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Rehabilitation of offenders act v DVLA


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in 1996 i got a ban because of drunk driving. Plus drink driving on a provisional .TOUGH LUCK.

Firstly, at the court hearing it turned out the police officers had failed to note the correct license plate on the car. This came to light at the hearing, my lawyer advised me to sign an amendment, which corrected the fault and moved the case forward.

Would refusing to sign the amendment have gotten me off? Could they still prosecute?

 

Secondly

 

I left the UK in 1997 and was in the USA up until 2010. on applying for a provisional i was told by the DVLA i would have to go through all the processes deigned appropriate i.e. higher expenses on applications, and paying for blood test.

 

I wrote to the DVLA and called, asking if this was relevant considering i had ran out the time on the rehabilitation of offenders act.

Of course they said no.

 

My question is what takes prescedence: the DVLA and their records or the rehabilitation of offenders act.

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I 'm sure a Drink Drive Conviction remains on licence for eleven years but is spent under rehabilitation of offenders act.

 

Its well known that the DVLA tell porkie pies.

 

in 1996 i got a ban because of drunk driving. Plus drink driving on a provisional .TOUGH LUCK.

Firstly, at the court hearing it turned out the police officers had failed to note the correct license plate on the car. This came to light at the hearing, my lawyer advised me to sign an amendment, which corrected the fault and moved the case forward.

Would refusing to sign the amendment have gotten me off? Could they still prosecute?

 

Secondly

 

I left the UK in 1997 and was in the USA up until 2010. on applying for a provisional i was told by the DVLA i would have to go through all the processes deigned appropriate i.e. higher expenses on applications, and paying for blood test.

 

I wrote to the DVLA and called, asking if this was relevant considering i had ran out the time on the rehabilitation of offenders act.

Of course they said no.

 

My question is what takes prescedence: the DVLA and their records or the rehabilitation of offenders act.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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A judge may have ordered that an extended driving test is to be taken before license can be re-issued. No expiry on such an order, if one was made.

 

Regardless, your offence must have been quite bad, and you are deemed a "high risk offender".

 

It is part of your sentence IMO. If you had been in the UK you would have gotten this letter.

 

Dear Sir/Madam,

 

I am writing to let you know that we have received details from the court of your recent disqualification for an alcohol related offence.

 

The disqualifications outlined below are ones the law recognise's as being an indication that such drivers may misuse alcohol in a way that could make them unfit to hold a driving licence.

 

One disqualification for driving, or being in charge of a vehicle, when the level of alcohol in the body equalled or exceeded:

 

(i) 87.5 microgrammes per 100 milliliters of breath, or

 

(ii) 200 milligrammes per 100 milliliters of blood, or

 

(iii) 267.5 milligrammes per 100 milliliters of urine.

 

Two disqualifications within the space of 10 years for drinking and driving, or being in charge of a vehicle whilst unfit through drink.

 

One disqualification for refusing/failing to supply a specimen for analysis.

Your recent disqualification means that you fall into one of the above categories. Before you can obtain a driving licence following your period of disqualification, you will be required to satisfy the Secretary of State, (in practice the Driver and Vehicle Licensing Agency's Medical Adviser), that you are medically fit to hold one. This will involve a medical examination by an independent doctor, who will complete a medical questionnaire, a physical examination and the taking of blood for analysis. You are advised that a licence will not be granted if there is evidence of persistent alcohol misuse or dependency in the 12 months before your application, or if there is evidence of ongoing misuse or dependency. If you are unlikely to meet the criteria, you should discuss the matter with your own doctor.

 

This policy was first introduced in 1983, and was extended in June 1990, following a review of road traffic law. It is the Department's aim to reduce the overall number of road casualties by 40% and by 50% for children by the year 2010. As a significant number of accidents are alcohol related, I am sure you will appreciate that positive steps need to be taken to reduce the number of incidents arising from drink/driving offences.

 

The Agency's Drivers Medical Group will write to you about 3 months before your disqualification period is due to end to explain what you must do if you wish to apply for a new licence. If you have not heard from the Agency 2 months before your disqualification period expires, please write to Drivers Medical Group, DVLA, Longview Road, Swansea, SA99 1TU.

 

Yours Faithfully

 

Drivers Customer Services (Courts)

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