1st Class med question

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User1255

Filing Flight Plan
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User1255
Hoping to get some advice from some of the experienced AME's on the forum.

1st class med holder in their 20's.
Went out with some friends, night on the town, unfamiliar city, drinking was involved.
Walking back to hotel late at night, accidentally walked through a police parking lot trying to find my way home and police saw it.

Got a ticket for public intox(administrative citation) and charged for entering "restricted police area".

The public intox was the equivalent to a traffic citation(NOT a misdemeanor), paid the fine, and no further action was required, no alcohol courses or rehab.

Entering restricted police area, this is a misdemeanor but the charges were dropped with a "nolle prosse" decision.

No breathalyzer, absolutely no vehicles involved whatsoever.

Is this reportable on next medxpress? When I read the form exactly for what it's asking, I believe no. However, I want to be honest and ensure I am answering correctly and not trying to deceive or bend around any regs.

Thanks!
 
Item 18n requires disclosure of substance abuse in the last 2 years. Sounds like you abused a substance (alcohol).

One of the house AMEs will likely chime in soon.
 
User1255 said:
When I read the form exactly for what it's asking, I believe no. However, I want to be honest and ensure I am answering correctly and not trying to deceive or bend around any regs.
Click to expand...
Honesty requires your answering the questions exactly how they are written.
 
Last edited:
Half Fast said:
Item 18n requires disclosure of substance abuse in the last 2 years. Sounds like you abused a substance (alcohol).

One of the house AMEs will likely chime in soon.
Click to expand...
The Medxpress instructions include the relevant definition of "substance abuse," which is not synonymous with "getting drunk."
 
Sounds like you narrowly missed being required to report it anywhere.
Q18v revolves around driving. Smart decision not to drive. By not driving, sounds like Q18v is not applicable for you.
Q18w revolves around (non-traffic) misdemeanor and felony convictions. Which also you state you narrowly avoided although sounds like that was pure luck.

Questions 18n & 18o also sound like they are not applicable to you.

My non-professional opinion is you skirted the edge, were smart about not driving and got lucky on the rest.

Question 18n
22.1 n. Substance dependence or failed a drug test ever; or substance abuse
or use of illegal substance in the last 2 years.
For example: Select Yes if you have been diagnosed and/or treated in an inpatient or
outpatient setting for substance use. Select Yes if you ever had a diagnosis of substance
use disorder. Select Yes for any and all positive drug tests whether administered at the
federal, state, or local level, or by a private employer. For a detailed description of
substance, substance dependence, substance abuse, and drug and alcohol testing, refer to
14 CFR §67.107, §67.207, and §67.307, paragraphs (a)(4) and (b).
Click to expand...

Question 18o
o. Alcohol dependence or abuse
For example: Select Yes if you have been diagnosed and/or treated in an inpatient or
outpatient setting for misuse of alcohol. Select Yes if you ever had a diagnosis of alcohol
use disorder. Select Yes for any and all positive alcohol tests whether administered at the
federal, state, or local level, or by a private employer. For a detailed description of
substance, substance dependence, substance abuse, and drug and alcohol testing, refer to
14 CFR §67.107, §67.207, and §67.307, paragraphs (a)(4) and (b).
Click to expand...
 
Lindberg said:
The Medxpress instructions include the relevant definition of "substance abuse," which is not synonymous with "getting drunk."
Click to expand...


Agreed. But getting arrested for public intoxication could be construed as being an abuser.

The FAA assumes that when someone gets busted for DUI it’s not the first time they’ve driven while intoxicated. Do they make a similar assumption for someone who gets busted for walking through a restricted police area while sloshed?

I don’t know, but I can see how they might.
 
Clip4 said:
I tend to eat too much ice cream and put on weight. Does that count.
Click to expand...


Yes.

Surrender your medical certificate, your pilot certificate, and your birth certificate immediately and contact a HIMS weight-loss clinic.
 
Well, I consulted an aviation attorney and he advised me I have nothing to report. So that's one opinion, however, I would love to hear from some of the AME's on here.
 
User1255 said:
Well, I consulted an aviation attorney and he advised me I have nothing to report. So that's one opinion, however, I would love to hear from some of the AME's on here.
Click to expand...
I'm certain if you look hard enough, you can find someone who will tell you to report it. So if you want to report it, report it.
 
User1255 said:
Hoping to get some advice from some of the experienced AME's on the forum.

1st class med holder in their 20's.
Went out with some friends, night on the town, unfamiliar city, drinking was involved.
Walking back to hotel late at night, accidentally walked through a police parking lot trying to find my way home and police saw it.

Got a ticket for public intox(administrative citation) and charged for entering "restricted police area".

The public intox was the equivalent to a traffic citation(NOT a misdemeanor), paid the fine, and no further action was required, no alcohol courses or rehab.

Entering restricted police area, this is a misdemeanor but the charges were dropped with a "nolle prosse" decision.

No breathalyzer, absolutely no vehicles involved whatsoever.

Is this reportable on next medxpress? When I read the form exactly for what it's asking, I believe no. However, I want to be honest and ensure I am answering correctly and not trying to deceive or bend around any regs.

Thanks!
Click to expand...

I don’t understand why police would bother you, you are a tourist, spending money in their city. They should have offered you a ride home. This is what’s wrong with America.

Since you were not charged I wouldn’t bother reporting it. Paying a civil fine is nothing.
 
Was the parking lot actually restricted? If there were no gates and it was a public lot then what the police did was unlawful. Most police officers are very poorly trained and ignorant of the law. Hope this doesn’t cause any issues with the FAA for you. They like to go after people for the most ridiculous reasons.
 
He wasn't arrested he was written a ticket for an infraction the police wrote up a phony charge of walking through a restricted area the DA refused to prosecute. In the end he plead guilty to an infraction like paying a speeding ticket. Why would anyone need to report that.

I would say this was a close call I would keep the drinking down to 1 or 2 beers don't drive take a taxi or uber. Don't even ride in someone else's car if they are drinking you never know what can happen end up losing a medical over it.
 
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