confused and bewildered

[MrFree]

Was reading the forum and found the thread below.

http://www.forum.drinkdriving.org/have-you-been-caught-convicted-drink-driving/53796.htm

I'm all over the place now.
Quick outline of what happened and when.

• January 2012 pulled over on moped (L plates) early morning whilst traveling home to retrieve emergency inhaler
• Unable to blow in police car - beaten, pepper sprayed, wrist broken.
• Taken to holding suite - unable to provide breath there 20 minutes after pepper sprayed.
• No other testing made available
• Went to court with it - court date in August 2012
• Got hammered by the court, the excuse the police man gave of 'he's 6 foot 5' was deemed reasonable for the use of violence - lifelong chronic asthma condition not considered neither was the respiratory consultants expert opinion of 'other testing should have been used' (besides being expected to blow)
• 2 year ban from then - aug 2012
• completed alcohol awareness course in November 2013

I believe I could have had my licence back in March (2014) or so, but the stupifying palaver surrounding getting the licence back as well as passing a medical and doing it all in time as well as paying for it have been hindered by my attempts to drag myself through a year of university.

Besides the complaint currently in the hands of the IPCC, what are my options?

• Do I get my licence back in August this year having ran down the 2 year ban they whacked me with?
• What was the point of the Alcohol awareness course when the DVLA drag their feet so much in dealing with applications for 'high risk offenders' that the time permitted to be knocked off the ban is consumed by a bunch of jobsworths sat in an office taking their sweet time dealing with applications?
• Do I have to do the medical?
• Do I have to pay for the medical if I do?
• What negative connotations arise if I run the ban down for its 2 year duration - ie - am I penalised for not getting it back early via the 'awareness course' and its associated bureaucracy?

Really need to be told in no uncertain terms what I have to do next.

Please.

 

[Forum Moderator]

Was reading the forum and found the thread below.

http://www.forum.drinkdriving.org/have-you-been-caught-convicted-drink-driving/53796.htm

I'm all over the place now.
Quick outline of what happened and when.

• January 2012 pulled over on moped (L plates) early morning whilst traveling home to retrieve emergency inhaler
• Unable to blow in police car - beaten, pepper sprayed, wrist broken.
• Taken to holding suite - unable to provide breath there 20 minutes after pepper sprayed.
• No other testing made available
• Went to court with it - court date in August 2012
• Got hammered by the court, the excuse the police man gave of 'he's 6 foot 5' was deemed reasonable for the use of violence - lifelong chronic asthma condition not considered neither was the respiratory consultants expert opinion of 'other testing should have been used' (besides being expected to blow)
• 2 year ban from then - aug 2012
• completed alcohol awareness course in November 2013

I believe I could have had my licence back in March (2014) or so, but the stupifying palaver surrounding getting the licence back as well as passing a medical and doing it all in time as well as paying for it have been hindered by my attempts to drag myself through a year of university.

Besides the complaint currently in the hands of the IPCC, what are my options?

• Do I get my licence back in August this year having ran down the 2 year ban they whacked me with?
• What was the point of the Alcohol awareness course when the DVLA drag their feet so much in dealing with applications for 'high risk offenders' that the time permitted to be knocked off the ban is consumed by a bunch of jobsworths sat in an office taking their sweet time dealing with applications?
• Do I have to do the medical?
• Do I have to pay for the medical if I do?
• What negative connotations arise if I run the ban down for its 2 year duration - ie - am I penalised for not getting it back early via the 'awareness course' and its associated bureaucracy?

Really need to be told in no uncertain terms what I have to do next.

Please.

If you are classed as a high risk offender then yes you do need to take and pass a DVLA medical before you will be issued with a full driving licence upon expiration of your disqualification and yes there is a separate fee to pay for the medical. As a high risk offender you can apply for a driving licence up to 90 days (3 months) before your driving disqualification is due to end as opposed to 56 days if you were not classed as a high risk offender. High risk offenders can apply earlier due to the fact they have to take a medical.

If you were offered the chance to take the drink driving rehabilitation course then it is entirely your choice as to whether you choose to take it or not. If you do not take it obviously you will not benefit from a reduction in your disqualification, however, you will not be penalised further for not taking the course.

You will have been given a date by which you needed to complete the drink driving rehabilitation course by, if you do not complete it by this date then you will have to serve the entire 2 year ban. As your 2 year disqualification is due to end around Aug 2014 then you are likely too late to complete the course now.

You only had two choices, complete the course and get a reduction in your disqualification or do not complete the course and serve the entire disqualification. Either way, as a high risk offender who is required to take a DVLA medical you should apply for your driving licence as early as possible to allow plenty of time for the medical process to take place.

As you were convicted and disqualified before the 1st June 2013 you may still retain legal entitlement to drive when your driving disqualification expires and before the medical process has been completed (if not completed beforehand) under section 88 of The Road Traffic Act 1988.