Unhappy
New Member
Was convicted of failure to provide a specimen in Jan 2013. Whilst waiting for the court date appealed to return license with magistrates. This was granted. Also appealed against the original conviction. The appeal date was postponed due to the attending police officer's maternity leave. Upon the appeal being overturned in 2014 I was given a 2 year ban and a DR20 (the same as the original conviction). Duly undertook the Awareness course (for a reduction). My sentence expired in April this year. However, was told that I would need to have a mediKcal examination. My first question is why? I was convicted originally prior to that law coming into force. I would like to ask whether that decision was correct?
However, I have since received a letter refusing my license on medical grounds with a CDT of 2.5%. Once again, the acceptable CDT levels have been reduced over that time period from 2.5% (originally a green) which now make it an amber result. Over 10 years ago I visited my doctor for my concern that I was drinking too much. Received counselling and put that period behind me. Was under the impression that a medical doctor would only take into account 5 years of recent history. It seems unfair that I am being punished for records 10 years old.
I have been under enormous strain for 4 years with this issue. It also seems that I may not even be able to reapply within 6 months (as am uncertain whether I have a 'history of alcohol dependence'). Can you clarify this point?
As I am not driving at all (not for years now), my alcohol intake after 4 years is not particularly pertinent to the original offence? A CDT of 2.5% was deemed by the original researchers as a GREEN.
I quote:
As well as providing information regarding the use of %CDT, Dr Wolff also provided guidance notes for DVLA Medical Advisors on %CDT cut-off concentrations linked to licensing. In early 2012 these percentages were discussed and approved by HMAP with current commercial laboratory assays. Here, in a traffic light system, CDT values up to and equal to 2.5% are compatible for licensing (Green), while values equal or greater than 3% should be considered an indication of harmful use of alcohol (Red) and lead to licence refusal or revocation. CDT levels between 2.6 and 2.9% (Amber) would trigger further enquiries with the HRO's General Practitioner or Hospital Specialist. Within the DVLA, the Policy and Operational Support Departments are currently investigating how this is to be taken forward (5a). This was publicised as an E-brochure by the DVLA Medical Drivers Group (5b). The DVLA's Head of Medical Licensing Policy confirms that Dr Wolff " had considerable input into the determination of suitable cut off points for licensing decisions and in running of a pilot" (3c).
http://impact.ref.ac.uk/CaseStudies/CaseStudy.aspx?Id=41298
Considering that I have had no legal requirement to limit my alcohol for 4 years under immense strain, I feel a CDT of 2.5% should have been acceptable. I drink alcohol in a social capacity only. Had I had an alcohol dependency it should certainly have been higher.
To summarise, main questions are:
1) Should I have had to take a medical in the first place?
2) Why is CDT level of 2.5% unacceptable (despite the recommendations by the original research - commissioned by the DVLA with King's College London).
3) Are my GP records of 10 years ago relevant considering I have no record of alcohol misuse since then and prior to my conviction?
4) When am I able to reapply? Am I a 6 or 12 month case?
Any advice would be much appreciated
Thank you
Amanda
However, I have since received a letter refusing my license on medical grounds with a CDT of 2.5%. Once again, the acceptable CDT levels have been reduced over that time period from 2.5% (originally a green) which now make it an amber result. Over 10 years ago I visited my doctor for my concern that I was drinking too much. Received counselling and put that period behind me. Was under the impression that a medical doctor would only take into account 5 years of recent history. It seems unfair that I am being punished for records 10 years old.
I have been under enormous strain for 4 years with this issue. It also seems that I may not even be able to reapply within 6 months (as am uncertain whether I have a 'history of alcohol dependence'). Can you clarify this point?
As I am not driving at all (not for years now), my alcohol intake after 4 years is not particularly pertinent to the original offence? A CDT of 2.5% was deemed by the original researchers as a GREEN.
I quote:
As well as providing information regarding the use of %CDT, Dr Wolff also provided guidance notes for DVLA Medical Advisors on %CDT cut-off concentrations linked to licensing. In early 2012 these percentages were discussed and approved by HMAP with current commercial laboratory assays. Here, in a traffic light system, CDT values up to and equal to 2.5% are compatible for licensing (Green), while values equal or greater than 3% should be considered an indication of harmful use of alcohol (Red) and lead to licence refusal or revocation. CDT levels between 2.6 and 2.9% (Amber) would trigger further enquiries with the HRO's General Practitioner or Hospital Specialist. Within the DVLA, the Policy and Operational Support Departments are currently investigating how this is to be taken forward (5a). This was publicised as an E-brochure by the DVLA Medical Drivers Group (5b). The DVLA's Head of Medical Licensing Policy confirms that Dr Wolff " had considerable input into the determination of suitable cut off points for licensing decisions and in running of a pilot" (3c).
http://impact.ref.ac.uk/CaseStudies/CaseStudy.aspx?Id=41298
Considering that I have had no legal requirement to limit my alcohol for 4 years under immense strain, I feel a CDT of 2.5% should have been acceptable. I drink alcohol in a social capacity only. Had I had an alcohol dependency it should certainly have been higher.
To summarise, main questions are:
1) Should I have had to take a medical in the first place?
2) Why is CDT level of 2.5% unacceptable (despite the recommendations by the original research - commissioned by the DVLA with King's College London).
3) Are my GP records of 10 years ago relevant considering I have no record of alcohol misuse since then and prior to my conviction?
4) When am I able to reapply? Am I a 6 or 12 month case?
Any advice would be much appreciated
Thank you
Amanda
