Reckless driving charge

clark3942

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clark3942
I'm looking for some clarification on the situation I'm in and what I need to do as I haven't found an exact answer yet. I was recently arrested for DUI (biggest mistake of my life and I have more than learned my lesson) but was only convicted of reckless driving. My license was suspended in the state this occurred in for 6 months, but because it was out of state for me, my drivers license hasn't been taken away yet, I just can't drive in that state. I currently have a student pilots certificate but will likely be going for my private license soon. So my questions are: do I need to report this to the FAA within 60 days? There was a DUI arrest but only a reckless driving conviction (class B misdemeanor) and I'm only a student pilot, not a pilots license holder. Secondly: will any of this get in the way of applying for a private license? The suspension is for 6 months but my home state hasn't done anything about it so I can still drive in all other 49 states, does this count as a "suspended" license if its only that one state? My understanding was that you can't go for a license if your drivers license is suspended, but I'm not sure if this counts or if my license actually needs to be taken away.
 
Your understandings are full of holes.

First off, the fact you have a student pilot doesn't get you out of anything. The rules say a "certificate issued under this part" which includes pilot (including student) certificates and medical certificates.

Second, 61.15(c)(2) is pretty clear that even if you were suspended for a "wet reckless," you must report. Even if you weren't convicted.

If you obey all the rules it won't prohibit you getting a PILOT CERTIFICATE. However, you may be in for some fun when you try to obtain/renew your medical certificate. How much depends on the circumstances of your charges: did you have a BAC test? What was it?
 
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Your understandings are full of holes.

First off, the fact you have a student pilot doesn't get you out of anything. The rules say a "certificate issued under this part" which includes pilot certificates and medical certificates.

Second, 61.15(c)(2) is pretty clear that even if you were suspended for a "wet reckless," you must report. Even if you weren't convicted.

If you obey all the rules it won't prohibit you getting a PILOT CERTIFICATE. However, you may be in for some fun when you try to obtain/renew your medical certificate. How much depends on the circumstances of your charges: did you have a BAC test? What was it?

yep ... what he said!
 
Okay thank you for the reply and sorry for all the holes I’m very new to flying and am not familiar with all of this. BAC was 0.11
 
From reading your post it appears you do not have a full understanding of the legal proceedings you were involved. You really need to consult an aviation attorney.

61.15 requires you to report both conviction and suspensions arising out of a DUI violation. What they are addressing here is a situation when the suspect refuses a chemical rest and is found not guilty, but receives an implied consent suspension plus all convictions of DUI.

If your suspension is solely for reckless operation, there is no requirement to report under 61.15. But without a professional review of the court record, none of us can advise you.
 
From reading your post it appears you do not have a full understanding of the legal proceedings you were involved. You really need to consult an aviation attorney...
As has been said: arrested for DUI: that’s required to be reported. Doesn’t matter if pleaded down to a wet reckless.

Will a criminal background search show any other alcohol related events? How about the certified DMV search in all states in which you have had licensure. This is omportant because this one questions determines how this will go.....even a minor in possession....
 
Thanks for all the comments and help. I just sent out the notifying letter to the FAA today. I have had no other history or alcohol related offenses
 
As has been said: arrested for DUI: that’s required to be reported. Doesn’t matter if pleaded down to a wet reckless.

Will a criminal background search show any other alcohol related events? How about the certified DMV search in all states in which you have had licensure. This is omportant because this one questions determines how this will go.....even a minor in possession....

Sorry Doc, but you are not correct. 61.15 requires FAA notification within 60 calendar days of the effective date of an alcohol and/or drug related conviction or administrative action. Likewise reporting is required on the medical form.

Without having the court and BMV record there no way to determine if the suspension is alcohol related. Example: Your state has a point system suspension system. You have the maximum points and charged with speed and DUI. A jury finds you not guilty of DUI and guilty of speeding. The BMV suspends your license for the points. This is not a reportable alcohol offense.

Take the same scenario, but you refused the chemical test and received an
Implied consent suspension.. this becomes a required report. Some states that have an automatic 3 day suspension up a prohibited BAC (administrative action prior to court appearance) that makes this reportable.

The driving records search will disclose any charges of DUI, any administrative suspensions, and any DUI convictions.

What this person does or doesn’t have to report cannot be answered without the records and knowledge of the laws of the state the violation occurred..
 
If you were arrested for DUI and convicted of something else, the FAA will see through the ruse and expect the reports. You try weaseling your way around the reg and you risk losing all your certificates. The FAA is serious about this, and understand that your certificate actions won't see any independent due process until at least two rounds with (ahem) administrative actions. Even then, the Federal Court will defer to the FAA's interpretation of their own regulations.
 
Dean, he said “I was arrested for DUI...my license was suspended in that state...” .....sure sounds like a DL suspension to me, and by THAT state. It’s just a lack of automated state to Fed reporting. I just love how pilots dance on the head of a pin and then howl when the get the 90 or 180 (if FAA finds out first) suspension of their pilot certificates...and if they think the omission was willful....revocation.

He’ll have to face the music anyhow at his next medical...and when they discover the other state suspension (they will demand that state’s paperwork) and find it unreported, 180 day suspension is about minimal.

I would not be encouraging him to “dance on the head of a pin” based on the advice of ”SGOTI”. The paperwork will reflect “loss of Privileges” in that state, which pretty clearly is a DL suspension. And noncompliance with 61.15, will unreported over several years.....that is revocation.

Now at next medical, I suppose he could falsify that states’ documents.....oh, but aren’t the 4 Delta guys teaching us, that that is the end? Now they’re talking club FED.
 
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