Procedure

 

Does the DVLA have the legal right to withhold my drivers licence because their independent medical examiner deems my blood sample to indicate alcohol abuse.

 

The DVLA have the right to either revoke a driving licence or refuse to reinstate it following a ban, on medical grounds.  They will insist that any driver convicted of an offence who is deemed to be a high risk offender undergoes a medical with one of their approved experts before a licence is reinstated.  The decision to withhold a licence is based on the findings of the medical expert and medical advice and policy which is provided by a panel of medical advisors appointed by the Home Office.

 

The decision can be challenged by issuing proceedings in your local Magistrates Court. In our experience the DVLA will rely on the medical evidence and will instruct a lawyer to represent them at the hearing. Before considering this course of action you should ask to see a copy of the medical evidence that the DVLA are relying on and to stand a realistic chance of success you should then arrange a further independent medical examination of your own. This ought to be with a practitioner who themselves are on the DVLA's approved list.  You should then take legal advice on the findings of that report before deciding whether to proceed or not.

 

As a disqualified driver can I still accompany a driver with a provisional licence?

No you must have a full driving licence to be able to accompany a provisional licence driver. You must also be at least 21 years of age and have held your driving licence for a minimum of 3 years.

 

I am a French resident with a French driving licence. Whilst in the UK I was caught by a speed camera and I have received a notice of intended prosecution. Can I be summonsed by the UK Courts and have penalty points put on my French licence? If I have to pay a fine can I pay by a euro cheque?
 
You can be summonsed to a UK court even though you live in France.
 
You can plead guilty by post without having to appear in Court and the case can be dealt with in your absence. Your French driving licence cannot be endorsed, only your UK driving record. France does not recognise UK points or UK disqualifications.
 
You cannot pay the fine with a Euro cheque. You would have to pay with a sterling cheque. If you did not pay the fine then I cannot see how a UK Court could enforce it.

 

Can a charge be re-instated once it has been dropped?

If you were acquitted of the offence after a trial (i.e. found not guilty) the Prosecution could not re-prosecute you for the same offence. However, if your case was withdrawn or you were told that the Prosecution were discontinuing the offence in question then they would be able to re-prosecute for the offence, providing that they were within their statutory 6 month time limit from the date of the offence alleged. If they missed the 6 month window the Prosecution would not be able to prosecute you for any summary only offence dating back to the period in question.

 

 

I pleaded guilty and was sentenced for a drink drive offence at a magistrates court to a fine, and a ban from driving of twenty months with a reduction of seven months if I were to take a drink drive rehab course.

I am currently taking the course and the tutor has told me I will be very unlikely to get the full remission offered by the court as it exceeds 25% of the ban. Is this true? I have taken the course with the understanding I will receive a seven month remission. Do I have grounds for an appeal if the DVLA were to overrule a court sentence.

There maximum reduction in the ban that is available upon successful completion of the course is 25% of the original disqualification, in your case 5 months. If your copy of the court's sentence indicates a 7 month reduction from a 20 month sentence then this must be a mistake. I agree with your tutor. The DVLA are unlikely to renew your licence until you have served 15 months. If this is the case then your only option is to make an application under under Section 142 of the Magistrates Court Act 1980, inviting the Court to reopen the case on the grounds that they have imposed an unlawful sentence and ask them to correct the mistake. However, the court will then have a discretion to correct the mistake in any way they like. You, no doubt,  would  ask them to reduce the disqualification to enable you to drive after 13 months of the ban (your original 20 month sentence minus the 7 months you thought you would get), however they could reimpose the 20 month sentence and simply reduce the reduction from 7 months to 5 months.

 

I have applied for a re-issue of my driving license following a drink driving ban, however before a license can be re-issued I must undergo a DVLA medical, is it possible to defer my application for 3/4 months?

Yes. You simply abandon your application for a driving licence by cancelling the medical appointment. You will then reapply in a few months time when you are ready and a new medical appointment must then be arranged.

 

 

I have been charged with failing to stop and failing to provide a sample, what kind of sentence can I expect?
 
Failing to Stop and exchange details following an accident carried up to 6 months imprisonment and either a discretionary disqualification or between 5 and 10 penalty points.  Failing to Provide a Specimen also carries up to 6 months in prison and a mandatory disqualification and the Magistrates sentencing guidelines suggest a 2 year ban as a starting point. A second conviction for a drink drive related conviction (including Failing to Supply) within a 10 year period carries a mandatory 3 year ban.
After completion of the ban you must reapply to the DVLA for a new licence before you can drive. The DVLA will insist you undergo a medical and may request information from your GP before granting you a new licence.
 
The guidelines are not set in stone and every case is judged on it's individual merits. There are things can be done and said on your behalf in court and mitigation that can be put forward to reduce the disqualification and punishment generally.  I would recommend that you be legally represented in court.  This can be arranged for a fixed fee.
 
 
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Julie Robertson - Carry on Driving