Dangerous Driving / Dangerous Condition

Question:

I was driving a van with no mot to get to work. I was charged with dangerous driving as the vehicle was deemed to be in a dangerous condition. Due to my personal circumstances the case went to crown court where where the judge ruled and police prosecution agreed that it was not my driving that was dangerous but the vehicles condition.

I was given a one month ban, no points and told I did not need to re apply for my licence as I was not driving dangerously. However the address on my licence was out of date and so was sent to DVLA for update. Some months later I had not received my licence back so contacted DVLA who advised I would need to sit an extended test for the return of my licence.

I explained the case and was told that if the court sent written confirmation that judge ruled I did not need to sit a test or re apply they could return my licence. It is now weeks later and still no progress. I phone the court and get no help.

My solicitor has told me to send the form from the court stating I do not have to reapply for my licence and the solicitors letter to the same ends to the DVLA but the DVLA have already told me they need something in writing from the court directly.

Part of the reason the judge did not want to give me a ban of any sort is due to my mental health problems and the necessity for being able to drive for work. I was at the time on a low income so did not need to pay for solicitors fees. I have recently lost some of my working hours due to the recession affecting my bosses so am now on benefits and cannot afford to pay for an extended test if it is necessary.

I will contact the solicitor who dealt with the case again but any advice would be welcome. This is a desperate situation for me as I also have to quit the property I have been living in as a lodger for the past 2 yrs tomorrow as it is being sold! I was planning to sleep in my car if all else failed so cannot be unable to drive. Many thanks.

Emma Says:

You need to get an extract of the court register from the court that convicted you and send that top the DVLA. Even better would be if you could persuade the court to contact the DVLA for you. It seems that the court have told the DVLA that you were convicted of dangerous driving instead of driving a vehicle in a dangerous condition.

It sounds like it was the courts mistake and you should not have to do a retest.

I can help you but I would have to charge you private fees to sort this matter out for you I’m afraid. Put some pressure on the court to correct the mistake and they should come good if they accept it was their mistake.