Wx_Pilot
Filing Flight Plan
Hello everyone,
Back when I was a foolish 18/19 year old, I made bad decisions that I would have to live with for the rest of my life. I was arrested for the following:
1. Minor in Possession of alcohol
2. DWI
3. Possession of marijuana.......\ (3 and 4) were from the same incident
4. possession of paraphernalia../
5. Tresspassing
I made mistakes. I paid my dues. I am now and have been for over a decade, a responsible member of society and a professional pilot.
Anyways, my lawyer at the time had these charges put into closed records. In Missouri, the Sunshine Act prevent non-law enforcement and non-judge public servants from being able to see these records. The Missouri state law even says that if anyone treats me as though these charges took place it is a Class A misdemeanor for them.
Then on 29JAN2004 I was arrested for excessive BAC (0.82), which remains in public record.
So, I got my first medical in 2004 and I consulted a traffic lawyer about what needed to be disclosed to who. I was told then to disclose only the 2004 excess BAC as the rest was put into closed records and nobody could have access to those.
Life went on.
I worked my way through the ranks of ratings and am now a Commercial Pilot (IFR, SEL, MEL) and Certified Flight Instructor (CFI, CFI-I, MEI-I) with 1500+hrs of flight time, 500+MEL, 230+ERJ145, and I run a business that does aerial photography. I have never failed an aviation written test. Never failed a checkride. Never violated an FAR. I also have not touched alcohol at all.
It has been 10.5yrs since my first medical with no further criminal convictions/charges/blemishes on my record.
However, it came to my attention that I had been misinformed about what should have been reported on my 8500-8 and 8710-1 forms this entire time.
I contacted an aviation attorney to weigh my options in order to proceed with disclosing these additional items from almost 16yrs ago without losing my medical or certificates.
I was advised to write a letter to the FAA disclosing the additional items and then give the FAA some time to respond. So I obliged. After 6 months of no response, I decided to consult with my regular flight physician of 10yrs. He called in a favor to OKC and we were told to contact the regional FSDO and go from there.
Turns out, they had my letter the entire time but "forgot" to respond. So when I contacted the local FSDO I explained that I was a punk at one point but grew up and I am now responsible and that I make good decisions and have overcome my past.
I was told that while this may be true, I can not prove this to the FAA. They spoke with the regional Fed Air Surg. and I was told a HIMS eval was in order.
I called the FAA again today and threw myself at their feet saying "I am at the mercy of the FAA at this point". They told me that if I wanted to continue flying I would comply with the HIMS eval. I told them there is no way I can afford that....I went on a rant about how I despise drunkards (I have had to family members and one close friend killed by drunk drivers and have 0 tolerance, sympathy, or remorse for them, their actions, or their consequences) and that I have not had a drop of alcohol in over 10 years. I do not drink anymore. Period.
They told me that maybe, just maybe, the FAS would allow me to show letters of reference from people that can attest to my abstinence for the last two years and that maybe I could go through a substance abuse evaluation rather than HIMS.
When I stupidly got the 2004 e.BAC, I did attended SATOP (Substance Abuse Traffic Offenders Program) and then had to submit to UA's for the next two years during probation.
What are my options?
I hear Dr. Bruce is the man on here?
Any good, professional, experience advise would be much appreciated. I know a lot of you will have your own opinions but I would prefer to keep this to factual options and/or resolutions.
Thanks for any and all responses.
Respectfully,
Caleb
Back when I was a foolish 18/19 year old, I made bad decisions that I would have to live with for the rest of my life. I was arrested for the following:
1. Minor in Possession of alcohol
2. DWI
3. Possession of marijuana.......\ (3 and 4) were from the same incident
4. possession of paraphernalia../
5. Tresspassing
I made mistakes. I paid my dues. I am now and have been for over a decade, a responsible member of society and a professional pilot.
Anyways, my lawyer at the time had these charges put into closed records. In Missouri, the Sunshine Act prevent non-law enforcement and non-judge public servants from being able to see these records. The Missouri state law even says that if anyone treats me as though these charges took place it is a Class A misdemeanor for them.
Then on 29JAN2004 I was arrested for excessive BAC (0.82), which remains in public record.
So, I got my first medical in 2004 and I consulted a traffic lawyer about what needed to be disclosed to who. I was told then to disclose only the 2004 excess BAC as the rest was put into closed records and nobody could have access to those.
Life went on.
I worked my way through the ranks of ratings and am now a Commercial Pilot (IFR, SEL, MEL) and Certified Flight Instructor (CFI, CFI-I, MEI-I) with 1500+hrs of flight time, 500+MEL, 230+ERJ145, and I run a business that does aerial photography. I have never failed an aviation written test. Never failed a checkride. Never violated an FAR. I also have not touched alcohol at all.
It has been 10.5yrs since my first medical with no further criminal convictions/charges/blemishes on my record.
However, it came to my attention that I had been misinformed about what should have been reported on my 8500-8 and 8710-1 forms this entire time.
I contacted an aviation attorney to weigh my options in order to proceed with disclosing these additional items from almost 16yrs ago without losing my medical or certificates.
I was advised to write a letter to the FAA disclosing the additional items and then give the FAA some time to respond. So I obliged. After 6 months of no response, I decided to consult with my regular flight physician of 10yrs. He called in a favor to OKC and we were told to contact the regional FSDO and go from there.
Turns out, they had my letter the entire time but "forgot" to respond. So when I contacted the local FSDO I explained that I was a punk at one point but grew up and I am now responsible and that I make good decisions and have overcome my past.
I was told that while this may be true, I can not prove this to the FAA. They spoke with the regional Fed Air Surg. and I was told a HIMS eval was in order.
I called the FAA again today and threw myself at their feet saying "I am at the mercy of the FAA at this point". They told me that if I wanted to continue flying I would comply with the HIMS eval. I told them there is no way I can afford that....I went on a rant about how I despise drunkards (I have had to family members and one close friend killed by drunk drivers and have 0 tolerance, sympathy, or remorse for them, their actions, or their consequences) and that I have not had a drop of alcohol in over 10 years. I do not drink anymore. Period.
They told me that maybe, just maybe, the FAS would allow me to show letters of reference from people that can attest to my abstinence for the last two years and that maybe I could go through a substance abuse evaluation rather than HIMS.
When I stupidly got the 2004 e.BAC, I did attended SATOP (Substance Abuse Traffic Offenders Program) and then had to submit to UA's for the next two years during probation.
What are my options?
I hear Dr. Bruce is the man on here?
Any good, professional, experience advise would be much appreciated. I know a lot of you will have your own opinions but I would prefer to keep this to factual options and/or resolutions.
Thanks for any and all responses.
Respectfully,
Caleb
Last edited: