preliminary enquiries with DVLA who have told me that because I'm considered a high risk offender, I will have to undergo a medical. Now, seeing as my ban was up 15-16 years ago, and the offences for which I was banned were commited best part of 20 years ago....am I still considerd high risk? Does the DVLA have a time scale by which they consider you as a high risk for? Also, I have read that the high risk offenders medical legislation did not come into effect until June 2013 (or was it 15?). Anyway, I did read that offenders before that could not considered as high risk, as the legislation wasn't in place. Like I said, DVLA have told me I have to undergo a medical, yet info in another thread on this forum suggests the contrary.
Would somebody please categorically confirm which is the case? Also if you have a link to the source of info, that would be great.
I know, you see, that when I do get my license (yes, I know it will be a provisional and I'll have to resit tests again), there will be no record of my previous offences. My friend has said to me that if there's no record of offence, then I won't have to undergo the medical, this is in addition to the info regarding when the legislation came into effect and does it apply in my case.
So, in a nutshell....medical, or not. We're the DVLA incorrect in what they told me?
Sorry to ramble, I did, honestly, intend to keep it short and to the point, lol.
Thanks in advance for reply/s.

Martin.
 
Firstly, are you sure you lost your new licence under the provision of New Drivers and 6 points? The reason that I ask that is because drink driving carries a ban, but NO points so there is no way you would have reached 6 points from drink driving offences.
now on te the question of your medical, if you are disqualified twice within a 10 year period then you are classed as a high risk offender and as such are required to undertake a medical before you get your licence back. There is no time limit on this.... you cannot EVER get your licence back until you have gone through the medical process.
the legislation stems from 1991, under the provisons of The Transport Act 1981, not from 2013 or 2015 as you were lead to believe. From 1983 you were a high risk offender if you had a reading of 2.5 or more over the limit, or you failed to provide a sample. Then it was extended in 1991 to cover 2 offences in 10 years.
 
As far as I am aware, I was only banned the once. One offense was for drink driving, the other was for being drunk in charge (but not actually driving). Both offenses occurred within 2 years of passing my test, therefore, due to ban, as far as I'm aware I have to resist my test/s as the license I get back will be my provisional only.
 
Now it gets even more complicated. If you got 10 points for being in charge - which is possible instead of a ban, then you would indeed have to resit your test. BUT then you do not have 2 disqualifications within a 10 year period because you were only disqualified ONCE.
here is the guidance:

https://www.drinkdriving.org/drink_driving_information_DVLA_medical.php

Therefore you will have to speak to DVLA again. You are either a HRO, with 2 disqualifications in 10 years and entitled to a full licence after passing a medical, OR you were disqualified once for drink driving and given 10 points for being drunk in charge, in which case you do not need a medical, but will only get a provisional licence when you reapply.

It cannot be both!

if they will not discuss it on the phone, or they give an ambiguous answer, then you with have to write to them asking for a Subject Access Request under the Data Protection Act for them to disclose what they have on their records. It is no use simply looking at your file online, because they were so long ago it will not show righter of them, but the information is held on their computer and a SAR will reveal what convictions you have. Then you will know which category you fall into and can argue with DVLA from a position of strength.
 
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I should add to my last post that a ban for drink driving is just a ban, it carries NO points.
 
Righto....still confused, lol. Would it help if I found out which offense occurred first? I know they were not far apart, but am 99% sure the drink driving offense was first.
If that would help, from where can I find out the information, as the court at which I was convicted is no longer there (demolished).
Thanks for you help already, and any future guidance.
 
You don't need the court.
You write to DVLA! Or email,them, saying:
Subject Access RIghts, please supply me with any and all data that you hold on me on your computer system, to include all convictions, spent or otherwise.
include your name, address and Date of birth, plus your driving licence number if you know it.
 
Just been reminded that the last time I spoke to the DVLA, they would not discuss anything with me as I could not remember the address or post code I was living at and to which my license was registered at. This kind of leaves me with a conundrum, if they categorically will not discuss matters with me, then how the hell am I supposed to do...well, anything? The only way I can see around this is to apply for a new license (provisional). They will probably come back to me with "we cannot issue you with a license as there is/was one already registered to you". Which leaves me back at square one ?
 
Just been reminded that the last time I spoke to the DVLA, they would not discuss anything with me as I could not remember the address or post code I was living at and to which my license was registered at. This kind of leaves me with a conundrum, if they categorically will not discuss matters with me, then how the hell am I supposed to do...well, anything? The only way I can see around this is to apply for a new license (provisional). They will probably come back to me with "we cannot issue you with a license as there is/was one already registered to you". Which leaves me back at square one ?
 
Stop worrying!
Send a photo copy of your birth certificate with the application that I detailed above, and they have to respond to the request under the data protection act. You could mention that your DVLA record shows 2 convictions from the late 1990's and that should help them pinpoint the correct file to disclose to you.
 
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