License revoked

Convicted Driver Insurance

PaddyRay

Member
Here we go; first time user of the forum. I am 70yrs old and July 2015 applied for D1 license renewal. I drive a mini-bus for a local charity. I downloaded the application from the DVLA's website. Of course I had and paid for a medical. Stupid me I answered all the questions regarding alcohol truthfully. One month later I received the whole application back pointing out I had not ticked two boxes regarding my ability to read a number plate at a certain distance. No one at the DVLA thought to refer to the doctor's medical report attached where a full eye test had been recorded. Another month passed when I received the whole lot back again this time informing me it was the wrong form and the correct one for completion included. (Difference between the two forms was the colour) End of December 2015 DVLA requested I attend a medical at a specified surgery. I was given no information regarding their suspicions. I assumed it was to do with my past Arrhythmia problems. After much chasing plus letters to my MP I received on 14th March 2016 a letter revoking my license due to suspected alcohol abuse. I have been given 6 months for my normal license and 1 year for mini-bus. The usual. This ban was awarded suddenly and without prior notice. Had I been caught drinking and driving, after my night in the police call I would then be able to carry on driving until the outcome of my court case. In the meantime I could arrange my personal affairs with a future ban possibly imminent. If it was my first conviction and I could prove a ban on my driving would have detrimental effects on others there is a possibility I could retain my licence. My only redress to my SENTENCE WITHOUT TRIAL(because that is what it is) is through the magistrates courts which is a criminal court and I have committed no criminal offence. The people affected by this (unlawful) sentence is untold. Family, charity customers of the charity who relied on the services I provided and who now need to recruit, train and certify another driver. I do admit to drifting into a lifestyle were I dine out regularly and have been drinking most evenings. I am of that age and can afford it. I do not get drunk neither do I knowingly drive whilst over the limit. I wrote to Mr Morley CEO, DVLA. to point out the total injustice of their procedures. That there could be a better, more cost effective way to deal with this problem without suddenly taking all driving rights away. When I received their letter I immediately abstained from drinking with no detrimental effects. Therefore the suspicion of alcohol abuse, in my case, immediately disappeared. I suggest: 1. Driving licence would not be renewed but the driver could still drive under the DVLA's letter of authority. (although they suspected me of alcohol abuse back in September 2015 they still allowed me to drive through to March2016) 2. I undergo further test over however long period to ensure my drinking was under control and maybe I meet some of those costs. (When I received my letter revoking my licence I immediately abstained, with no detrimental effects) 3. Should I fail the tests then an automatic ban be applied. 4. After the given period of testing then the license be re-instated. The DVLA's response to these suggestion is what appears to be typical, given what I have read. They treat my letter as a complaint not a suggestion and dismissed it out of hand. They defend the status quo. Regarding CDT. I have read in a number of web articles CDT is only accurate for a period of 14 days. Also it must be 14 days of "continuous" drinking with no interval. Should someone drink huge quantities of alcohol for 4-5 days per week but abstain on the other days allowing the body to recover then this will give a low CDT %. As suggested by the DVLA I immediately made an appointment with my doctor who had no idea how to proceed. He has arranged a blood test to ensure my liver is OK but I suspect there to be little chance of that given I had a medical review just over a month ago with the exact same blood test and a green light. Basically the DVLA have passed the buck onto an already overburdened GP practice. Remember I have not been convicted and given a formal ban so when and how can I reapply for my licence? I read many of you receive a formal invite from the DVLA 3 months in advance but that appears to be those with drink-driving bans. If I were to take my case through he magistrates court my 6 months sentence will be up plus there is the cost. I really think there is a case in the Human rights court but unfortunately I can not afford the money. Try and lobby your MP but which one will be brave enough to get past the word "alcohol" and then look at their constituent's rights, not many. Plus, ask your MP to lobby the minister for transport is asking them to attack a senior member of their own party and that is also not likely. The DVLA knows and is banking on this.
 
To clarify whilst the DVLA's provisions on this matter may well be considered to be draconian they are not in any way unlawful.

The DVLA make an assessment based upon the information provided to them by a driver and any medical information that is provided to them. If they feel that a driver meets the test to be considered either dependant upon alcohol, or persistently misusing it then their licence is automatically revoked. From the DVLA's perspective (which I do not entirely agree with) they have information which indicates that someone is consuming excessive amounts of alcohol and is therefore at an increased risk of driving whilst over the limit. Their view is that they are obligated to take pre-emptive action as if they fail to do so and an offence is committed they could be criticised.

My understanding of the CDT test is that it will indicate whether there has been significant levels of alcohol consumption over time, although it is obviously limited as to how far back in time this can give any indication.

Unfortunately you are correct in saying that any Court proceedings are likely to take a similar time frame to simply accepting the licence revocation and applying for your licence back. For clarity the requirement is to demonstrate that you have had a period of controlled drinking or abstinence for at least 6 months before your licence can be returned. I would advise applying approximately 1 month before the 6 month time frame has elapsed and providing supporting information from your GP to confirm that he has no concerns regarding your drinking habits.
 
Sean
Thank you for this advice.
As you can imagine I am extremely angry over this matter. I have committed no offence only a lifesiyle unacceptable to the DVLA. I assume their reasoning is if I drink continuously then there must be a point when I have been over drink drive limit. However this is only an assumption and can a magistrate/judge put someone down because they assume he may have done wrong? However this ban lost me earnings as a mini-bus driver. My family have suffered greatly yet I can not have my day in court. I had a discussion with a recently retired magistrate who indicated if I were to present my case to him he would have been extremely sympathetic.
Anyway I have desided to wait my six months and then regain my licence. My doctor is happy I am not alcohol dependant so hopefully withmy abstainance I will pass the medical. My problem is my mini-bus licence which has the 12 months ban. In your experience is there a possibility to obtain this earlier along with my normal licence and if so how to I make the appeal?
 
I'm afraid that if you are accepting the DVLA's assertion that you have been persistently misusing alcohol there is no way to have your PCV licence reinstated until the 12 month time frame has passed. The only way for this to be returned earlier would be to contest the DVLA's assertion that you have been persistently misusing alcohol, and this would require medical information to support you, ideally from your GP.
 
Sean
Again thank you for your advise.
Basically are you telling me
1.I must take the DVLA to court to challenge the asseretion that I have been persistently abusing alcohol?
2. If my doctor has never seen me prior to this episode it is impossible to ask for his/her assistance, so basically the DVLA are in a win/win situation over this.
3. The CDT test looks at such a norrow window on someone's drinking habits mis-judgement must happen with the consequential lose of earning/jobs yet no-one is able to challenge the DVLA.
Given the above is it not possible to argue the current law (if that is what it is) is unfar and possibly unjust? Has anyone tested this in court?
 
The DVLA will be using two primary pieces of information, firstly the licence application form that you completed and sent to them, which I understand detailed your drinking habits at the time. Secondly they will use the results of the CDT test to indicate the amount of alcohol being consumed in the time frame prior to this.

Not having seen the information provided to the DVLA or the results of the CDT test I cannot comment upon the chances of successfully arguing against the licence revocation.

Whilst your GP may not have seen you directly prior to the CDT test, he may be able to comment upon your medical history, whether you have ever had an issue with drink from his perspective and whether he feels there is presently any issue.

The assessment of a persistent misuse of alcohol is a subjective one and there is not a definitive point at when someone is misusing alcohol. The DVLA will rely upon the medical information that they have and you would need to fight this with any information that you can obtain in support of your position, if you do indeed wish to contest the matter.
 
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