DVLA Medical DD appeal

Convicted Driver Insurance

JayJay46

Well Known Member
I was disqualified on my 3rd DD in 2000, I have Just re-applied for it back, as I had issues and would use alcohol to cope, so I decided not to apply for it back, I am now in a better place both mentally & physically, I have not had a drink in 9 months and have never been diagnosed as dependant or misuse.

With my application I also sent a lot of other info, M1 form, DR1 form, details of my personal background history, current scan results that show no liver damage, blood results showing all normal liver function & discharge letter from the mental health team also detailed my abstinence since 1/1/18 and my only diagnoses of EUPD (emotionally unstable personality disorder) it also shows I have not used alcohol as a coping mechanism for over 1 & 1/2 years.

I was advised by the DVLA they decided I did not need to attend a DVLA medical but would only be writing to my GP, my GP has completed a questionnaire that seemed to focus on my mental health, this was faxed back to DVLA yesterday I would like to know, in the event that DVLA say they will not issue my licence back do I have grounds to appeal based on the fact I was disqualified for DD and not health a matter, and I have met all the standards required by the DVLA for DD to have my licence reinstated, If I am refused my licence and can appeal can you also advise if legal aid is available. Many Thanks.
 
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Whilst you may have satisfied the DVLA that there are no concerns regarding alcohol misuse, any other concerns that have been raised will have to be investigated. Irrelevant of how an issue has been brought to the attention of the DVLA, if there is a genuine and legitimate consideration that you may have a health issue that impacts on your safety on the road then it has to be investigated. If there is a negative decision it can be appealed to the magistrates' court within 6 months of that decision. Unfortunately, legal aid will not be available for this type of matter.
 
Many thanks, I received a letter dated 26/09/18 refusing my application, this was on the basis of incorrect information provided by my GP on the M2 form, stating I had been alcohol dependant in the last 12 months but abstinent for the past 9 months (also two other pieces of information provided were incorrect), however on the same date I received the refusal letter my GP faxed a rectification, correcting the date of my hospital admission and also saying, my last occasion of alcohol was 01/01/18 and there has been no alcohol dependency with in the last 3 years as he (I) has never been dependant, this is on the medical practice headed paper and obv signed by my GP, I have pasted the actual wording below, will this be sufficient for them to change their decision, as I feel if not they would be basically calling my DR a liar, and would I then have grounds to appeal to the magistrates court. I am sorry to bother you with this but it is really starting to frustrate me and stress me out, also the DVLA have stated they received the fax on the 27th and it was scanned onto the system but will not give me a turn around time, although it is marked as high priority, could you advise of reasonable turn around time I should allow before perusing it and chasing them.

Many thanks

Jason Garrad

PASTED DETAILS OF RECIFICATION

Thisgentleman has asked for the following corrections to be made and quite rightlyas I wrongly put in his date of hospital admission which should have read,admitted 30/08/2017 to the Psychiatric Hospital, The Orchards in Portsmouth. Hestayed there for 1 night and then went on weekend leave and as he had recoveredsufficiently he was discharged in absentia. His last occasion of using alcoholwas January 1[SUP]st[/SUP] 2018 .There has not been any alcohol dependency inthe last 3 years. He has never been alcohol dependant but he has misusedalcohol intermittently and used it as a coping strategy. I hope this clarifiesmatters more for you and I apologise for giving you the wrong date of his lastadmission to the Psychiatric Hospital. If I can be of any further help pleasedo not hesitate to contact me.
 
On the face of it this seems to clarify any concerns that would have been raised but I would advise seeking a more detailed opinion based on the DVLA case file in the event that the decision remains the same. It isn't possible to estimate how long they will take to respond. I would suggest chasing the matter after 3 weeks.
 
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