Charged in 1999, DVLA medical?

[toty69]

Q. i was charged in 1999 with D.D 2 1/2 times over the legal limit and disqualifed for year. my license was returned to me and i have been driving ever since. Recently i wanted to change my address on my license and was advised , i am still banned until i go throught the process of the high risk offenders medical etc. This is causing me great concern and diffiuclties, as i am a community nurse and require to drive for my job. I disclosed my offence throughout my nurse training and have an enhanced disclosure status, so have no probelms with regard to this. However the DVLA stated that , there was a mix up back then (1999- 2000) and i should not have had my license retruned without the medical etc. This is my first and only offence and when i attend the medical my license will be returned without any endorsements. Is this legal in the first instance after all this time ? and should i just attend the medical etc. fortunately i am off work with a chronic hip problem at present and unable to drive anyway.

 

[SeanJoyceStephensons]

Thanks for your post.

Yes you should attend the medical. I assume that the DVLA have informed you that your license has been revoked as the medical was never conducted?

If so, you would now commit an offence of driving otherwise than in accordance with a license if you were to drive a motor vehicle.

With regard to your question about legality - technically, you could try to argue that you were given a legitimate expectation that you are eligible to drive and commence proceedings against the DVLA. This would be a very complex (and costly) legal matter and there would be no guarantee that it would succeed.

The most straightforward option is to take a pragmatic view and get the medical out of the way whilst you are off work.


Kind regards,


Carl Johnson
Solicitor
On behalf of Sean Joyce