legal bods advice please
#1
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legal bods advice please
A good friend of mine has just had his licence suspended for a year by the dvla after needing medical attention because his drink had been spiked whilst on holiday.
Seriously , its that simple . The hospital ran all the tests and ruled out epilepsy and blood tests revealed small traces of ecstacy (he has never done any kind of drugs and hates people that do ((boring cunt lol)). How can he get his licence back without waiting a year ? He's a corgi registered plumber and obviously needs to drive his van to jobs so if he doesnt get it back his buisness of 6 years is finished !!!!!!
Any help for him would be very very much appreciated .
Seriously , its that simple . The hospital ran all the tests and ruled out epilepsy and blood tests revealed small traces of ecstacy (he has never done any kind of drugs and hates people that do ((boring cunt lol)). How can he get his licence back without waiting a year ? He's a corgi registered plumber and obviously needs to drive his van to jobs so if he doesnt get it back his buisness of 6 years is finished !!!!!!
Any help for him would be very very much appreciated .
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he was taken to hospital in spain because of the spike'd drink which meant he had to claim on his travel insurance for medical care. the insurance company requested he went to our local hospital to have checks carried out by a uk doctor to ensure it wasnt caused by an underlying medical condition . the doctor had to notify the dvla because the SYMPTOMS were similar to epilepsy (aparently its the law that they notify the dvla). However , epilepsy has been ruled out by the doc but the dvla say its standard practice to bann for 1 year incase the symptoms return !
#5
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Sorry but that's crap, they don't automatically ban just in case, if his Dr is happy for him to drive dvla will 99.9% of the time accept this, other times they will appoint thier own doctor if they disagree, but if already a license holder can still drive until final decision.
My g/f was in hospital some 3-4 years ago, as she lost consciousness between 10-20times a DAY, first bout was 2 weeks in hospital, 2nd bout was 3 weeks in hospital, NO CAUSE WAS FOUND, so it was put down to stress as an assumption, after my request she be seen by a shrink.
She is still allowed to drive, has not had one episode since I removed the "stress inducer", a few relatives mostly drug dealing prositutes, that were recently in the paper for dealing drugs to a girl who died in thier flat.
She does not see a single member of her previous life or family.
I think you are not being told the whole story.
tabetha
My g/f was in hospital some 3-4 years ago, as she lost consciousness between 10-20times a DAY, first bout was 2 weeks in hospital, 2nd bout was 3 weeks in hospital, NO CAUSE WAS FOUND, so it was put down to stress as an assumption, after my request she be seen by a shrink.
She is still allowed to drive, has not had one episode since I removed the "stress inducer", a few relatives mostly drug dealing prositutes, that were recently in the paper for dealing drugs to a girl who died in thier flat.
She does not see a single member of her previous life or family.
I think you are not being told the whole story.
tabetha
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FFS , i havent put this post up to argue with the usual know it all fucktards ,
1 i was there when it happened
2 i went to the hospital with him
3 i spoke to the doctor who filed the report with the dvla and his words "i have to report this to the dvla" were very very clear
4 the doctor has allready told the dvla in writing that there were traces of ecstacy found in his blood
5 the letter from the dvla came yesterday , final decision , 1 year revoke of licence and when he gets it back he wil not be able to tow trailers etc etc just as if he had passed his driving test
As much as i appreciate people thinking there 2 penneth worth can help , it really doesnt , i put this here as i know there are a few legal bods that that use the forum and might be able to help .
1 i was there when it happened
2 i went to the hospital with him
3 i spoke to the doctor who filed the report with the dvla and his words "i have to report this to the dvla" were very very clear
4 the doctor has allready told the dvla in writing that there were traces of ecstacy found in his blood
5 the letter from the dvla came yesterday , final decision , 1 year revoke of licence and when he gets it back he wil not be able to tow trailers etc etc just as if he had passed his driving test
As much as i appreciate people thinking there 2 penneth worth can help , it really doesnt , i put this here as i know there are a few legal bods that that use the forum and might be able to help .
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to be quite honest my situation is totally different, after having siezures over a few weeks i went to doctors who sent me for an mri scan which resulted in me having a brain tumour.........dvla say if you have siezures you cannot drive for 1 year until totally siezer free (there rules).
sorry brad cant help.
sorry brad cant help.
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brad .....one thing i would say by what you have said is that its not down to the doctor to notify the dvla it would be down to your mate.
also tabetha....i believe that if you lose consciousness you also have to go the year ban,siezures or blackouts.....its weather you choose to tell the dvla or not but kill someone and straight to prison.....i was told this by my neurologist.
cheers brad...i have already served my year ban without having any siezures,so licence back but only for a year to which i have to apply again.
also tabetha....i believe that if you lose consciousness you also have to go the year ban,siezures or blackouts.....its weather you choose to tell the dvla or not but kill someone and straight to prison.....i was told this by my neurologist.
cheers brad...i have already served my year ban without having any siezures,so licence back but only for a year to which i have to apply again.
Last edited by RsToy; 25-02-2009 at 11:42 AM.
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This is exactly what he was told by the c.a.b yesterday but it honestly isnt the case here . The doctor (or his secretary) opened the lines of comunication with the dvla and the dvla contacted him ! maybee its a new system or maybe the doctor is a fookin jobsworth tosser i really dont know .
#16
The only way would be to get a doctor (probably THE doctor tbh) to liase with the DVLA.
I would not get your hopes up too much. I can imagine the DVLA being difficult to persuade
I would not get your hopes up too much. I can imagine the DVLA being difficult to persuade
#17
Carbon Crazy
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My license was revoked due to mental health on these grounds:
MORE SEVERE ANXIETY STATES OR DEPRESSIVE ILLNESSES
Driving should cease pending the outcome of medical enquiry. A period of stability depending upon the circumstances will be required before driving can be resumed.
Particularly dangerous are those who may attempt suicide at the wheel.
Your friends doctor needs to be VERY clear wether there was or was NOT a seizure or suspected siezure. seizures are treated differently to loosing conciousness. Loosing conciousness is usually 4 weeks for anything other than a simple faint, unless theres high risks of reoccurance or "seizure markers". Also depends on cause.
Its all in here in chapter 1:
http://www.dvla.gov.uk/media/pdf/medical/aagv1.pdf
Also you DO have right of appeal:
from http://www.direct.gov.uk/en/Motoring...ers/DG_4022417
Youd have a very good case for appeal if the medical evidence shows an error by DVLA. If the set example in the medical guide shows only 4 weeks and he got a year, DVLA would be required to explain the circumstances and reasons why he needs the year.
DVLA are a bunch of cunts at the best of times so it wouldnt surprise me for them to not look at it properly.
I dont understand how they can refuse to give him his trailer category back. It Mentions NOTHING of removing categories from a car licence for epilepsy or loss of conciousness. id love to know thier precedence for it. If they can remove his trailor rights then surely hes back to 6 points in 2 years???
They cant make this shit up as they go along.
MORE SEVERE ANXIETY STATES OR DEPRESSIVE ILLNESSES
Driving should cease pending the outcome of medical enquiry. A period of stability depending upon the circumstances will be required before driving can be resumed.
Particularly dangerous are those who may attempt suicide at the wheel.
Your friends doctor needs to be VERY clear wether there was or was NOT a seizure or suspected siezure. seizures are treated differently to loosing conciousness. Loosing conciousness is usually 4 weeks for anything other than a simple faint, unless theres high risks of reoccurance or "seizure markers". Also depends on cause.
Its all in here in chapter 1:
http://www.dvla.gov.uk/media/pdf/medical/aagv1.pdf
Also you DO have right of appeal:
If your driving licence is revoked or refused by the medical adviser at DVLA you will be:
* provided with a medical explanation of why this decision was taken. Wherever possible DVLA will advise you when you can re-apply for your licence
* sent notice that will explain your right of appeal to a Magistrates’ Court if you live in England or Wales, or to a Sheriff Court if you live in Scotland.
* provided with a medical explanation of why this decision was taken. Wherever possible DVLA will advise you when you can re-apply for your licence
* sent notice that will explain your right of appeal to a Magistrates’ Court if you live in England or Wales, or to a Sheriff Court if you live in Scotland.
Youd have a very good case for appeal if the medical evidence shows an error by DVLA. If the set example in the medical guide shows only 4 weeks and he got a year, DVLA would be required to explain the circumstances and reasons why he needs the year.
DVLA are a bunch of cunts at the best of times so it wouldnt surprise me for them to not look at it properly.
I dont understand how they can refuse to give him his trailer category back. It Mentions NOTHING of removing categories from a car licence for epilepsy or loss of conciousness. id love to know thier precedence for it. If they can remove his trailor rights then surely hes back to 6 points in 2 years???
They cant make this shit up as they go along.
#19
PassionFord Post Whore!!
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I had to stop driving for about three months as requested by my Doctor whilst awating the results of a eeg.I had suffered a couple of bouts memory loss.The results came back fine and my Doctor never informed the dvla in anycase so ? ?,this was back in 2003 though.
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