We have particular expertise in representing clients who have had their driving licence revoked by the DVLA. We have seen an increasing number of revocations, based sometimes on very weak evidence.
DVLA licence appeals
The firm recently won a high profile case against the DVLA in the high court. Our client had her licence revoked on the basis that she was a danger either because of her COPD (a respiratory condition) or because of cognitive decline. We gathered strong evidence to refute the DVLA’s case and eventually won the case on appeal in the High Court in London. This was reported in a number of national newspapers.
Typically an older person may have been involved in an accident and also suffer from a medical condition. The DVLA might allege that this medical condition affect s that person’s ability to drive. If the DVLA decide that there is a connection between that medical condition and the person’s ability to drive, they may seek revocation of that person’s licence. If your licence is revoked, you might be given the option of undertaking a driving medical assessment. Should you not pass this, then the only option is to appeal to the Magistrates Court.
This is when we can become involved and carefully prepare your case for the trial, as it is very likely the DVLA will contest an appeal to the end.
When can the DVLA revoke a licence?
A medical revocation can take place once the medical advisers at the DVLA determine that a licence holder is not fit to drive due to a “relevant disability” that is likely to cause the driving of a vehicle by that person to be a source of danger to the public. The DVLA can investigate a driver’s fitness to drive in a number of ways:
- The licence holder or applicant for a licence informs the DVLA of a condition that could affect their driving, e.g. Diabetes, respiratory condition, etc.
- The Police have concerns about the health and well being of a licence holder after a particular accident e.g. unfamiliarity of roads or road signs due to dementia.
- The licence holder has been convicted and sentenced to a drink or drug related offence.
- The licence holder’s doctor informs the driver that they are not fit to drive and then informs the DVLA of their diagnosis, e.g. mental health condition, epilepsy.
What will the DVLA do?
The DVLA will ask their own doctor to consider the evidence. Once the investigation is complete and if the DVLA believe you are a risk to other road users, they will revoke your licence on medical grounds. That is, you will not be able to drive any more.
What can I do if my driving licence is revoked?
If your licence is revoked it is advisable you get professional advice from us as we can:
- Write on your behalf to the DVLA:
We can ask them to reconsider their decision. We might be able to provide further evidence which could persuade them to change their mind. If the DVLA change their mind, you will get your licence back.
- Appeal to the Magistrates’ Court:
If the DVLA are not prepared to change their mind you can appeal to the Magistrates’ Court. The Court will then list your case for a hearing at which the DVLA’s evidence and also any evidence you wish to present is heard. You must be able to show that you are in good health and fit to drive. Good preparation and good expert evidence is the key to success. If the Magistrates find the DVLA were wrong, then you will get your licence back.
- The Magistrates’ Court rarely deal with these cases, so it is essential to have someone like ourselves to do this on your behalf to ensure that matters can be expedited.
Have you had your driving licence revoked?
If you find yourself in a situation where the DVLA have removed your entitlement to drive through a medical revocation, then please contact one of our specialists who will be able to advise you accordingly.
Please note that legal aid is not available for DVLA cases.
Kelsey Thompson is a senior criminal case handler and initial contact/ admin assistant for all DVLA and licencing matters. Please email firstname.lastname@example.org to raise a new enquiry..