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  • 1 Post By SeanJoyceStephensons

Thread: Medical restriction: Is it worth appealling?

  1. #1
    Dave1963 is offline Member
    Join Date
    Nov 2014
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    Question Medical restriction: Is it worth appealling?

    Hi, I have gained some useful information from this forum but my case is complicated and now I am hoping there is some expertise for this problem.
    I have just received my licence which is restricted to 1 year on medical grounds. Here is the background: I was banned in 2007 1 year, lost my job, home and relationship, I developed a serious drinking problem and went into treatment in 2008. After being sober 7 months, applied for licence and told them about rehab but was refused because I needed a year. I relapsed on and off till 2011 and had my last drink may 2012. So I am 2 1/2 years without a drink and it seems unfair to give me a restricted licence which apart from whacking up my insurance could stop me getting back to work as a service engineer. I did not even get stopped for anything other than information received (dobbed in) and had a clean record prior to that. This seems punitive to me? Is that grounds for appeal? Is it worth appealing?
    Sorry for the long post any help would be greatly appreciated. Thanks


  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Medical restriction: Is it worth appealling?

    The difficulty you will face in any appeal is that the DVLA are very easily able to justify their reason for only providing a 1 year licence. Their records will show that you applied for your licence approximately 5 years ago and that you were informed of the requirements of 12 months abstinence. Your medical records will then also show that you relapsed and that this lasted for 2/3 years before coming under control. To the DVLA the risk is too great to simply reinstate your driving licence in full, a 1 year licence balances your need to get back on the road and driving and ensures that the DVLA can keep checking on you to ensure that you have no further relapses.

    In short this is a decision which you have a right to appeal, however I would not expect any such appeal to be successful in the circumstances.
    Dave1963 likes this.

  3. #3
    Dave1963 is offline Member
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    Nov 2014
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    Thumbs up Re: Medical restriction: Is it worth appealling?

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    Hi Sean,

    Thanks for the reply, I have settled my mind over this and have accepted the decision as, given my circumstances, it is reasonable. Thank you for the advise.

    Dave

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