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Thread: Am UK resident and German nationel: Drink-Driving and disqualification in Germany

  1. #1
    heimat79 is offline Member
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    Default Am UK resident and German nationel: Drink-Driving and disqualification in Germany

    Dear Mr. Joyce,

    Since four years I am living in the UK. I am German and held my German licence till ugust 2012 when I drunk-drove in Germany. The licence of course was taken from the German police and destroyed and I received a ban until July 2014.

    During disqualification period I informed the DLA and wanted to go to the medical assessment in the UK because I was over two promille of alcohol.

    DVLA told my by e-mail and phone many times that I would have to renew the licence, bring information from German authorities about my class B, dates when I lost the licence etc. and pay 50 GBP. Everything was fine and I did so.

    They sent me the renewed driving licence. BUT I let the German authorities take a look over the licence - it is wothless in Germany since there is D70 mentioned in the line of class B. Also there is mentioned the date April 2004 as the date since when I first received B in Germany.

    But I lost my German licence in August 2012 so the licence is worthless. I cannot drive in Germany.

    DVLA is not responding any more. Probably they will say that I have to apply for a complete new driving licence including all cost and tests. Isn't that stupid since I learned to drive and it would be more appropriate to go to the doctor?

    German authorities cannot help me now, and the DVLA cannot. I cannot drive in Germany which is a big problem. Maybe I cannot even drive in the UK since that licence could never have been renewed and then it was illegal right?

    Do you see a way that DVLA gives me a renewd licence without the D70 AND with the actual application date?
    OR option 2: Do you see a way that I can apply for a licence, go to the doctor and let me be assessed, without doing all tests agsin?

    Thank you very much for your help,
    Marisa


  2. #2
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Am UK resident and German nationel: Drink-Driving and disqualification in Germany

    If the DVLA have issued you with a UK driving licence and have been aware of what has happened with your previous disqualification in Germany, then you are able to drive in the UK. However unfortunately I cannot comment on how this would affect your situation in Germany, you would need to speak to a German solicitor to find out this information.

  3. #3
    heimat79 is offline Member
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    Default Re: Am UK resident and German nationel: Drink-Driving and disqualification in Germany

    Dear Mr. Joyce,

    Thank you very much for the response which answers the part that this licence is valid within the UK. However, it would be great if you can answer my other tw o questions.

    My question does not concern German law since I already know that the licence is not valid in Germany.

    I was asking if (in the UK) DVLA can issue a licence for a person in my situation without applying for a new one including tests?

    With other words: Do you see a way to convince DVLA to renew the licence with the date of today? Or can they proceed with me like with other British citizens that means thtey go to the medical assessment and then they get the licence back?

    Or is the only way for them to let me apply for a complete new one?

    That is all about the UK, not about Germany. I hope you can help me in that and give me a hint of how the DVLA works and what they could do if they want?

    Thank you very much for looking at this case again.

    Kind regards, Marisa

  4. #4
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    Default Re: Am UK resident and German nationel: Drink-Driving and disqualification in Germany

    Whether you are classed as a high risk offender in the UK is dependant upon the reading you gave when convicted. If your reading is above 88 then you are classed as a high risk offender and will have to complete a medical with the DVLA before your licence is returned. If your reading is below this you do not need to complete a medical.

    Even if your reading was above 88 in breath, this does not necessarily mean you are classed as a high risk offender by the DVLA as your conviction was in Germany. If the DVLA have been happy to reinstate your licence without carrying out a medical and have informed you that you are able to drive then there should not be any issues if you choose to do so.

  5. #5
    heimat79 is offline Member
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    Default Re: Am UK resident and German nationel: Drink-Driving and disqualification in Germany

    Thank you, yes. I spoke to the DVLA on Friday and suggested them to change my passed driving test date of 2004 to any date after my disqualification period in 2014. I know from the German authorities that then I would be allowed to drive in Germany.

    DVLA understands and they will now check with policy department as well as German authority in Flensburg if they are fine with that.

    I told DVLA they I expect Flensburg not to be fine since Germany itself request a medical test. Of course, Flensburg will say no.

    Very interesting is that the German authories does see the date as date when you received your actual licence. And England sees it as date for the passed test.
    And that here is exactly my problem. Would both countries be more harmonized, Germany had no problem with the old date since that is just a proof that I am able to drive.

    However, I hope that DVLA will change the licence with a new date. Then the insurance will be more expensive but that's ok.

    If DVLA rejects my idea, I obviously have only one chance. To apply for a complete new licence.

    Do you know if I have to go through all theoretical and practical tests or can I have a shortened test since I am able to drive already?

    Thanks, Marisa

  6. #6
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    Default Re: Am UK resident and German nationel: Drink-Driving and disqualification in Germany

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    Your case is an unusual circumstance. However I would imaging that if the DVLA cannot receive proof that you have a full German driving licence which can be exchanged, and they then ask you to pass a test this will have to be the full theory and practical tests.

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