Advice for appealing an extended ban

[Awareinware]

Hi, i was charged with drinking driving in March 2015 and received a 38 month ban. This ran out in May 2018. I undertook a DVLA medical on July 26. The CDT result was 0.9%, however they still contacted my doctor, who stated that i had been dependent on alcohol in the last 12 months. The DVLA contacted me in September stating that I should not drive for a further 12 months. This driving ban has impacted on me visiting my children, they live in a village on Dartmoor where there is no public transport and i have recently moved to Sherborne. I have also been unable to secure work as the positions which i am applying for require a driving licence. I had a further CDT test through my GP, on November 7th, showing a 2% CDT reading. I am attending AA, going to the local alcohol support agency and after a brief lapse i was in rehab in September, however, i am now 11 weeks clear. I want to appeal against the decision and intend to write to my magistrates court in Yeovil (this is the court closest to me, not where i was sentenced). How should i frame my letter? Should i include details of my medical history etc or leave this until i go to court? Also, is appealing the right thing to do? I really do need to be driving again and i have fulfilled the DVLA’s medical requirements. Any advice would be appreciated

 

[TipsyNurse]

Hi,

Thanks for posting.

It would be almost certain to be unsuccessful appealing to court at this time, because the DVLA guide says that if you have been dependent on alcohol you must have been abstinent or near abstinent for a year before they will give you a licence.

To appeal against a licence refusal you have to provide evidence that meet the criteria, and the DVLA either used incomplete or incorrect information, or interpreted it incorrectly. Simply saying that the criteria themselves are unfair or that you are being caused exceptional hardship isnt something a court can normally consider.

I think, bearing in mind the medical evidence seems to point towards clear alcohol dependence, you cannot do much more than wait for the DVLAs twelve month deadline where, if your CDT test is less than 1.0, you should get a new licence which will be limited to one year.

If you still want to appeal there are two options open to you. You can contact the DVLA, or contact your local court and the DVLA. Normally on your decision letter they will have said the exact reason your licence has been refused, so you need to provide evidence that you meet the DVLAs fitness to drive criteria.

https://www.gov.uk/driving-medical-conditions/what-dvla-will-decide

 

[price1367]

The problem is that you have NOT fulfilled DVLA medical requirements because you will not get your licence back within 12 months of being in rehab. That is a standard that they always adopt.
As your actual ban is finished, you can apply to your local court rather than the court at which you were disqualified.
You are doing well with addressing your problems, but from a purely objective point of view, you have been given a 38 month ban (second conviction in 10 years?) reduced your drinking, evidenced by the .9 CDT result... but then increased your drinking getting a 2.0 CDT result and checked into rehab. All that, knowing you wanted to get your licence back. Now, 11 weeks from your detox, you hope to persuade magistrates that your problems are over and DVLA are being unreasonable.
I have to say that in my opinion DVLA are being entirely reasonable. If you had been given your licence back at the end of your ban, can you honestly say that you would have not had these drink problems and you would have been safe to drive?

 

[Awareinware]

The problem is that you have NOT fulfilled DVLA medical requirements because you will not get your licence back within 12 months of being in rehab. That is a standard that they always adopt.
As your actual ban is finished, you can apply to your local court rather than the court at which you were disqualified.
You are doing well with addressing your problems, but from a purely objective point of view, you have been given a 38 month ban (second conviction in 10 years?) reduced your drinking, evidenced by the .9 CDT result... but then increased your drinking getting a 2.0 CDT result and checked into rehab. All that, knowing you wanted to get your licence back. Now, 11 weeks from your detox, you hope to persuade magistrates that your problems are over and DVLA are being unreasonable.
I have to say that in my opinion DVLA are being entirely reasonable. If you had been given your licence back at the end of your ban, can you honestly say that you would have not had these drink problems and you would have been safe to drive?

Many thanks for your reply. I am confused with the recent CDT test as it was taken after a longer period of total abstinence than the one that gave a 0.9% reading. However both a 0.9 and 2% are within the green light indicators as defined by the DVLA.

I can honestly say that i have stopped drinking and intend to remain that way. By its very nature, I could carry on drinking now and then abstain say three months prior to the date of getting my licence back, get another test and this would show that I’ve “ limited” my drinking.

I would happily accept a period of say 6 months of being able to drive and then retake a medical. As I said I am sober now and intend to stay that way, for a number of reasons, not just to get my licence back.

 

[TipsyNurse]

The thing is it isn't a negotiation with the DVLA where you meet in the middle. The DVLA will only accept a year of abstinence, at which point they will give you a one year licence with a medical prior to the end of the year.

The court will only change the DVLA decision if you can show either you weren't dependent or misusing alcohol, or you have been abstinent for a year.

If you have been to AA you will know a lot of people say they will never drink again, but relatively.few achieve this. The DVLA policy will be based on a slightly more evidence-based interpretation of that.

The court appeal option is intended for where the DVLA has made a mistake in applying the rules, not to get a custom made licence. That's not to be unhelpful, just that such an application simply wouldn't work.

 

[Awareinware]

The thing is it isn't a negotiation with the DVLA where you meet in the middle. The DVLA will only accept a year of abstinence, at which point they will give you a one year licence with a medical prior to the end of the year.

The court will only change the DVLA decision if you can show either you weren't dependent or misusing alcohol, or you have been abstinent for a year.

If you have been to AA you will know a lot of people say they will never drink again, but relatively.few achieve this. The DVLA policy will be based on a slightly more evidence-based interpretation of that.

Very harsh comment re AA, and how on earth can anyone prove that they have been abstinent for a year? Blood tests everyday paid for by the DVLA? I’m sorry but this “guidance” is ridiculous.

 

[TipsyNurse]

Well my Dad went to AA and I know a fair few of the regulars.

But the point isn't whether it is harsh or not. The DVLA are the ones issuing your licence and on whatever evidence have said they require one year of abstinence if you have been dependent on alcohol.

As in the link above, they will confirm that usually with a medical exam, CDT test and report from your GP.

You are correct that they do not watch you for a year so it would perhaps more correctly be alcohol consumption below what can medically be significantly detected. They will class you as abstinent if you don't attract medical attention and reduce/abstain approaching the test to a point your CDT is consistent with someone not drinking.

I'm not saying that to be difficult, I'm sympathetic especially that when people turn their lives around they need to be treated like an adult, and also that you deserve to easily see your kids. However, it is not me issuing licences, it is the DVLA and that means they can set the rules.