DVLA take up the baton

Last year, my husband remonstrated with two Metropolitan police officers about their conduct. Their response was to illegally arrest him and submit false reports to the DVLA among other things.

Despite the criminal case being dropped due to no evidence, the impact of the malicious prosecution goes on through the DVLA.

The officers involved falsely informed that they had confiscated my husbands licence to drive on the grounds that he had epilepsy and diabetes. He does not have those conditions and they said nothing of it when they released him from the station and returned all of his possessions. (Including the supposedly confiscated licence.)

The first we heard of it was when the DVLA asked my husband to return a questionnaire on his epilepsy and diabetes.

He unequivocally refuted the allegations and explained to the DVLA the circumstances that led him to believe that it was malicious.

He agreed for them to speak to his doctor who stated that my husband did not have these conditions and that in his opinion, was fit to drive.

This was not enough for the DVLA who demanded that my husband attend their own physician, which after various threats of disqualification if impossible time constraints were not met, occurred after the Christmas holiday.

During that consultation, my husband was asked to provide a urine sample, but despite the doctors assurances that it was to check electrolytes and fluids, my husband was suspicious and refused on the grounds of his right to privacy. It had been ascertained without doubt that the allegations levied against him were disproved and now it seemed that the DVLA and their agents were trying to find an alternative way to disqualify him.

Lo and behold, a couple of days later, the DVLA has sent my husband another letter requiring him to submit to a drugs test.

We have contacted the DVLA, asking the legislation that would override article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which protects his right to privacy. Their response has led us to part of the Road Traffic Act 1988

which refers to disabilities. The Citizens Advice Bureau, Community Legal advice and the other legal references that we have access to have not been able to advise us on the legality of the procedures requested by the DVLA.

Please contact me if you have any relevant advice.