Public display of the consumption of Alcohol?

[Anonymous Pilot]

Hi All,

So I was just given a "citation A" ticket for having a beer on the river during the 4th of July weekend at a Texas state park. I am originally from California and there you are allowed to consume alcohol at a state park. Appently in Texas you need in your tent, or RV. This was new news to me. Anyways, I was obviously not in or close to a motorized vechile and was just minding my own business until the officer wrote me up. I don't have to go to court at all, I just have to pay a fine and be done with it . Under 14 CFR 61.15 do I have to report this to the FAA ? Any response would be greatly appreciated, thanks!

 

[bbchien]

Was your DL suspended, and did you go to a Driver's education course?
This should not be an issue and is not subject to vote. Howver, if you subsequently do a REAL DUI, this will become the "second data point" toward "FAA defined abuse behavior" when the situation is examined (future), subject to "reporting requirements"

 

[Rushie]

I'm not a lawyer or an AME so don't do anything based on my answer but the way I interpret form 8500-8 is the answer is no, because it asks two things:

18 v.
1.) arrest or conviction of offense involving driving while intoxicated - well the answer to that is no because you were nowhere near a car
2.) arrest, conviction or ADMINISTRATIVE ACTION involving blah blah blah that resulted in DL suspension or attendance at educational program - This is why Bruce asked those questions, I think that ticket would be considered an administrative action, however it sounds like it did not result in those things listed, therefore it sounds to me like you can answer "no" to that question.

Unless, 18 w.: History of nontraffic conviction misdemeanor or felony applies, but I don't think a "ticket" is a "conviction", unless a lawyer corrects me?

Of course, up under 18 o. it asks if you have ever or presently have, alcohol dependence or abuse, and if that one beer is actually a pattern of too many beers too often then you must answer yes to that question. But I would think the ticket part would be a "no".

 

[SCCutler]

Think of it as an opportunity to heighten your awareness of possible unexpected occurrences.

A little extra attention to things like this is a small burden in relation to the remarkable privilege of flight.

 

[Anonymous Pilot]

I'm not a lawyer or an AME so don't do anything based on my answer but the way I interpret form 8500-8 is the answer is no, because it asks two things:

18 v.
1.) arrest or conviction of offense involving driving while intoxicated - well the answer to that is no because you were nowhere near a car
2.) arrest, conviction or ADMINISTRATIVE ACTION involving blah blah blah that resulted in DL suspension or attendance at educational program - This is why Bruce asked those questions, I think that ticket would be considered an administrative action, however it sounds like it did not result in those things listed, therefore it sounds to me like you can answer "no" to that question.

Unless, 18 w.: History of nontraffic conviction misdemeanor or felony applies, but I don't think a "ticket" is a "conviction", unless a lawyer corrects me?

Of course, up under 18 o. it asks if you have ever or presently have, alcohol dependence or abuse, and if that one beer is actually a pattern of too many beers too often then you must answer yes to that question. But I would think the ticket part would be a "no".

 

[Anonymous Pilot]

Thank you all for your responses. I am going to talk with an aviation lawyer just to make sure . I will post what he/she has to say about this matter.

 

[flyingron]

A ticket that you pay IS A CONVICTION. You are agreeing to being found guilty by paying it. A ticket you take to court and lose is also a conviction.

Unless this was a local ordiance violation, it needs to be reported. Alcohol violations are all at least class C misdemeanors in Texas.

 

[Rushie]

A ticket that you pay IS A CONVICTION. You are agreeing to being found guilty by paying it. A ticket you take to court and lose is also a conviction.

In that case it would be worth going to court and trying to get it thrown out I suppose. Probably not likely he will win though if ignorance of the law is no excuse.

 

[lbfjrmd]

happens alot here at our beach. It is a grey area. i am usually by the book ... but one could look the other way on this one.

 

[Anonymous Pilot]

Was your DL suspended, and did you go to a Driver's education course?
This should not be an issue and is not subject to vote. Howver, if you subsequently do a REAL DUI, this will become the "second data point" toward "FAA defined abuse behavior" when the situation is examined (future), subject to "reporting requirements"

Thank you for your response. This is my first time ever being in trouble with the law. I have a clean driving. Just for clarification state no on my next upcoming medical on 18w and don't report to the FAA , correct ?

 

[Anonymous Pilot]

https://www.aopa.org/go-fly/medical...use/alcohol-and-drug-reporting-misconceptions

Under AOPA guidelines, this is not something I should report under 61.15 or 18w

 

[Rushie]

https://www.aopa.org/go-fly/medical...use/alcohol-and-drug-reporting-misconceptions

Under AOPA guidelines, this is not something I should report under 61.15 or 18w

As far as I can see all of that relates to motor vehicles or being involved in illegal drugs. I don't see anything there addressing a ticket such as you got. If I were in your shoes I too would be completely confused whether it should be reported and I would want to consult an attorney but it would have to be a good aviation attorney as apparently attorneys in general get it wrong according to that article. I'm betting if you don't report it nothing will come of it as long as you fly accident free. But I don't know if the FAA and or the insurance company will dig it up post accident and use it against your estate. By rights it shouldn't if your postmortem toxicology is clean but we all know the law has little to do with what is right and wrong.

If it was me I would either take a yes or no from Bruce or go back to your idea of asking an aviation attorney or both. But I'm one who really over thinks things. I'm guessing from all the "no" responses to the poll most would check "no" and move on. Sorry I'm not much help.

 

[lowtimer]

I would have a local lawyer see if could be plea bargained to a civil infraction if this is indeed a misdemeanor ticket. The local court will probably be happy to collect your money and move on.