Appealing DVLA decission

[gil]

Hi. I am looking for advice / timescales on an appeal. My licence was revoked by DVLA after informing them of my alcohol use, at the request of my employer to do so. They have stated I can reapply in 12 months. I have spoken with a solicitor and appeal has been launched via the Court (Scottish Court). My solicitor has said best case scenario is the DVLA agree to drop dependency to misuse. I agree I was misusing alcohol, would have a drink each night, bottle of wine. I no longer drink any alcohol as really need my licence. My Solicitor is waiting on the DVLA in getting back with a decision if they would drop it to misuse. If so the earliest I can reapply would be the 28th April. My question is 1, how long will it take the DVLA to get back to my solicitor with a decision? 2, Am I likely to have to attend for DVLA. Medical assessments, my Solicitor is organising an independent one? 3, is there anything I can do to speed things up? My employment is dependent on being able to drive. They are supportive and have found work that doesn't involve driving in the short term, but really need e to get my licence back. Any advice greatly appreciated.

 

[craig121]

Hi. I am looking for advice / timescales on an appeal. My licence was revoked by DVLA after informing them of my alcohol use, at the request of my employer to do so. They have stated I can reapply in 12 months. I have spoken with a solicitor and appeal has been launched via the Court (Scottish Court). My solicitor has said best case scenario is the DVLA agree to drop dependency to misuse. I agree I was misusing alcohol, would have a drink each night, bottle of wine. I no longer drink any alcohol as really need my licence. My Solicitor is waiting on the DVLA in getting back with a decision if they would drop it to misuse. If so the earliest I can reapply would be the 28th April. My question is 1, how long will it take the DVLA to get back to my solicitor with a decision? 2, Am I likely to have to attend for DVLA. Medical assessments, my Solicitor is organising an independent one? 3, is there anything I can do to speed things up? My employment is dependent on being able to drive. They are supportive and have found work that doesn't involve driving in the short term, but really need e to get my licence back. Any advice greatly appreciated.

Hi Gil
I won't be the judge or answer this is only what I've been lead to believe over the years.
Misuse generally happens when someone in-frequently but regularly ie heavy weekends breaks the Gov guidelines of no more than 6 units per day.
There classed as binge drinkers are not regarded as dependant on alcohol.

Someone whom consumes alcohol most days and way above the 14 units advised gov guidelines will almost certainly be regarded as some sort of dependency.
If I read your post correctly you've admitted to drinking a btl wine most nights equivalent 10 units per btlx 7 #70 units per week give or take.
Remember it's a medical licence you hold and its been revoked by the dvla medical team by the information provided!
Unless the information is incorrect your chances of successfully overturning the dvla's decision isn't very promising, infact there was a subject access report not long ago printed and am sure it was single figures from hundreds of cases.
The fact your no longer drinking for revoked purposes is irrelevant to the dvla or the courts until you can show a period of time with complete sobriety with your GPs support(plenty of threads on this one)
But it's your battle an hope you get an outcome.

 

[gil]

Hi Gil
I won't be the judge or answer this is only what I've been lead to believe over the years.
Misuse generally happens when someone in-frequently but regularly ie heavy weekends breaks the Gov guidelines of no more than 6 units per day.
There classed as binge drinkers are not regarded as dependant on alcohol.

Someone whom consumes alcohol most days and way above the 14 units advised gov guidelines will almost certainly be regarded as some sort of dependency.
If I read your post correctly you've admitted to drinking a btl wine most nights equivalent 10 units per btlx 7 #70 units per week give or take.
Remember it's a medical licence you hold and its been revoked by the dvla medical team by the information provided!
Unless the information is incorrect your chances of successfully overturning the dvla's decision isn't very promising, infact there was a subject access report not long ago printed and am sure it was single figures from hundreds of cases.
The fact your no longer drinking for revoked purposes is irrelevant to the dvla or the courts until you can show a period of time with complete sobriety with your GPs support(plenty of threads on this one)
But it's your battle an hope you get an outcome.

Thanks Craig. I know I am probably clutching at straws, but at the moment with the appeal in my employers are supporting me. I was just wanting to know rough timescales for the DVLA to make decissions. I can't seem to find anything on their website about what the appeal process entails or timescales. From.what I am reading in other posts, it seems that don't work to this.

 

[craig121]

Thanks Craig. I know I am probably clutching at straws, but at the moment with the appeal in my employers are supporting me. I was just wanting to know rough timescales for the DVLA to make decissions. I can't seem to find anything on their website about what the appeal process entails or timescales. From.what I am reading in other posts, it seems that don't work to this.

TBF I also did an appeal but via the DVLA further evidence route
My job required my licence an by a stroke of luck another job within the company happened no licence required during the appeal process roughly 2 months
It's hard to put any timescales on your court appeal as will be at the mercy of how busy they are could potentially be months.
Keep an eye on the job adds I honestly wouldn't expect even a sympathetic judge to overule the dvla's medical team! unless you can substantiate your drinking habits to less than you admitted
If you loose in court your likely to be liable to pay there costs.

 

[gil]

TBF I also did an appeal but via the DVLA further evidence route
My job required my licence an by a stroke of luck another job within the company happened no licence required during the appeal process roughly 2 months
It's hard to put any timescales on your court appeal as will be at the mercy of how busy they are could potentially be months.
Keep an eye on the job adds I honestly wouldn't expect even a sympathetic judge to overule the dvla's medical team! unless you can substantiate your drinking habits to less than you admitted
If you loose in court your likely to be liable to pay there costs.

Thanks Craig. I will defo keep an eye out for other employment, hopefully something comes up in my company also.