Appealing an extension to a 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.

 

[SeanJoyceStephensons]

Evidence of either alcohol misuse or alcohol dependency will mean that the DVLA take the stance that you should have your licence revoked until you can show 6 months clear abstinence and normalisation of blood parameters for misuse cases and 12 months for dependency cases. If you are appealing to court you will need to satisfy the above requirements and provide supporting evidence. It is clear that you have been considered to be dependent in this instance. On the face of it, it appears that an appeal may not be successful unless you can produce evidence to rebut dependence. An appeal is not an easy process and specialist advice is recommended. You can call 0333 344 4772 for more information.