Licence refused after 2yrs abstinence. Advice please, I have mobility problem and need car.

[KatyKa]

Hello everyone. I'm so glad I've found this forum as I'm in a similar position to both PinkElephant and Newleaf and it is such a relief to find that other people are in the same situation as no one I've spoken to, including my GP, has come across my situation before and I sure need some advice. I lost my licence approx 15 years ago following an accident on a very quiet country road where I live. No one else was involved but my car was a write-off.
I was banned for 2 years, reduced to 18 months following rehab driving course. In reality I was having a breakdown at the time and could not return to work and therefore could not afford to re-apply for my licence once the period of the ban elapsed. In fact I had to wait until my 60th birthday 3 years ago to have enough money to reapply for my licence and buy a car. In August 2015, at the age of 59, I suffered a traumatic fracture to my right femur due to osteoporosis but while in the operating theatre, I suffered organ failure and was actually pronounced dead. Miraculously, I survived and was put into a coma to recover. The cause of this trauma was given as alcoholic ketoacidosis, ie: dependence. I reapplied for my licence in February 2016, had a medical examination with blood test etc and got a 1 year licence. Same again the following year, I year licence which, technically expired July 2018 but was not recalled pending investigation, probably with a view to issuing a longer term licence. By this time I had completed 3 full years of abstinence, albeit only 2 during my period of licenced driving. The process was protracted; my GP initially responded by letter instead of the questionnaire but eventually I attended a medical end of November. On 13th March I got the disallowance letter. I do not have any details of the results of my blood test, nor does my GP who seemed completely bewildered by the disallowance but had to look-up the CDT assay test as he didn't know what it is. He is willing to help me challenge the decision, especially as I have a significant mobility problem following the femur fracture and subsequent fracture to my left tibia and I live in a very rural area. How do I go about obtaining the DVLA test results, please? My problem is that I had resumed drinking without realising I was required to remain abstinent and had said so on my questionnaire and so did my GP when completing the submission. Had I had the slightest idea that I was required to remain abstinent for any more than 2 years, I would not have jeopardised my licence for anything. Any observations on where I go from here would be very welcome.

 

[Newleaf]

Hi Katy. You need to know what your CTA test result was. You can phone DVLA and ask them to tell you. DVLA may have made the decision to not renew your license simply on your CTA result, effectively ignoring the fact that you've been driving previously and nothing has changed. They did this to me a couple of years ago and I didn't even have a medical! My GP wrote very strong letters to them and hey-presto, my licence was given, albeit for just a year. If they have withdrawn your licence based on a high CTA test result there may be other factors involved which could explain it. It is probably worth you while asking for your full record from the DVLA so you can scrutinise it for accuracy. You can do this by emailing SubjectAccess.Requests@dvla.gov.uk Keep your GP in the loop with what's going on because at some point soon you will need to ask them to write to DVLA in your favour. Make sure they know about factors of not having a licence such as stress/relationships/work/social isolation etc. You'll need to send your own appeal letter to DVLA at the same time the GP send theirs. Sounds like your GP is already on side which is half the battle. So get the CTA result from DVLA and start from there. Sometimes honesty is not the best policy, especially in DVLAs case, so if they say you need to be abstinent, tell them that you are even if you have the occasional drink. Good luck.

 

[KatyKa]

That is very, very helpful, Newleaf. Thanks so much.

 

[Blooper]

Just a word of warning I had my license back for a year after my Drink driving ban , no issues while driving then filled out the form after a year to apply for my license again. I was expecting another blood test to make sure I had it all under control but they revoked my license because I said I had 4 units per week and in their eyes I should totally abstain. I haven't even had so much as a parking ticket in the year I had been driving I feel really hard done by I served my ban and did my community service and they still took it away as they decided i should not drink alcohol at all, I know I was a HRO but who gives them the right to decide....

 

[craig121]

Blooper were you ever diagnosed misuse or dependant!
It's unusual for an ordinary HRO to be expected abstinence

 

[Blooper]

No never diagnosed as anything, they have decided that I am Dependant and that's it, I think its unfair that there is no impartial ombudsman to appeal too, its like they are judge and jury. Unless of course you want to take them to the magistrates court.