OP here... look I am not trying to be beligerent. Trust me when I say I am listening to the advice. The useful stuff not exactly the ridicule. I am only trying to understand. Everyone on here seems to have there own opinions. Aside from whatever you believe to be the case regarding the incident, the case was dismissed because I was never served the citation properly. I was either served or I wasnt; the judge said I wasnt. As I said in my OP, I filled out the 8500 as honestly as possible. I even put a charge on there that I recieved when I was 12 years old. I am not trying to hide anything. As a member of the federal government, I know the implications of doing such. I was not admitted to the hosptial only ER visit so i checked no for that as well, however I did put that I had seen an occupational therapist for my arm, due to the accident. I am not trying to fool or manipulate anyone or anything, only answering the questions as they are asked. I honestly believed that I had not been arrested. I wasnt detained, etc etc. My lawyer said (after the hearing that lasted ten mintutes that I did not attend) that in any case like this its required to have FP/photos done, so I went and took care of it myself at will, no police escort, nothing. I was not until AFTER I submitted the form that I ran a background check and found that apparently I was arrested.
So the question is this, aside from what you think is the case, yes I understand that on the BG check it says ARREST. Im not denying that much. So, do I wait until the 8500 expires and try again? Or is following through with my scheduled appt(The AME is also my primary care physician so he has access to all my medical records including that night, so there will be no 'hiding' as some of you think I am trying to do) and just tell him that I think I made a clerical error on the form and here's why. Once he has the confirmation code, cant he go it and edit and make changes? I AM trying to be honest, all I wanted to know was the best way to go about it. Wait, or discuss it with my doctor at the physical.
Not bad. We're getting there. There are two issues here - the first is legal. If you read one of my first posts on this thread you, the op, and anyone else reading it that I came at it first from the legal persective.
You had my legal thoughts around addressing the issue - once the OP said the documentation said arrest- then thats it. It does not matter to me or the FAA that under some technical legal reading you may not have been formally arrested. The BG says arrest. END. Unless that record gets changed - you were.
Now - the second issue is the medical issue. Lets assume our OP was out drinking with friends at a bar/restaurant - I am not a Doc but I am old enough, experienced enough and educated enough to arrive at some analysis:
1. Imbibed to the point he had no clue what he was doing - drove his car and got into an accident. This is a definition of binge drinking now. Again - the FAA Aeromedical - it was binge drinking. There will be an examination of that.
2. Was a passenger in his car driven by someone else who left the scene before the police arrived - leaving the OP there. Was the blood on the driver seat belt his? If not - then this becomes a reasonable explanatipn - where he was too drunk to drive - someone else drove him - he sobered up enough to know where he was, but not the intervening period. Again - we have an alcohol issue the FAA might be interested in and with enough developed facts, can demonstrate he made a good decision and was not the driver- again - money to get facts on blood typing etc.
3. His friends or someone else drugged him. This is demonstrated in a tox screen. This will require, once again, facts we do not have .
4. He drank - his blacked out - he got into a wreck.
Significant Aeromedical implications. This is the most serious situation.
5. Unconsciousness of unknown etiology. Disqualifying until a significant work up.
If the etoh test at the hospital 4 hours later shows .05 or above - you can easily conclude that 4 hours earlier he was 0.10 or above - regardless of weight.
Your aviation attorney will tell you to NOT process that medical application. And spend the next 60 days getting lots of documents.
Next - if the 7 day alcohol evaluation was in-patient - that will require some pretty serious 'splaining.
Does that pretty much sum it up for everyone?
