I've decided to take DVLA to court!

Convicted Driver Insurance
I'm taking them to court because I can prove the underhanded way they have dealt with my case. Some of us are fighters some are not. Some of us roll with bullshit some don't.
It’s not about rolling with bullshit as much as just admitting the rules were broken. By me and virtually everyone else here, and to atone for that we have to start to follow those rules.

You don’t really seem to want to do that. One has to ask why. Was the swab test failure a fair result? If not, there would be no reason to refuse a blood test. Unfair as it may feel (and PITA it must be to be arrested wrongly to have to do that), I’d still choose that ahead of being classed HRO. Any day.

If it was, and you had something to hide, there’s no shame in that (we’ve all got to do what we think is best, be that fight or conform), but don’t expect much sympathy if you lose knowing your guilt.

And no hate here. This would be a pretty landmark case if you were to win it; it would set a precedent for many of us, and would probably become class action. I hope you’re ready for all that. It won’t happen but if you get your way it will.
 
I didn't drive under the influence. I failed a swab test and refused to give blood. I tried to tell them and they ignored my letter. I suffered a sleepless night and gave clean blood to get my license back. I did however hit the bottle for a short time after the stop and confided in the GP. He tells dvla this in the questionnaire and they state its a history of alcohol abuse. You claim to have read my previous posts?
I’m the clown??? No wonder the DVLA are being awkward with you. You FAILED a swab test and yet state you weren’t under the influence??? So what did you fail for then? Somebody that is clear of drugs or alcohol does not kick up the fuss you have and goes along with the procedure. Fortunately I don’t resort to name calling.
 
It must have just been me they didn't notify then. This is because my test was 0.4 and I would have questioned why they sent a questionnaire for the GP to fill in.

Both organisations are for profit corporations since 2008. When you're paying someone, they do what you tell them.

When you confide in your GP and inform them you have reduced your intake considerably, then it's in their patients interest to be monitored and in this case invited in for a medical/interview to determine fitness to drive. GP's swear an oath to remain impartial and act with the patients interest.

In my case there is one event in my medical history of alcohol abuse that I confided in the GP with. DVLA claim the gp states I have a history of alcohol dependence, this happened to be highlighted in the bold txt in just one paragraph.

There is no law or legislation that gives DVLA the power to demand anyone stop drinking and for that person to provide the proof. How is someone supposed to do that?????
I got a 0.5 on my cdt test and my gp was contacted too. They are not solely basing a decision on just your cdt results alone. And in terms of withholding your results? You’ve got free rein of them so long as you request a SAR. End of the day, as harsh as the DVLA requirements are…it’s something that unfortunately is a must if one wants their licence bk, that’s just their procedure whether it’s fair or not. And in terms of demanding and infringing on one’s right to drink? Again once you’re at DVLAS mercy…so again you do the whole yea sir no sir three bags full sir. A person that didn’t make the same mistakes as we did doesn’t need to abide by such strict rules but those of us that have? Unfortunately must
 
I’m the clown??? No wonder the DVLA are being awkward with you. You FAILED a swab test and yet state you weren’t under the influence??? So what did you fail for then? Somebody that is clear of drugs or alcohol does not kick up the fuss you have and goes along with the procedure. Fortunately I don’t resort to name calling.
No you just make things up inside that head of yours
 
It’s not about rolling with bullshit as much as just admitting the rules were broken. By me and virtually everyone else here, and to atone for that we have to start to follow those rules.

You don’t really seem to want to do that. One has to ask why. Was the swab test failure a fair result? If not, there would be no reason to refuse a blood test. Unfair as it may feel (and PITA it must be to be arrested wrongly to have to do that), I’d still choose that ahead of being classed HRO. Any day.

If it was, and you had something to hide, there’s no shame in that (we’ve all got to do what we think is best, be that fight or conform), but don’t expect much sympathy if you lose knowing your guilt.

And no hate here. This would be a pretty landmark case if you were to win it; it would set a precedent for many of us, and would probably become class action. I hope you’re ready for all that. It won’t happen but if you get your way it will.
The post starts off with my concerns. It's all in the grammar. The following letter from DVLA had a sentence highlighted stating 'this may not need to go to court', they included some forms to fill in which I have (yet again) then they send me an encrypted email saying sign up so I can read it. I don't want to sign up, we were communicating quite fine before. Why should I sign up? please don't say to read the mail! Why have they decided to change the goalpost for communication? the swab was a failure, this proved I had used cannabis. Why would there be no reason to refuse a blood test? How does refusing to provide blood make you high risk?
I'm guilty of failing a swab test and refusing to follow their rules, if that makes me a bad person then those that think that way will be satisfied. I'm not a bad person I just smoke cannabis which happens to be illegal. I put my trust in a GP and confided in him I drunk for 2yrs and I have now got myself off it. Between him and DVLA and their questionnaire they have me down as having a history of alcohol dependence when the fact is there is 1 event in my history while I lost my license, I've never ever been convicted of DD because I don't D&D. I hope this clears things up.
 
No you just make things up inside that head of yours
Wow. I think the cannabis has made you deluded to the facts. You don’t seem to think drug driving is a problem and for once I will side with the DVLA. You are rude, condescending and in denial of your crime. Alcohol or not; the way you speak to people is patronising and tbh I hope they throw the book at you. People on here are looking for genuine assistance not someone who thinks they are greater than the law. You failed a drugs test. You can deny your guilt all you want with your failed sample, fear of blood tests and lack of GP. You think cannabis is ok and you have a history of alcohol abuse albeit in the past.
I think you need to rethink your demeanour as you are not pleasant to interact with.
For now I wish you well with your DVLA court case and the tens of K that will cost but tbh; I will be happy if you remain off the road as you think it’s ok to drug drive.
 
The post starts off with my concerns. It's all in the grammar. The following letter from DVLA had a sentence highlighted stating 'this may not need to go to court', they included some forms to fill in which I have (yet again) then they send me an encrypted email saying sign up so I can read it. I don't want to sign up, we were communicating quite fine before. Why should I sign up? please don't say to read the mail! Why have they decided to change the goalpost for communication? the swab was a failure, this proved I had used cannabis. Why would there be no reason to refuse a blood test? How does refusing to provide blood make you high risk?
I'm guilty of failing a swab test and refusing to follow their rules, if that makes me a bad person then those that think that way will be satisfied. I'm not a bad person I just smoke cannabis which happens to be illegal. I put my trust in a GP and confided in him I drunk for 2yrs and I have now got myself off it. Between him and DVLA and their questionnaire they have me down as having a history of alcohol dependence when the fact is there is 1 event in my history while I lost my license, I've never ever been convicted of DD because I don't D&D. I hope this clears things up.

Yes I think I understand the chronology.

The swab test is basically just a breathalyser for drugs. It’s enough to arrest you, but not enough to ascertain level of guilt. Swab tests are vulnerable, and can even be misused by the police looking for something else. So a blood test has to be used.

There is no calibrated breath machine for drugs. It has to be observed by blood. So for the same reason that if you refuse a breath at station they will class as FTP and then HRO, because they’ve no way of knowing how drunk you are so have to assume you’re HRO. Otherwise, why would anyone do a breath test otherwise.

So, it’s the same for drugs. They know with good suspicion from swab they’re in you, by refusing a test they’ve no way of knowing how high you are. It could be not at all, or it could be Lisa Simpson at Duff Gardens high. By refusing a blood sample and a possibly lighter sentence, you made yourself HRO (although for drugs cases you may need medical anyway; I’m unsure).

I recall speaking to a GP and reading a lot about medicals in my early HRO days. I still failed one. I do remember reading however that the DVLA are well-wise to those who switch one addiction for another, and instruct GPs to look out for this. Seriously well done for getting off the drink but I’m afraid it’s this that hamstrung you.

Legal advice is one option. Legal action is another entirely. It’s your call. Personally I think it’s abjectly the wrong one, but good luck whatever you decide. I’d be keen to learn the outcome so please keep us posted.
 
Their own procedure is to provide a urine sample. I made them aware of this they ignored it.

Cannabis is not addictive.

That would be nice.

I don’t know the procedure entirely because mine was DR10 and not drugs. But I always thought it was bloods for drugs. Drugs are varied and that’s the marker they’re after. Urine may well be an option, I don’t know. I also wasn’t aware it was like a drive thru and you could choose (I mean it’s their restaurant after all and it’s you who’s put yourself there).

No cannabis may not be addictive. I mean around here it’s practically legal anyway (the level of control the police exercise it may as well be). And do you know what, that’s fine with me - it’s mostly harmless. I have my own view on why it isn’t, and always I’d rather the local chavlings round here were a bit spaced and silly, rather than drunk and angry. We were all kids once.

But it is illegal. The addictive properties don’t matter. LSD isn’t addictive either; I still wouldn’t take it before nipping to get fuel. Mescaline isn’t addictive, but I wouldn’t take a trip to mong-land with my psych-ho’s and space-bitches and then drive to parents’ evening later. Which in the eyes of the authorities is exactly the type of behaviour you are now happily broadcasting you could be prone to.

More’s the point, the ‘legal’ threshold for plasma cannabis is stupidly, unfairly low. It’s deliberate. Cannabis has a very long half life. Have a night out on the biscuits or the pep, and you and your mate Rio from SK9 have only got to hide in a hedge for 2-6 days. On the doob it’s different. It may be sweet, innocent and natural to you and your quaver-munching mates, but to them that half life is a big deal. You ain’t road legal while it’s in you.

I don’t judge because I think the world would be a much nicer place actually if 90% of its bars and pubs were cafes or shisha, just as in the same way I could never understand the heavy handedness at raves. No trouble was ever really caused, just some low-level dealing and some noise. But the authorities don’t like it as it produces no revenue, and lobbies are very powerful.

Start looking at this from their view for just a second and see what’s wrong here.

Please don’t trip yourself by playing David. This Goliath is one you won’t take down. The drugs and alcohol in your file aren’t going to help you, you’ve admitted to both, and I’m afraid the world isn’t really a fair place anymore. If you’ve ever mentioned ANY mental health also - which you may or may not have to explain the drinking - again that picture of you won’t be painted nicely in a court of law; against a government department. They can also see and hear as much as you - I really wouldn’t poke the bear until you’re at least driving again.
 
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Whatever the rights and wrongs, unless you have a few million quid in the bank I wouldn't recommend trying to take the Government to court - for that is what it would de facto be.

Probably better to find a sympathetic campaign or lobbyist group to try and alter the law. Or if you think your personal liberties were infringed, get in touch with Liberty:

 
On a personal level. And I do mean exclusively, me.
I think my recent findings regarding my health and highly likely prognosis. I now at the ripe old age of 56, not old by today’s standards I guess I eventually get it. I’ve always been one for fighting both literally and figuratively. I’ve always swam against the tide, tried to right the wrongs or injustices as I’ve seen them. And at this point in my life, with not a whole lot to look forward to. I can tell you this….it’s got me absolutely ****ing nowhere. Swim with the tide, some things in life just are what they are. You waste a whole part of your fleeting existence on this realm fighting against things that, like it or not, are going to happen. Enjoy the moment, enjoy life and carry a smile. It’s gonna happen, you can either bitch and moan, or you can wear a smile. I’m getting really philosophical at the moment, and understanding the true meaning of perspective. This may not help anyone, but writing things down certainly eases my pain at least. Travel through your struggles in life with the “it is what it is” mentality. Then you will be as impervious as the rock at the beach that’s layer there for a thousand years without the ingress of water.
And no, I haven’t been on mind altering substances lol. Good luck to one and all, live your best life.
 
Ok guys thx for your input. I'm clearly the only man here that is willing to fight the BS. When I win, why should I share how I did it with you all? George Orwell was right.
 
On a personal level. And I do mean exclusively, me.
I think my recent findings regarding my health and highly likely prognosis. I now at the ripe old age of 56, not old by today’s standards I guess I eventually get it. I’ve always been one for fighting both literally and figuratively. I’ve always swam against the tide, tried to right the wrongs or injustices as I’ve seen them. And at this point in my life, with not a whole lot to look forward to. I can tell you this….it’s got me absolutely ****ing nowhere. Swim with the tide, some things in life just are what they are. You waste a whole part of your fleeting existence on this realm fighting against things that, like it or not, are going to happen. Enjoy the moment, enjoy life and carry a smile. It’s gonna happen, you can either bitch and moan, or you can wear a smile. I’m getting really philosophical at the moment, and understanding the true meaning of perspective. This may not help anyone, but writing things down certainly eases my pain at least. Travel through your struggles in life with the “it is what it is” mentality. Then you will be as impervious as the rock at the beach that’s layer there for a thousand years without the ingress of water.
And no, I haven’t been on mind altering substances lol. Good luck to one and all, live your best life.
Well put mate, I'm with you, however the BS I'm experiencing is holding me back from making money, I wish to get back into work and off benefits. I'm sticking with my opinion that you do the crime, serve the time, pass the test and that should be the end of it! Peace out!
 
Well put mate, I'm with you, however the BS I'm experiencing is holding me back from making money, I wish to get back into work and off benefits. I'm sticking with my opinion that you do the crime, serve the time, pass the test and that should be the end of it! Peace out!
You have to do what you have to do pal. I’ll say again. And it’s not meant to be argumentative. The best of luck to you.
 
Well put mate, I'm with you, however the BS I'm experiencing is holding me back from making money, I wish to get back into work and off benefits. I'm sticking with my opinion that you do the crime, serve the time, pass the test and that should be the end of it! Peace out!
Get a different job then and stop using the lack of license as an excuse. The way you are heading you may never see a license again so are you planning on never working again?
 
As I said in an earlier response, I’m all for holding people to account. Especially government agencies that are neither performing nor really fit for purpose.

My last renewal for instance took over 12 months. It wasn’t until I mocked them by asking if I should apply again now for next year, so as to help them out since it was taking so long; that it actually got pushed over the line.

And that’s far from my only SA99 woe. The first medical I had, I failed, and I had to complain and appeal over. It caused me huge issues and I was very lucky to keep the lifeline job I was clinging onto at the time (in fact, if not for lockdown, I’d have probably lost that job).

That complaint, appeal and ensuing repeat medical was delayed massively by the same lockdown (#1), so it was a blessing and a curse. But the complaint made was never fully resolved to my satisfaction (I wanted to know why medical failed when hadn’t drank above guidelines… in fact I’d taken an overdose, yet my two psychs and GP had all said no self-harm issues any longer as it was a one off) - they still cared little about its impact on me, my finances/career, family, mental health, the fact my 25% ban reduction was negated entirely etc.

Even with the GP eventually onside, and an MP involved… and even the extremely hawkish (but fair) DVLA-appointed quack who remained in contact by text throughout lockdown (he was the only one who would actually listen to me, outside of the medical at least); it didn’t matter. I was getting nowhere until I waited it out, played by the rules, and danced very slowly and bureaucratically to the beat of a very monotonous South Welsh drum. All the while perpetually on hold to an 0330 number.

So yes - by all means go for it if you feel you must. Personally I think it’s a foolish decision without proper legal counsel (and - as you will hopefully deduce from the above - I’m speaking from experience, not at all from any want or desire to condescend). But it is how change occurs, so good luck with it and do keep us up-to-date. This affects us all to a degree.
 
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From reading through this thread, I suspect the forum has yet again been targeted by another 'troll' (CDT1.4) who seems intent to deliberate antagonise the rest of us on here with ridiculous comments and gets abusive when challenged.

Some of what CDT1.4 has said doesn't quite make sense or sound rational. I wouldn't make any further comment or pass judgement other than to say we should just bring this discussion to a conclusion.

CJ
 
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