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Licence revoked for doing the right thing?

Discussion in 'Driving and DVLA' started by MackenzieBammer, Sep 6, 2017.

  1. MackenzieBammer

    MackenzieBammer Type 1 · Newbie

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    Back in march of this year I was driving myself and 2 colleagues to work. On the way there I could feel a hypo coming on so I stopped the car and turned off the ignition and took the keys out so the car could not move and went for the glove box to get my sugar but my colleague in the passenger seat prevented me from getting sugar out of the glove box to self medicate because he thought I was fooling around and therefore prevented me from getting into the glove box to get my sugar. So therefore I then went under and had a full blown hypoglycaemic attack and he then not knowing what to do called the police. The police then called the paramedics and when I came to the police had already left and taken my car. The next day I went to the police station and got my car back without any problems.
    The DVLA sent a letter a couple of days later with the questionnaire and statement form to which I filled in and told them the above story that I had stopped and parked the car and removed the keys so therefore I am the equivalent of a drunk driver in the backseat sleeping. I had no control of the car as the keys were not in the ignition. This is the only hypo I have had with any assistance in the last 20 years (I have had type 1 diabetes for 40 years) as I also told the DVLA this. I heard nothing more.
    A week ago I was pulled over for a random check by the police and was told my licence has been revoked in April. I am now being charged for driving without a licence which may make my insurance invalid even though I was never notified my license had been revoked.
    I have since been in touch with the DVLA who said they had a letter on file explaining why my licence has been revoked and that they would send me a copy of it. I am now waiting for it.
    The hypo was only assisted as I was prevented from medicating myself, but I was deemed to be in charge of the veichle because the keys were in the car (not ignition) available to me.
    I'm not sure how to fight this or how to get my license back. I will now lose my job and my house as I won't be able to afford my mortgage. I live in a tiny village in the middle of nowhere and jobs do not come easily and travel is needed for one. Busses are basically non existent in my area. I also believe the police reported that I was driving viechle even though both of my witnesses know this to be untrue.
    Does anyone have any advice they can give me to help fix this?


    Sent from my SM-N910F using Diabetes.co.uk Forum mobile app
     
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  2. Squire Fulwood

    Squire Fulwood Type 2 · Expert

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    Apart from appealing the decision in a court I don't have any advice but I am interested to know how your colleague in the front passenger seat is feeling about now.
     
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  3. dipsydo

    dipsydo · Well-Known Member

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    If you look on the internet there is lot of information about challenging the decision to revoke a licence and that you can appeal against it in the court
    One site which gives a some information is http://www.motorists-lawyer.co.uk/content/services/DVLA-and-licence-revocation.rhtmout

    Cannot vouch for the site and I am sure there are lots of other sites as well

    I do wonder if it was a random check as the police have the number recognition which attaches to various details to a car so and DVLA may have noted your position against the car number?

    I note that you are being summoned for driving without a licence and I suspect without valid insurance as the insurance may have been automatically voided as normally one of the requirements of car insurance is that you have a valid licence. Looks like you need a lawyer to defend that - sounds like you have good grounds but I am not a lawyer and common sense is not always what is the out come of the law.

    One thought is that if you have house insurance do you have legal insurance? It is often an add on with house insurance . Alternatively if are you a member of AA / RAC etc they may be able to offer some legal assistance . The other off the wall thought is that as a work colleague caused the issue there may be some responsibility on your employer to assist you - although I note you were going to work and not during work so may not be relevant and it may not be a route that you want to consider.

    Hope it gets sorted out for you
     
  4. GrantGam

    GrantGam Type 1 · Well-Known Member

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    Hello @MackenzieBammer.

    I'm really sorry to hear about your situation.

    I'm concerned that your colleague stopped you getting access to your fast acting glucose, I don't quite understand it. What was the time frame between you attempting you remedy your hypo and passing out?

    The advice I was given under your circumstances was to park up, remove the keys from the ignition and throw them into the back seat, then move from the driver seat into the passenger one. Given you were still in the driver's seat is probably a large part of the problem...

    I have no advice to offer here, other than to get advice from a solicitor and contact the likes of Diabetes UK and other charities - as they will likely have prior experience of these matters. It's important that you get a good solicitor; and some diabetes charities may be able to refer you to legal teams that specialise in circumstances like yours.

    I wish you all the best.
     
  5. noblehead

    noblehead Type 1 · Guru
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    Shame on your work colleague, what were they thinking of?

    It's a nightmare scenario to be in @MackenzieBammer , all I can suggest is the same as the other replies and that is to seek legal advice.

    @dipsydo makes a good point about checking your house insurance to see if your have legal assistance cover. Good luck.
     
  6. debrasue

    debrasue Type 2 · Expert

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    I would echo what other posters have said: you need to take legal advice and check on your home insurance to see if you have cover for this. It does seem to me that the onus should be on the DVLA to ensure that you are aware if your licence has been revoked - a simple Signed For letter would be all that it takes, but it certainly doesn't seem sufficient for them to say that they have a letter on file!
    Good luck with this - I would certainly fight it all the way. (And since it was your colleague who caused the problem in the first place, I can't imagine that your employers would fire you. Perhaps there is someone who could give you a lift to work while you're sorting this out, or could you maybe work from home for a while?)
     
  7. GrantGam

    GrantGam Type 1 · Well-Known Member

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    Just a thought @MackenzieBammer...

    Why don't you tell the police that your colleague stopped you treating your hypo? It's battle of the fittest when livelihood and whether you do or don't have a roof over your head are at stake.

    I don't know what the ramifications would be on your colleague following such an allegation, nor do I care. He endangered your life and that can't go unacknowledged.
     
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    #7 GrantGam, Sep 6, 2017 at 6:15 PM
    Last edited: Sep 6, 2017
  8. MackenzieBammer

    MackenzieBammer Type 1 · Newbie

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    I have a job in a factory and therefore cannot work from home. My work is 25 miles away. I was the one who drove the people from my town to work and back as none of them drive. Their jobs are also on the line. I'm going to try and fight this and hopefully get my license back.
     
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  9. MackenzieBammer

    MackenzieBammer Type 1 · Newbie

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    I have told the police this as has my colleague however the police don't seem to care. Wether it's an accident or not it's still breaking the law to them.
     
  10. GrantGam

    GrantGam Type 1 · Well-Known Member

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    There is no denying that remaining in the driver's seat was an issue.

    If you were on the hard shoulder of the motorway, you could always argue that you were in the driver's seat because it's not recommended to leave the vehicle when on the hard shoulder. I believe that's the case?

    Still, the guidance for diabetics suffering hypos at the wheel does state that you must 'remove' yourself from the driver's seat and unfortunately, you didn't.

    If I were you, I'd be arguing that the only reason you were still in the seat (unconscious) was because you passed out there as a direct result of untreated hypoglyceamia. That hypoglyceamia only required external medical assistance due to a dangerous, manic and downright psychotic passenger preventing you from treating yourself.

    Good luck @MackenzieBammer and make sure you get legal assistance!
     
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  11. Sparrow456

    Sparrow456 Type 2 · Well-Known Member

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    You need to take legal advice. A solicitor can file an appeal for you and will understand all that "small print" in the documents. Also see your GP or Consultant to get evidence of your fitness / proof that you do not regularly have hypos. This is one that needs to be answered by the experts, Fines can be imposed, a minimum 6 points on your licence and you could get a criminal record.
     
  12. donnellysdogs

    donnellysdogs Type 1 · Master

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    Get legal advice..

    Have you got any house insurance or any way to get free legal advice? If living at home as your parents whether they have legal advice on house insurance, or do check your own car insurance...

    See CAB.

    I had similar to you and I kept my licence..... my dsn and a consultant helped me fight my case. I was in drivers seat. Felt hypo. Pulled over, stayed in seat!! I was eating sweets. Driver behind me called police and ambulance. I fought for 3 months for my licence and kept it. This was in 2010.

    You did right. You pulled over and tried to treat yourself. You are not responsible for the stupudity of others that prevented you getting your hypo stoppers.

    You need legal advice.
     
  13. carty

    carty Type 2 · Well-Known Member

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    C A B can sometimes get you a solicitor for one free consultation
    CAROL
     
  14. Grumpy ole thing

    Grumpy ole thing Type 1 · Well-Known Member

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    Hi @MackenzieBammer

    Im sorry to hear all this, I hope you are doing ok..

    If you are not receiving responses from all parties quickly enough you can go to your MP. Mine has been fab particularly in dealing with the DVLA. He/she should be able to move things along for you.
    There are some links on here to reports about the DVLA and some new guidance they should be working to following complaints that people were not being treated fairly or consistently.
    Good luck xx
     
  15. Grumpy ole thing

    Grumpy ole thing Type 1 · Well-Known Member

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    PS, in France what your colleague did would be considered actual bodily harm, due to a failure to assist you. You could pursue this with the Police.
     
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  16. frankbegbie

    frankbegbie · Well-Known Member

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    I have a feeling a decent solicitor would tear their case to ribbons.
     
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