Accidentally answered no to 18w on FAA medical… what now?

Michael T. Runyan said:
I am curious as to your thoughts on why? I agree as a general proposition, but in this case, I find it informative and worth noting that an attorney has confirmed something that others may have thought. I am sure others on this page will discount the legal advice the OP received.
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Because communications between a client and attorney are usually privileged, and by sharing them, you may be destroying that privilege.
 
Lindberg said:
Because communications between a client and attorney are usually privileged, and by sharing them, you may be destroying that privilege.
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They're privileged to protect the client, but if the client chooses to waive that privilege, it's his choice.
 
Dana said:
They're privileged to protect the client, but if the client chooses to waive that privilege, it's his choice.
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But did the client know that she was waiving privilege by disclosing the communication before doing so? It may often be a waiver all the same, but better if it was an informed and knowing one.
 
Lindberg said:
Because communications between a client and attorney are usually privileged, and by sharing them, you may be destroying that privilege.
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Understood. I am guessing that is not likely to be an issue here. In fact, I suspect that OP would use the opinion letter of counsel in his first response to any FAA inquiry. If more people would seek legal advice in these situations, I think they’d avoid a long trip down deferral lane. Don’t misunderstand me, I fully support full and complete disclosure on medical applications of the REQUIRED information. However, these forms, and their litany of instructions and guides require someone keen on interpreting the legal language to navigate them. I also agree that once someone finds themselves with a medical issue they are often, if not always, well served to have a senior HIMS AME in their corner, especially one that is an advocate of keeping pilots in the air.
 
Airlinepilot624 said:
Thank you all for reaching out,

So AOPA put me in touch with a law firm out of Florida and I got a 30 minute consultation with them through my AOPA membership.

I met with the lawyer via phone and he was great. I already had all the court documents, arrest, and judgements available for him so he was able to give me an official answer during our consultation.

So the answer is no to both 18v&w.

For 18w I had to get a letter from the court stating that the "city ordinance violation" was not a misdemeanor or a felony and he gave me a written letter stating that it is not reportable.

For 18v, I did not have a license suspended, there was no education program, etc. so NO it is not reportable.

It varies state by state but a city ordinance violation is just like a ticket and the department where I went to college arrest for every ordinance violation including noice complaints and littering. But even though it was an arrest it's not a misdemeanor.

This was a huge weight off my shoulders and I'm glad I'm still employed with my 121 carrier. I answered no because that how I interpreted it over the last medical but upon some reading and talking to a local lawyer it appeared any alcohol event needs to be reported, which is not the case.
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Did you ask your attorney about the 8710 form? I believe there is a question on there regarding substance abuse.
 
User1255 said:
Did you ask your attorney about the 8710 form? I believe there is a question on there regarding substance abuse.
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Not OP, and you make a good point. However, it looks like 8710 says the following:

O. Have you ever been convicted for violation of any Federal or State statutes relating to narcotic drugs, marijuana, or depressant or stimulant drugs or substances? Do not include alcohol offenses involving motor vehicle mode of transportation as those offenses are covered on the FAA Form 8500-8, Airman Medical Application Form. Yes No
 
Michael T. Runyan said:
Not OP, and you make a good point. However, it looks like 8710 says the following:

O. Have you ever been convicted for violation of any Federal or State statutes relating to narcotic drugs, marijuana, or depressant or stimulant drugs or substances? Do not include alcohol offenses involving motor vehicle mode of transportation as those offenses are covered on the FAA Form 8500-8, Airman Medical Application Form. Yes No
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Is alcohol not a depressant substance? Was he not convicted of a statute relating to a depressant substance? (Alcohol?)
 
User1255 said:
Is alcohol not a depressant substance? Was he not convicted of a statute relating to a depressant substance? (Alcohol?)
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He said that he was charged under a city ordinance, not a Federal or State statute.
 
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