Motoring offence procedure - FAQs

Procedure FAQs - motoring offences

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?  

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 disqualification.

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 have applied for a re-issue of my driving licence following a drink driving ban, however before a licence 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.