HANSELLS WIN BACK DRIVING LICENCE IN DVLA MEDICAL APPEAL
Many potential clients contact us about DVLA appeals against the revocation of driving licences on medical grounds. The DVLA has the power to revoke or take away driving licences where there is evidence to suggest that the driver is suffering from a disability, which means that there is a risk to other road users. It is often thought that a driver has to commit a criminal offence in order to lose their licence. This is not correct.
Appeals against the revocation of driving licences by the DVLA are to the driver’s local magistrates court. There is a six month time limit for bringing an appeal. The time limit in Scotland is only 3 weeks. These appeals are not without their difficulties, which made it especially pleasing to win a recent case on behalf of a client whose licence had been revoked.
Call Richard Wood or Amber Tansley of Hansells Solicitors on 0808 156 1177 for a free and without obligation discussion about your DVLA appeal against the revocation of your driving licence.
The recent case involved a client about whom the DVLA suggested their existed a ‘dependency’ on alcohol, and a ‘misuse’ of alcohol. Both are potential grounds for revocation but neither term is defined by the regulations. It is therefore impossible to give definitive advice about what pattern of alcohol consumption might constitute either ‘dependency’ or ‘misuse’. These uncertainties in the rules make cases like this very difficult. We would advise all drivers who have had their licences revoked to get expert professional advice as soon as possible.
We were able to challenge some of the assumptions made by the DVLA concerning our client’s situation by suggesting that there were some errors in the interpretation of the medical evidence they had received from the client’s own clinicians. We also provided other evidence of his consumption of alcohol, and obtained further blood tests which, amongst other findings, demonstrated a normal CDT result.
As you might imagine, our client was very pleased when the news came through that the DVLA had decided to return his driving licence. Like so many of our clients, his driving licence was very important for his job, and without it, he had struggled to earn a living and support his family. This is why we suggest lodging notice of appeal as soon as possible. We still recommend corresponding with the DVLA but to do this in parallel with the formal appeal process, so as to avoid delays in getting the licence back.