DVLA mandatory request for medical examination

#1
Hello,

(apologies in advance for the lengthy text, I've tried to keep to just the relevant details).



Thank you for providing this service, I'm not sure if this is the correct forum for this, please accept my apologies if it is not and I will remove and post elsewhere.



Last September I was involved in road traffic accident whereby I pulled my car off the road to avoid another car approaching me at a fast pace. I collided with a post and was in shock. The police arrived and breathalysed me and found alcohol in my system which I had already admitted to. The reading was under the legal limit. They also swabbed me for drugs and found nothing. The police officer did not believe I was not under the influence of another drug so took me to the station where I was held in a cell overnight and had blood taken.



The only substance found in the blood was cocodamol which I had taken as I was leaving my flat and would not have had time to have had any affect on me as I'd driven all of 5 minutes before the collision. The amount found was miniscule as I'd only taken half the standard dose and well under the limit of opioids to have any detrimental affect on driving ability.



I was summoned to court which caused me substantial stress. I was so stressed I suffered a spate of seizures in November of last year, all within a 24 hour period, I've never had a seizure before and I've not had any since. I have had medical tests run on me (CT scans and MRI) along with numerous blood samples taken, everything has come back as all clear and nothing wrong with my health.



I was hospitalised for three days, I then was off work for six months while I was recovering.


While I was recovering I was incessantly pestered by the court to attend court for my hearing. The first handful of attempts they accepted my doctors note as a medical reason for not attending court, as I'd specifically been advised to avoid stress at all costs. Then on one occasion they did not accept this and went ahead with my case in my absence and found me guilty of the charges put forward. They also at this point issued a warrant for my arrest.



Upon hearing this from my solicitor, I went to the local police station to explain the situation, they were not interested but instead locked me in a cell again overnight. While I was locked up, even though they had been given my anti-seizure medication they were late letting me have it, luckily nothing untoward became of this. The following day they marched me into a van and locked me in what was effectively a 1 metre squared cell which had just a seat, no safety features such as a seat belt or airbag. They drove me 125 miles to court.



When I got to court the magistrate was as bemused as I was, and said I had a valid reason for not attending court, hence the previous court decision was overruled and my arrest warrant quashed. I was in court for no more than a few minutes.



I had to make the 125 mile journey home by myself, still not having been signed off as fit for work.


Once I was signed off as fit for work, I attended court and won my case, all charges dropped and a cost order was issued to claim back my legal defence costs which I am still awaiting to be refunded.



Within days a letter from the DVLA was sent to me saying they have reason to believe I am unfit to drive and informed me unless I filled in and returned the frankly very ample paperwork within a timely fashion my licence would be revoked. I did as requested. Part of the paperwork included giving my consent to my medical files which I agreed to.



About six weeks later I received a letter stating they are still looking into my case.


Last Friday I received two letters from the DVLA stating that I am obliged to attend a full medical examination by their doctor which will include urine and blood samples being taken for drug screening. I phoned the DVLA and asked as to the reason for my summoning to which they divulged the police had informed them of this. Due to the timing I can only infer it was the police officer who lost the case against me, who also happens to be specifically a road traffic officer so I assume he has DVLA contacts.



I don't understand what the DVLA are hoping to find, which hasn't already been found from numerous tests already run on me. I haven't been driving now for eight months, it has seriously had a detrimental impact upon my life and this now feels like victimisation and that I'm being targetted because I won the case in court.


Are you able to provide any advice as to whether I have any recourse as to issue them with test results already run on me and also as to if it's possible to get them to confirm who exactly instructed them I was unfit to drive. This all seems like a waste of time seeing as I was deemed fit to drive in a court of law and I haven't driven since.



Any advice is appreciated, I've already spent a fortune on solicitors costs I'm yet to recuperate and am reluctant to spend further if I will get nowhere with it.



Kind regards.


 
#2
If it makes any difference, I have zero history of drink or drug offences, actually I have zero criminal history at all. This was my first time dealing with the police and the court system.
 
#3
More information regarding this saga.

I wondered today if perhaps this has all been set off due to my initial guilty verdict when I wasn't at court. I wondered if perhaps it's an automated system whereby people who are convicted of such charges are automatically asked to attend a DVLA medical. And then when I actually went to court and won my case, nobody thought to inform the DVLA that actually I had no conviction and didn't require an examination.

I phoned the DVLA again today to suggest this potential admin error. I'm given a different story today, apparently this request hasn't come from the police at all, it's come from a report from my GP.

I asked what specifically was in the GP's report which has prompted this and was told the person on the phone did not have access to this information and the only way I could get it from them was to send in a written request which will take a month to process.

I could attempt to get an appointment with my GP to see if they will divulge this information to me.

I'm simply confused, exhausted and frankly I've had enough of all of this.
 
#4
Where the DVLA receive information regarding a medical condition, regardless of its source, if there is an element of potential legitimacy to the concerns raised then there is a duty to investigate. If you refuse to comply with requests to undertake specific DVLA testing then they can legitimately revoke your licence. For as frustrating as this is, you will nee to comply to satisfy the DVLA that you are medically fit to drive.

It may be that your GP has been duty bound to report the incident of the seizures to the DVLA. Where there is evidence of a seizure there is usually a minimum of 1 months required being seizure free before a licence is reinstated and a licence would be revoked in the interim. Given that you suffered from seizures several months ago but within the last 12 months, it may be that the DVLA decide to take the decision to revoke your licence until you have been seizure free for 12 months. The DVLA will want to satisfy themselves that there are no underlying medical issues that may mean a neurological condition is in existence that has an impact on your safety behind the wheel. The only way to be sure of the process being followed by the DVLA and the decisions being taken is by requesting their file of papers. That does take time but may be the only clear way to get to grips with what is going on. If a decision is taken to revoke your licence and the DVLA are, once everything is considered, incorrect with this, then you have right of appeal to the Magistrates' Court.
 
#5
Thank you for the comprehensive reply, very much appreciated.

I did request the information the DVLA had on me and it came through much quicker than I anticipated.

There's nothing in the medical reports which suggest I have any issues, as previously reported, it clearly states I've no history of alcohol or drug abuse. It also states that the medication I'm on is no barrier to me driving.

There is a also police report, which did come from the officer who lost the case in court. The police report states I did not turn up to court to defend the charges against me. It does not state that the case was subsequently heard and I was found innocent of all charges. The report also incorrectly states that I've been diagnosed with epilepsy, this has never happened so it a complete lie.

I phoned the DVLA to explain this to them (they're open until 1pm on Saturdays by the way) and they have flagged the incorrect information as high priority and will reassess my case as soon as possible, hopefully they will see the error and will inform me the medical is no longer required.

Given I know now it was the police officer in question, and given that I now have a document submitted by him which has false information on, am I now in a position to raise an official complaint? I just want this person to leave me alone and let me carry on with my life.
 
#7
Thank you. Your advice has been reassuring in what I'm sure you understand are troubling and worrying times.

I have done as suggested and made a complaint via the appropriate channels. I have also requested the police inform the DVLA immediately that the information they have supplied to them is incorrect and to update their records to show as such.

Again, many thanks, very much appreciated.

The police should not be acting in this manner.
 
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