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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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I have had my driving licence revoked due to medical reasons

Customer Question

I have had my driving licence revoked due to medical reasons with vision diabetic retinography my last lot of laser was back in 2003, and my licence has been renewed twicew since then in 2005 and 2008 no problems, I have appealed and had a second field vision test done and the optician who did it knows all about my problems due to years of experience and hes totally confused why this has happened? the test to his knowledge was good so hes told me to collect has much evidence as possible and re appeal and not do another field vision test due to being good enough. Has you can imagine I am confused my eyes are the best they have ever been I have no blurred spots or blind spots I just feel as if I have been discriminated for having diabetes and side effects of laser treatment. When I went to renew my licence in September 2010, I hold my hands up and I filled in the questions wrong and I feel this has not helped. Do I need to take them to court? How much will this cost? |What other steps can I take? My daughter is disabled and you can imagine the amount of hospital appointments I go to with her (a good 60 mile round trip), I dont know what I am going to do? HELP!!!
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.
Hi

If the DVLA are wrong in their anaylsis then you should in the first instance advise them of same. Otherwise If you are refused a driving licence or your licence is revoked because of your sight loss, you do have a right of appeal to a Magistrates Court. It is important to remember, however, that the Courts cannot overturn what is set down in law.

I attach herewith a leaflet which provides more information

http://www.optical.org/goc/filemanager/root/site_assets/news/driving_leaflet_-_pdf_ngaw08.pdf

Please press accept
Expert:  Jo C. replied 2 years ago.
Hi

Thank you for your question. I will try to help with this.

Are you saying that the test you had concluded you were not safe to drive? This is very important.
Customer: replied 2 years ago.

Dear Jomo1972

The test I had taken was good to the optician who is DVLA registered and knows the facts on the DVLA field vision tests and what they require, so he was shocked when I let him know the outcome, he told me to keep fighting and reappeal with more gathered evidence so has far as he was concerned I was safe to drive. I am totally at a loss if the optician is confused with the answer.

Expert:  Jo C. replied 2 years ago.
OK. So did he say you were fit to drive or that you were not?
Customer: replied 2 years ago.
I was fit to drive! because he felt eye test was fine, but obviously the DVLA have the last say????
Expert:  Jo C. replied 2 years ago.
They do have the last say but there are routes of appeal.

You can appeal any decision of the DVLA to your local Magistrates Court. In fairness, having the right to appeal is not the same thing as having a good chance of appeal. Quite a lot of people cannot see the difference.

If the only issue here though is that the DVLA have refused to accept the findings of their appointed optician then thats a text book case for an appeal. Of course that does rely on them having no other grounds for complaint though and you have to take into account that I haven't had full vision of this case.

An appeal will cost about £185 to issue. If you appeal and win you will get that back if you make an application for costs from central funds. Do not forget to do that. The Crown never would. If you lose though you will have to pay the DVLA's costs of about £400-£600.

You can get representation but you won't get legal aid I'm afraid. A barrister under public access who is relatively junior would probably do this for about £300-£500 plus VAT.

Hope this helps. Please press accept and then I will answer your follow up questions for free.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65308
Experience: Over 5 years in practice.
Jo C. and 3 other UK Law Specialists are ready to help you

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