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i lost my licence 14 yrs ago due to drink. I received it back

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
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in UK Traffic Law

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Customer Question

i lost my licence 14 yrs ago due to drink. I received it back 3 yrs later after accepting my punishment and community service. Since then I have moved several times each time changing the address on the licence. This time tho the DVLA have said I need a medical at my cost or they will revoke my licence ! as the offence was committed so long ago I thought I had paid my dues. Is this legal ?

 

Optional Information:
System of Law: England-and-Wales

Already Tried:
spoken to DVLA several times but the answer is always the same, the telephonist thinks its odd that its been flagged up but it has so I should have the medical!

Submitted: 296 days and 8 hours ago.
Category: UK Traffic Law
Value: £40
Status: CLOSED
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Expert:  Jomo1972 replied 296 days and 8 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What objections do you have for taking a medical?

Customer replied 296 days and 8 hours ago.

the medical cost me £96.00 and it seems I am being punished again for something I have already been punished for, a long time ago. Also I am worried this could affect my insurance as I am self employed a need my van.

Customer replied 296 days and 8 hours ago.

how do i rate you ?

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Expert:  Jomo1972 replied 296 days and 8 hours ago.

Dont worry. You won't see that until I answer.

If you had a medical, would it be adverse to you?

Customer replied 296 days and 8 hours ago.

I don't think so, just expensive and unfair

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Expert:  Jomo1972 replied 296 days and 7 hours ago.

Yes, the DVLA can be.

Has there been anything that has brought you to their attention recently?

Customer replied 296 days and 7 hours ago.

Nothing no tickets parking or speeding, just asked for an address change

Accepted Answer

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Expert:  Jomo1972 replied 296 days and 6 hours ago.

Hi,

Overall it is fairly bad news.

There are certainly things you can do about this but they will all involve expense.

The DVLA are not at this stage saying that you cannot have a licence. They are just saying that you need to do a medical. You do have a relevant conviction but it was very old and if there has been nothing to bring you to their attention recently then it might be argued that that is an unreasonable request. However to do that you would have to consider a Judicial Review of the DVLA's decision to ask you to do a medical which is an extremely expensive action that would cost several times more than doing the medical would.

Alternatively you could do the medical. If that were to lead to an adverse decision to you then you could appeal to the local magistrates court and if you won you would get your costs back.

I'm sorry this is not the answer you wanted but I have a duty to give you truthful information whether or not it is what I would like to say.

Hope this helps. Please rate my answer ok service or above average and then I will continue for free.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.6 %
Accepts: 2749
Answered: 7/9/2012

Experience: Bar Exams, over 5 years in practice

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