Abbeymead woman suffering ataxia loses driving licence after being wrongly accused of drink-driving

General
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Abbeymead woman suffering ataxia loses driving licence after being wrongly accused of drink-driving

JAYNE Wallace, who suffers with a disability that affects her balance, said she was wrongly accused of drink driving and has now lost her licence as a result.

Housing association worker Jayne, 41, from Abbeymead, was diagnosed with ataxia 10 years ago and although it hinders her balance, she has been medically cleared to drive.

In October last year, she stopped at Brockworth petrol station to fill her car and a member of the public reported her for drink driving when they saw her walk across the forecourt.

Minutes later, after Jayne arrived home, police officers knocked on her door

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"I was so scared, they treated me like a criminal," said Jayne, who lives with her mother Anne.

"I told the police officer I had ataxia and she told me she had never heard of it and she thought I was making it up.

"I was in floods of tears, I thought they were going to arrest me, but luckily they didn't."

Meanwhile, the DVLA sent Jayne a letter this week saying her licence will be taken off her and she believes last year's brush with the police is to blame.

She said: "I have had this condition for the past 10 years and I can drive fine, it is only my balance that is affected, I have a doctors note saying I can drive.

"My car is a lifeline to me, it is my only way of getting around."

Jayne said she is often mistaken for being drunk.

A police spokeswoman confirmed the incident took place, saying:: "As is protocol the DVLA were notified of the incident.

"Any subsequent changes to a licence are a matter for the DVLA. The woman was not arrested."

Founder of Gloucestershire and Worcestershire ataxia support group Brian Davis said he was "unsurprised" by Jayne's situation.

He said: "Being mistaken for a drunk person is probably one of the biggest problems anyone with ataxia faces. We deal with it every single day. It's obviously still safe for people with ataxia to drive. And the freedom it gives is vital."

A DVLA spokesman said: "Licensing rules have an important part to play in keeping our roads safe. We must make sure that only those who are safe to drive are allowed on our roads while at the same time avoiding placing unnecessary restrictions on people's independence.

"If the DVLA is made aware that a licence holder may not meet the minimum medical standards for driving then we will investigate.

"If it is confirmed that a driver does not meet the standards, we will revoke the licence."

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Read more: http://www.thisisgloucestershire.co.uk/Abbeymead-woman-suffering-ataxia-loses-driving/story-18530776-detail/story.html#ixzz2OlwQiQof

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This is what I worry about. This is an out rage. This makes me so mad. This is why I have a hard time accepting Ataxia!

3

I feel so bad for you - that is not fair they took your license. I got a speeding ticket yesterday. The police officer told me I could go to our local DMV to lower my points, then go to the trial, maybe revoking this charge. I thought about it for a while, my answer is no - if the judge saw how I walked (and with a walker) he would probably take my license as well, so I will just have to pay the fine by mail. what a pain.

4

I am going through the, I wonder will the DVLA take my licence scenario at the moment. I passed the visual field test and so now they are waiting for my doctor. Mine has been going on for 8 months. I have both Ataxia and Sleep Apnoea, both can cause the DVLA to revoke your licence. My wife does most of the driving these days.

5

this saddens me, I once almost got suspended from school because a teacher thought I was drunk, It made me angry at first now I'm happy he was just looking out for a "troubled" kid he was wrong about me but might not have been wrong about others. I still get reacted to like I'm drunk out in public. I once got stopped by police walking down the road because she thought I was drunk in public.

anyways I'm sorry you lost your licence but just like my teacher people were concerned, the police don't know of the condition (infact not many people do) and secondly you may be aware of how to deal with this issue, others don't, I don't have my licences because when it comes down to it if I hit someone drunk or not someones still dead

You have a doctor's letter so you will probally get your license back, It's not the police's job to know what ataxia is, anyone could write a letter like that and pass it off as a medical letter

again I'm sorry you lost your license, and I'm sorry you were misjuged but this is one of those rare instances when a harsh judgement isn't meant to be harsh

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At first read, this story outraged me!

I have, on many occasions, had people avoid me and I have heard them talking to others and saying that I was drunk because of how I appear at times due to my ataxia(s) (I do not drink alcohol). A few times while I have been walking with my two walking sticks as an aid but still walking awkwardly, I have seen adults pull children away from me and say things like; "Come away from that nasty man - he is drunk.". So, I have a great deal of sympathy with any fellow that is affected by ataxia and experiences this sort of ignorant, despicable and sometimes abusive treatment.

That said, I followed the link and re read the article and the comments left by posters. I agree with the sentiment that we are not getting all the information - just the tabloid story. I really want to side with Jayne (the lady in the report) but I do wonder if she followed the correct procedure with regards to the DVLA and the law. As noted, we do not have the full story - or more correctly, we do not have all the information regards 'the case'.

What did pain me to read were the comments made by some of the posters. Though I have questioned the article and the protagonist, I am only too willing to keep an open mind on this issue. Though, to be truthful, I am biased in favour of Jayne. In the responses on the linked page, it seems that some of the posters simply assumed that Jayne was in the wrong and deserved to be punished. To me that was unfair and somewhat ignorant on the part of those posters. Furthermore, one of the posters seemed to think the whole issue trivial and worthy of ridicule! I know that having a bit of a joke at times is meant to alleviate tension and not meant to offend but to write 'now she will have to take a taxi a .......' was heartless and unnecessary and, maybe, an indication of ignorance of the worst kind. I actually reported the poster for 'general' abuse.

I'm trying to be reasonable in my response but I do feel angered by the events as reported in the article and some of the posted replies on the web page. It is bad enough living with ataxia but it is made worse by arrogant or ignorant people that seem so very uncaring or actively against those that are affected. I would not wish my ataxia or any other illness on to anyone else. I do sometimes think though that some people should be made to live for a week in my place. Then, maybe, they would be more understanding, sympathetic (in a positive manner) and at least somewhat less offensive regarding others that are affected for real by ataxia.

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Faye Mays

Same thing just happened to me. I got a speeding ticket last week. The police officer said I was going faster then I really was. But Im not going to fight it. I will not walk in front of the judge. Thats why this is so unfair!

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Yes it is a Police officer job to know there is Ataxia. They know of Parkinson's. .

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Michael said:

At first read, this story outraged me!

I have, on many occasions, had people avoid me and I have heard them talking to others and saying that I was drunk because of how I appear at times due to my ataxia(s) (I do not drink alcohol). A few times while I have been walking with my two walking sticks as an aid but still walking awkwardly, I have seen adults pull children away from me and say things like; "Come away from that nasty man - he is drunk.". So, I have a great deal of sympathy with any fellow that is affected by ataxia and experiences this sort of ignorant, despicable and sometimes abusive treatment.

That said, I followed the link and re read the article and the comments left by posters. I agree with the sentiment that we are not getting all the information - just the tabloid story. I really want to side with Jayne (the lady in the report) but I do wonder if she followed the correct procedure with regards to the DVLA and the law. As noted, we do not have the full story - or more correctly, we do not have all the information regards 'the case'.

What did pain me to read were the comments made by some of the posters. Though I have questioned the article and the protagonist, I am only too willing to keep an open mind on this issue. Though, to be truthful, I am biased in favour of Jayne. In the responses on the linked page, it seems that some of the posters simply assumed that Jayne was in the wrong and deserved to be punished. To me that was unfair and somewhat ignorant on the part of those posters. Furthermore, one of the posters seemed to think the whole issue trivial and worthy of ridicule! I know that having a bit of a joke at times is meant to alleviate tension and not meant to offend but to write 'now she will have to take a taxi a .......' was heartless and unnecessary and, maybe, an indication of ignorance of the worst kind. I actually reported the poster for 'general' abuse.

Michael, I read your post and agree with it.

I'm trying to be reasonable in my response but I do feel angered by the events as reported in the article and some of the posted replies on the web page. It is bad enough living with ataxia but it is made worse by arrogant or ignorant people that seem so very uncaring or actively against those that are affected. I would not wish my ataxia or any other illness on to anyone else. I do sometimes think though that some people should be made to live for a week in my place. Then, maybe, they would be more understanding, sympathetic (in a positive manner) and at least somewhat less offensive regarding others that are affected for real by ataxia.

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It may not be the job of a particular police officer to know about ataxia! There are so many illnesses and conditions in this world that it would be unreasonable to expect an individual police officer to recognize them all. It is the duty of any officer to understand the situation they are in though and to take into account any information given by the accused regards medical condition and act appropriately. Further more, the police force - as an organization or institute should have the ability to follow up such information given.

Sadly, it seems we live in a world (or country at least) where it is easier for the police to assume the worst of an individual and see any follow up on information given as nothing but a bunch more paper work. My opinion on the police response "As is protocol the DVLA were notified of the incident. Any subsequent changes to a licence are a matter for the DVLA. The woman was not arrested." is that it just goes to prove the point! The police could of handled the matter more sympathetically or sensitively - but that, I assume, would have made much more paper work than they where prepared to do.

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I feel they should know of it. Or BELIEVE someone. Or give a breathalyzer test. I lost my son for a night because the police thought I was drunk. And would not waste the tax payers money to do the test on me. So since I knew I wouldn't walk better. I sat at the police station for 15 hours till they would give my son back. My mind will never be changed on this subject.

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The key part of this Lori (and all) is, I suppose, that the police should take any information given by the suspect and act accordingly in a diligent manner and not simply be dismissive of any claim of a medical condition by the accused.

In cases like the one in the newspaper article and like your own I would have thought it absolutely necessary for the officers concerned to do a 'breathalyser' test and would assume that a strong case could be made against the officers of neglect in not doing the test. It could also be claimed that the officers were neglectful of the accused by not making an effort to look up the claimed condition and act appropriately.

As I wrote earlier though 'Sadly, it seems we live in a world (or country at least) where it is easier for the police to assume the worst of an individual and see any follow up on information given as nothing but a bunch more paper work.' and as such officers could well be insensitive or neglectful.

I appreciate very well your statement that your mind will never be changed on the subject and I am disgusted that you had to go through such an ordeal at the hands of inconsiderate police officers. I reported a crime to the police a year or so ago that involved me being accused of hitting and damaging a car with my silver mobility scooter and then verbally abusing a pregnant woman over the matter - the boyfriend of that woman came to my home and threatened to beat up my elderly parents and myself (hence my report to the police). When a police officer finally arrived he questioned my disability until I showed my council registered disabled card, he would not believe that I did not have a silver mobility scooter until I showed my red one and he refused to respond to the abusive party even when I pointed out the car in question and the house where that person lived!

So, yes! I do know how uncaring, dismissive and insensitive some police officers can seem or be.

I recognize the problem with inconsiderate, ignorant, abusive, neglectful, uncaring, dismissive, unsympathetic or just plain old arrogant police officers or anyone not affected by illness or a medical condition only too well (sadly). I was just trying to be reasonable in my posts and I meant no offense to anyone in particular.

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I am sorry if I made you feel that way. No offense taken. This is just a soft spot with me. I love reading your post because they are so fair.

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I have been waiting for over a year now to receive my licence back from the DVLA since advising them of my Ataxia. I have been told by my medical consultant that I am ok to drive. I rang the DVLA yesterday and was told my case had been referred three times to their medical officer! I don’t know what the problem is - have they not heard of Ataxia? I was told it was ok for me to continue driving until I hear from them so perhaps it would be best if I just keep on driving and never get my licence back from the DVLA!

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If they said it was OK. I would do it. Yea if the doctor says you can drive. A person should be able to!

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I have to agree that most people assume ataxia sufferers are drunk. When were were younger (late 20’s) my wife would very often be refused entry to clubs, or refused service in pubs because they assumed she was drunk. Having the situation explained always made them reconsider however. I am sure that the police can be less ‘understanding’ at times (you don’t need a degree or anything to be a copper, just saying!).

I would expect the DVLA to be a little better, but then again most bureaucracies, especially government departments, are almost entirely staffed by stubborn ignoramuses in my experience.

People must note that if they do not tell the DVLA of the condition, or indeed, any change to the condition, their license is automatically revoked, I believe. That may be a part of the reason they are doing this, and it would take some effort to turn that around. Back in our day (20 years ago), my wife got a ‘blue badge’ for disabled parking as well as no road tax, but the DVLA never asked about her condition, so her license was never revoked (I know she should have informed them). She started taking taxis anyway, as this was much cheaper and safer than keeping and driving a second car.

17

FYI, the National Ataxia Foundation (NAF) will provide those with ataxia a card to carry in your wallet or billfold, that says you have ataxia. I requested one at the last NAF conference, and am waiting for it to arrive. Ever since I was diagnosed with ataxia (ten years ago) I have carried a business card from my speech therapist, and she wrote the particulars of ataxia on the back. I will show this card if I ever get stopped by the police, as with my slurred speech I sound like I've been drinking alcohol, and my balance is so compromised, there's no way I could ever walk a straight line! I had never heard of ataxia before I was diagnosed, and I believe this is the case for the majority of people, including police officers. It saddens me that we have to go to such measures to protect ourselves, but unfortunately we do! ;o)

18

You shouldn't be carrying a Dr letter in the first place. It is the Law that if you have any neurological condition, that it must be reported to the DVLA. After they have assessed your condition you will either have your licence revoked or you will get a medical Licence for a period of 1-3 years. If she had not reported her Ataxia to the DVLA then of course they will revoke her Licence.

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Robert I never heard of that in the States. I would think my doctor would tell me. She asks about my driving.

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Sorry I was just talking about the Uk. Don't know the US Laws.