bbchien
Touchdown! Greaser!
No, not for this thing. The OP contacted me today. He'll be allriglht.The take-away is that it really is "one strike, you're out". For this and many other things.
No, not for this thing. The OP contacted me today. He'll be allriglht.The take-away is that it really is "one strike, you're out". For this and many other things.
No, not for this thing. The OP contacted me today. He'll be allriglht.
If the one strike is the failure to disclose, I'd agree. If the one strike is the arrest, I would not. Bruce can explain further.The take-away is that it really is "one strike, you're out". For this and many other things.
No, not for this thing. The OP contacted me today. He'll be allriglht.
Nah. I am just so DONE with, "I don't think it means this. I can't mean this. If I keep wishing it so it must be so".If the one strike is the failure to disclose, I'd agree. If the one strike is the arrest, I would not. Bruce can explain further.
No, not for this thing. The OP contacted me today. He'll be allriglht.
I was a cop 32 years. Never heard of a "recinded arrest". If you were not free to go at the time of the traffic stop, you were under arrest bud.
The question on the 8500-8 doesn't differentiate. If you were ever in your life arrested for a driving offense involving drugs or alcohol, you must check "yes." Then you explain it below. If the facts are that you weren't doing anything wrong, the FAA will let it go. However, if you fail to report the arrest, you've just violated both 14 CFR 61.59 and 18 USC 1001. If you think there's a legal reason you can check "no" despite having been so arrested, regardless of the ultimate outcome, get an aviation attorney involved to discuss that with the Regional Counsel before you sign and submit the application.Doesn't make the arrest legal though. I was arrested once for running across the street in San Diego, cop tackled me and had a gun to the back of my head, he accused me of robbing the (closed) liquor store across the street. He took me to jail, the guy at intake said "are you crazy? I can't take him, you better take him home. The next day my conversation with his captain killed his career.
Doesn't make the arrest legal though. I was arrested once for running across the street in San Diego, cop tackled me and had a gun to the back of my head, he accused me of robbing the (closed) liquor store across the street. He took me to jail, the guy at intake said "are you crazy? I can't take him, you better take him home. The next day my conversation with his captain killed his career.
Blowing a 0.079 or below will not save you from a DUI/DWI if you are slurring speech, stumbling, etc.
If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith
Perhaps the FAA should fix it up like the SF86 (security clearance application) and say "Report arrests even if someone told you that you didn't need to report it" or something to that effect.
The take-away is that it really is "one strike, you're out". For this and many other things.
NO, NO, NO, NO, NO!! This thinking is what leads people into lying. One DUI is not by itself disqualifying. It's when you lie by failing to disclose that they revoke.
. . . . unless you mean lying is the one strike. In which case you are correct. I just wanted to emphasize the above point though. :wink2:
Just FYI on this...I have been a police officer. The number you blow is not really all that important. The 0.08 limit in force in most states is the level of PRESUMED impairment. You can be arrested and convicted at 0.000000001 if the officer can document (usually through field sobriety tests like walking a straight line or saying your ABCs, and dashcam video) that you were impaired at the time of the stop.
Blowing a 0.079 or below will not save you from a DUI/DWI if you are slurring speech, stumbling, etc. At 0.80 you are presumed impaired and are going for a ride, below that it's completely the officer's discretion. The safest policy is not to drive if you have been drinking at all.
Hope they have changed it to Previously Reported, No Change but who knows.
Cheers
Nope, it's still pretty much the same. They've moved from paper to filling out a PDF to some web based submittal (which looks for all the world like the same dumbass programmer who wrote Medexpress wrote it).
Am I the only that sees a problem with this logic? We have a legal system with judges and juries to determine quilt or innocence. If you have an arrest and are acquitted or charges dropped, someone in the government can still have a hammer over your head? The FAA should have no right to draw any conclusions or take any actions from a mere arrest.Because the FAA knows from experience that people with a drinking problem are greater risks for aviation accidents, and that often people with a drinking problem get arrested for alcohol-related driving offenses but through legal chicanery manage to avoid having an alcohol-related conviction enter their record -- Randy Babbitt is a good example. The FAA wants to keep people like that out of the cockpit, and they do so by requiring them to report such arrests on their medical application so the FAA can look into their situation and decide whether the arrest was BS or a sign of a serious medical problem (alcohol abuse).
Too bad.Am I the only that sees a problem with this logic? We have a legal system with judges and juries to determine quilt or innocence. If you have an arrest and are acquitted or charges dropped, someone in the government can still have a hammer over your head? The FAA should have no right to draw any conclusions or take any actions from a mere arrest.
Am I the only that sees a problem with this logic? We have a legal system with judges and juries to determine quilt or innocence. If you have an arrest and are acquitted or charges dropped, someone in the government can still have a hammer over your head? The FAA should have no right to draw any conclusions or take any actions from a mere arrest.
You're confusing criminal law with administrative law.Am I the only that sees a problem with this logic? We have a legal system with judges and juries to determine quilt or innocence. If you have an arrest and are acquitted or charges dropped, someone in the government can still have a hammer over your head? The FAA should have no right to draw any conclusions or take any actions from a mere arrest.
OK, you go try it, and let me know how that works out for you.I'm not confusing anything. The US Supreme Court has already made clear that driving an automobile is a common right not a privilege. If the FAA denied or revoked a certificate based on an arrest with no conviction, it would not survive a legal challenge.
Am I the only that sees a problem with this logic? We have a legal system with judges and juries to determine quilt or innocence. If you have an arrest and are acquitted or charges dropped, someone in the government can still have a hammer over your head? The FAA should have no right to draw any conclusions or take any actions from a mere arrest.
The denial would not be on the basis of the arrest, but rather on the basis of the medical condition of which driving while intoxicated is a symptom, and it will survive any challange you mount. In any event, the issue of whether piloting an airplane is a right or a privilege went to the Supreme Court a long time ago, and the result was in favor of the FAA, not the pilot claiming it was a "right." Read Gesell's "Aviation and the Law" from Coast Aire Press to learn about this subject.I'm not confusing anything. The US Supreme Court has already made clear that driving an automobile is a common right not a privilege. If the FAA denied or revoked a certificate based on an arrest with no conviction, it would not survive a legal challenge.
It sure would. And has. Your attitude common, but is sadly misinformed.I'm not confusing anything. The US Supreme Court has already made clear that driving an automobile is a common right not a privilege. If the FAA denied or revoked a certificate based on an arrest with no conviction, it would not survive a legal challenge.
It sure would. And has. Your attitude common, but is sadly misinformed.
The granting/revocation of a medical certificate is on the "best expert advise" and is delegated by Congress to the Federal Air Surgeon.
Why don't you try it out, and report the outcome?
BCampbell is right. Look up his posts.
I know of no case of a medical being denied or revoked merely because of a DUI arrest that did not result in a conviction. I'm sure, however, that the FAA has cases where a medical was denied due to an alcohol problem first evidenced by such an arrest, and that none of them were successfully challenged merely on the basis that there was no conviction subsequent to the arrest. Bruce no doubt can confirm this.So there is a case where a medical was denied/revoked for a DUI arrest but no conviction and survived a legal challenge?
I asked more or less the same thing a day or two ago and no one has responded with a reason.
Who knows, I have a year to go before my next renewal, but they could change the form and ask if I've had any impure thoughts.
Then it would be something out of an old Frank Zappa album. Or an Orwell novel.
I have explained this many many times.So there is a case where a medical was denied/revoked for a DUI arrest but no conviction and survived a legal challenge?
Just more evidence that an ignorant man hears but what he wishes to hear. ALL the above explaining. Why do I even bother?I'm going to stop posting here. I have nothing in common with the people who dominate this forum. I suggest you stop also, something may happen to your brain after making thousands of posts.
AND to Burt M I did explain, and it was 2 years ago, and it's in this string, start reading around post 90. http://www.pilotsofamerica.com/forum/showthread.php?t=34318&page=5 Feb of 2010 was more than 2 years ago. All you guys who have made up your minds - just never get an alcohol arrest, okay?BurtM said:Why does FAA care if someone has been arrested for DWI, or any other crime for that matter? It makes sense if someone is arrested and convicted for DWI - that could signify a problem that affects public safety, especially if it occurs more than once. Is it just because it's a bad government form modeled after a typical employment application, or is it a way for them to use the "good character" clause to boot someone that has some number of arrests but no convictions?
When someone is going to put you in a position of trust (and yes, that's what the FAA is doing when they grant you a pilot certificate, or what an agency does when they grant you a security clearance), they want to have a reasonable expectation they can trust you.
My wife is very ill going through treatments and I have several young children. My social life was lacking at best due to taking care of my family and working 2 jobs flying and A/C maintenance.
OK, more circumstantial BS that the rest of us go through every day...My best friend's brother ( also a good friend) had been working out of town for 4 months and wanted to get together for a social hour with his brother and me. We met at a restaurant at 5:30 we all drink different beers (bud, bud light , miller lite).
Five letter word starting with P comes to mind...I bought a bucket of beer (6 beers)
Your story is a complete fabrication, because anyone flying for a living for 40 years like you claim would have a management plan.Now it is time for 1st class med. DO I report? If med deferred Job goes away, Job goes away insurance goes away, Insurance goes away wife cannot get treatment and DIES due to my 2 hours out with friends. This is not a sob story this is the truth, NEVER been in trouble before in my +40 years
You're full of crap. If you were truly working as a professional pilot, you would know there are much better resources than an internet board to cleanse your tainted soul. As the Catholic padres say, may God be with you.I have high moral values and good character can you see why I may not want to disclose this. My Driving record is clear in the state I got the ticket and in the state I live in with a clean NDR
The reason the FAA wants to know about things like this is because one mistake like that isn't that big a deal, but if you make a habit of it, it could be a sign of a larger medical problem.Fast forward, calibration of machine showed it read high .005 so now really I blew a .084. Hired an attorney who I told these events to and said I have a good case for "Rising BAC" he explained it. We then hired a toxicologist and SCIENTIFICALLY he was able to prove my BAC at time of STOP. My BAC was approx .068- .070 ( i do not have the exact # in front of me)
You might want to check that with a legal authority because I do not believe it is true.Some other information that may educate the next person: Say you live in New Jersey and get your DUI in the Big Apple. NY suspends your PRIVILEGE to drive in the state that is not a suspension you have to report under 61.15
Good luck with that. I still think you need competent legal assistance.I did call the security and the medical division to ask if anything was on my record. The security division is the ones who run the NDR for the med they both come back clean.