Drink driving/drug driving

Convicted Driver Insurance

Dimzit

Member
Does every drink driving conviction mean you will need to attend a medical before license is reinstated?

I got a 3 year ban 1year for careless, 1 year for DD and 1 year for Drug driving. I have currently served 2 years and 2 months...

I have applied for my appeal and i have recieved correspondence that it will be listed in the 3rd week of january. I am pretty hopefull that it will be reinstated as my life has many opportunities awaiting me that I have to turn down at the present..

I'm just really asking about the medical.

Thanks guys.
 

January

Well-known member
Does every drink driving conviction mean you will need to attend a medical before license is reinstated?

I got a 3 year ban 1year for careless, 1 year for DD and 1 year for Drug driving. I have currently served 2 years and 2 months...

I have applied for my appeal and i have recieved correspondence that it will be listed in the 3rd week of january. I am pretty hopefull that it will be reinstated as my life has many opportunities awaiting me that I have to turn down at the present..

I'm just really asking about the medical.

Thanks guys.
Only if you are an HRO
When you got your letter from dvla it would state if you needed a medical or not
 

price1367

TTC Group
So 12 months would be right for drink driving, and 12 months for drug driving. 12 months is long for careless driving.
You may have a technical problem if you were given 12 months for each one, to be served consecutively to amount to 3 years and you have to have served a minimum of half of your sentence, subject to a minimum of 2 years having elapsed. You may find that the CPS argue that you have served, for example, 12 months for drink driving, 12 months for drug driving and only have 10 months of your careless driving ban to serve which makes an application to get your licence back invalid......
Hopefully the court gave you a 3 year ban and simply explained how it was arrived at, because if it was 12 plus 12 plus 12 as you indicated then you will fail.
you would not have to do a medical for a drink drive reading of 53, but DVLA might require you to have a medical for the drug driving, particularly as alcohol was involved with the drug taking.
 

Dimzit

Member
The way it happened was i had a 2 year ongoing court case but all 3 offences got heard at the within the same few weeks. The drug driving was negative at the time of the breath test (i blew zero) it was not a concoction of the two. I understand what you mean about having 1 year for each of them... maybe you have a valid point there. So i need to of served half of the last year is what your trying to say?
 

price1367

TTC Group
It may help you to refer to the guidelines for sentencing for offences where you are disqualified, which specifically say that disqualifications must NOT be consecutive:


Disqualifications from driving
CircumstanceApproach
Offender convicted of two or more obligatory disqualification offences (s34(1) Road Traffic Offender Act 1988)The court must impose an order of disqualification for each offence unless for special reasons it does not disqualify the offender.36 All orders of disqualification imposed by the court on the same date take effect immediately and cannot be ordered to run consecutively to one another. The court should take into account all offences when determining the disqualification periods and should generally impose like periods for each offence.
 

price1367

TTC Group
Sorry our messages crossed, you ask about having to serve half of the (hypothetical) remaining 12 month ban.... NO, you have to have served a minimum of half of a ban, BUT subject to a minimum of 2 years having been served, so for a 12 month ban you cannot apply.
You will see that the direct instructions from the Sentencing Council specifically say that a court must NOT give consecutive bans, but 3 years for a reading of 53 in manifestly excessive. Do you have the original paperwork from the court saying how your ban was made up?
 

price1367

TTC Group
I have read your reply again.... It could depend on what order the cases came up if they were at different times.
If you were sentenced for a second offence, before a first one, then you would not attract a mandatory 3 year ban for a second offence in 3 years, But if you were sentenced in the order that they were committed then your second conviction, even if for a reading of 53 would have attracted a minimum 3 year ban. That would mean that you have to have a medical before you got your licence back.
I would suggest that you write to the courts you appeared at to ask them for the details of what you were convicted and sentenced for. They will only look if you give the caudal court dates. The other way is to make a Subject Access Request to DVLA asking for all data they hold on you, which will show your convictions and the length of the bans imposed.
If you were banned at different courts then you also have a problem, as you have to appeal to the court that banned you and if it was 2 courts they you will have a problem as I outlined about the half sentence/ minimum 2 years I pointed out.
 

Dimzit

Member
  • This is the sentencing, for some reason the careless driving offence isnt on there which was before the drink drive. Its confused me I was convicted of careless then a week later I was Convicted of drink driving but the careless was a 2 year ongoing trial that kept on getting adjourned.
  • Dates
    • Start date: 17 Aug 2018
    • End date: 16 Aug 2019
    • Conviction date: 17 Aug 2018
    • Removal date: 17 Aug 2029
  • Offence details
    • DR10: Driving or attempting to drive with alcohol level above limit
    • Fine: £337.00
    • Period: 12 months
  • Court
    2105:
    Name unavailable

        • Start date: 5 Nov 2018
        • End date: 4 Nov 2021
        • Conviction date: 5 Nov 2018
        • Removal date: 5 Nov 2022




    Offence details

        • DG10: Driving or attempting to drive with drug level above the specified limit
        • Fine: £467.00
        • Period: 3 years




  • Court
      • 6100: Name unavailable​
      • .​
 

price1367

TTC Group
So from that, the good news is that you CAN apply to get your licence back as you had a 3 year ban for drug driving and you have served over half of the ban and 2 years have elapsed.
The bad news is that you will have to do a medical before you get your licence back because of the 2 convictions in 10 years.
 

Dimzit

Member
So from that, the good news is that you CAN apply to get your licence back as you had a 3 year ban for drug driving and you have served over half of the ban and 2 years have elapsed.
The bad news is that you will have to do a medical before you get your licence back because of the 2 convictions in 10 years.
I thought the medical was if you was if you re offended twice in ten years. Techically i havent reoffended or the consequences would of been more severe...im hoping that i may of just gotten away with falling in the category of being a repeat offender high risk offender.
 

price1367

TTC Group
You dont get one go at drink driving, one of in charge, one of failing to supply and one of drug driving! They are all drink / drug driving offences and trigger the HRO process with DVLA.
 
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