Return of Driving Licence

Convicted Driver Insurance

Ness47

New Member
In Jan 2022 my son was charged Suspected of having driven a vehicle and failing to supply a specimen for breath analysis. He could not acquire enough breath to operate the device. He was charged and released on bail. He was so worried that he could not blow into their device, he contacted his GP the following morning. The GP urgently referred him to the South Worcestershire Home Treatment Team, who visited him the same day, diagnosed anxiety and depression and started immediate treatment.
He appeared in Court in March 2022, pleading guilty to the charge. His Mental Health Team supplied a letter for the Magistrates, explaining that the alcohol was a "self medicating" response to the anxiety, that he had sort medical support as soon as he realised something was wrong, and that he was responding to the treatment and making good progress. He had not had any alcohol since his treatment started. The Magistrates said they had taken this information into account and had modified his sentence accordingly. He was given a Conditional Discharge, and was sentenced to a 29 month driving ban, plus associated costs. He then received a letter from the Court saying his driving ban could be reduced by 29 weeks if he completed a Drink Drive Awareness course, at his own cost, which he did.
He applied to DVLA in November 2023 to receive his licence back mid January 2024, 29 weeks before the original ban ended, and supplied a copy of his completion certificate. He received a letter from DVLA in December with a medical questionnaire and an authorisation form for medical enquiries, which he returned. He had an update letter dated 02/01/2024 saying they were contacting his GP. He next received a letter dated 07/02/2024 saying that his GP had advised that he had a history of alcohol dependence and his application for return of his licence had been refused. My son has NEVER suffered from alcohol dependence or abuse. He booked an appointment with his GP and asked where, on his medical history, any such notes were included. The GP checked, and agreed that there was NOTHING on his record relating to alcohol. He suggested the form had been completed by a Locum, who had given wrong information. I requested a letter from my GP explaining this which I forwarded to DVLA , DM Further Evidence, on 16/02/2024 with a covering letter. By this time his licence fee had been returned and he was advised to send a new application and fee, which he did on 22/02/2024.
He reapplied, and received further copies of D1 and M1 forms to complete, which he returned 10/03/2024. He received a letter dated 29/04/2024 for an appointment with a DVLA chosen Doctor. He finally got an appointment on 21/05/2024. The Doctor completed the required forms during the appointment and returned to DVLA. My son telephoned 12/06/2024 as he had not heard anything, and was told that one of the questions was not completed fully, and DVLA were returning the form to him to complete. He phoned the Doctor, who looked at her copy of the form and could not see anything incomplete.
At the moment my son has lost 21 of the 29 week reduction in his driving ban, with no estimate from DVLA of when he might get his licence back. He is now in a position that he may lose his job, as he needs to drive, his company have been supportive up to now, but were expecting him to be driving again in January. Is there ANYTHING he can do?
 
Good afternoon,

Yes there is. You are allowed to appeal DVLA decisions to the Magistrates Court and whilst I appreciate that they may well fix the problem eventually, what I would do in this situation is to hire a lawyer and start the appeal process. If the matter ends up in Court the bench of Magistrates have the power to reinstate the licence but more often than not the DVLA tend to focus and return the licence in these situations.

See if you can figure which question is wrong, but consider listing at Court to speed things up.

Kind regards
Martin.
 
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