Can i salvage my license

U

Unregistered

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I got my private pilot's license in 2005. I had kids and have been busy. I have not flown since my check ride in 2005. Nor have i tried to get a physical. I got a DWI in 2008 that i didn't know i needed to report. It isn't on my history since i passed diversion but I now have a felony charge for sale of marijuana pending. Since i was not a dealer i should be able to plead to misdemeanor possession. It's really a situation i regret but i just don't know what to do to ever get current, or to keep my license. Is there any hope at all? No plans for a career, just want to fly with my kids for recreation.
 
A better question is 'can you salvage your life'. I think that should be your priority first. Deal with this felony charge, if not for yourself at least for your kids. When that gets straightened out then worry about your pilot certificate.
 
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I agree with you. I have no desire to continue making stupid decisions. I have a great job and my kids were never affected. I just want to get any advise so i can begin fixing my mistakes. i got the license at 19 yrs old. I'm 23 and i hope someday i can fly again. I've already taken the right steps to reforming myself.
 
Unregistered said:
I agree with you. I have no desire to continue making stupid decisions. I have a great job and my kids were never affected. I just want to get any advise so i can begin fixing my mistakes. i got the license at 19 yrs old. I'm 23 and i hope someday i can fly again. I've already taken the right steps to reforming myself.
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I think you are much better off getting advice from an attorney who specializes in these kinds of situations than in some random people on a message board although my gut feeling is that it's not hopeless, as in forever. I agree with Scott, though, in that your life and family come before flying. Good luck!
 
Should i go ahead and file a letter of notification on the felony charge? even if its lowered to a misdemeanor?
 
Unregistered said:
Should i go ahead and file a letter of notification on the felony charge? even if its lowered to a misdemeanor?
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Talk to an aviation attorney before you do anything. But make the appointment tomorrow as you have multiple issues and potentially a ticking clock.

I don't understand how someone who has a good job and great family would want to risk it by getting a felony rap for drug dealing....
 
Unregistered said:
I have a great job and my kids were never affected.
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You got advise, so now I'm gonna focus on this:

A great job should mean you don't have to sell pot to make money. If you weren't selling pot to make money, then you're a user of pot (because you had it on you for some reason), and therefore your kids are affected.

You have the right attitude, which is great, but there's one last step you need to take to be ok, and that is admission. You have to admit to yourself (not us or anyone else) that you're putting your family at risk by making poor decisions. You have to admit that your great job is not panning out as you'd like (otherwise, you wouldn't take a risk like this for a few bucks).

Finally, you need to admit that you have a choice: either use drugs, or fly airplanes. There's no place for both in the United States. Even if you're not high when you're flying, the mere fact that you would break that law shows that you have a tendency to ignore rules that you don't think should apply to you, and that is a dangerous mindset to have as a pilot.

You can work through this, even if you have obstacles to clear with the FAA, but you have to be truthful, and you need an attorney to make sure you handle the situation properly.

But most of all - you need to know that both the DWI and the drug use/selling is putting your family in danger (either by losing their father or by being collateral damage). I hate to preach, but you need to know it. I've seen my fair share of people ruin their (and their kids) lives because they didn't think drugs were that big of a deal. And DWI has touched me personally, but I won't go into that, as I'm sure since your DWI happened over a year ago, you've already heard all of the stories.

Good luck.
 
Unregistered said:
I got my private pilot's license in 2005. I had kids and have been busy. I have not flown since my check ride in 2005. Nor have i tried to get a physical. I got a DWI in 2008 that i didn't know i needed to report. It isn't on my history since i passed diversion but I now have a felony charge for sale of marijuana pending. Since i was not a dealer i should be able to plead to misdemeanor possession. It's really a situation i regret but i just don't know what to do to ever get current, or to keep my license. Is there any hope at all? No plans for a career, just want to fly with my kids for recreation.
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Of course there is hope. I got my PP ticket in 1986, then twenty years flew by as I built my career. A year ago I hired a CFII, got current in ten hours, bought a complex airplane and fly all the time now; in fact, I am getting close to my IFR rating. The key thing here is that I built my career, which I think you need to do rather than worry about taking your kids flying just now. Get stable, get your head straight, you have more than enough time to get current again. Time heals a number of wounds, even with the FAA.

I am just going to say to take it easy--if you rush no good will come of it.
 
You're all right. I have isssues to deal with. I'm admitting myself to a drug program to straighten myself out. I am paying for an attorney to handle this case so I'm not sure I can afford a FAA attorney right yet. I'll look into finding an aviation lawyer and see what I can do. I will take your advice and stop making excuses. Once I've dealt with the problems at hand, then I'll worry about my license. If it doesn't work out, I have no one to blame but myself. My goal is to stay positive and do whAt I can to repair what I can and make a good life for my family.
 
This is less of a problem so long as you don't have a current medical. But the moment you apply again it will be a BIG problem.

I think you should report the DUI, and the charge (not conviction). The report goes to the Airman Security Division. If you report it before they find it, they tend to look less harshly upon it.

If they find it first, there is no attorney in the world that can help you retain your PVT ASEL. It be gone. I am soooo sorry for you. Work on keeping your kids first. You could lose custody.


Where do I send my Notification Letter (MS Word) ?
Send the letter to:
Federal Aviation Administration (FAA)
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to (405) 954-4989
 
Never mind the DUI -- what about the pot???

You have a lot of cleaning up to do. America is not the land of second chances like it once was. Good luck. Don't screw it up.
 
bbchien said:
This is less of a problem so long as you don't have a current medical. But the moment you apply again it will be a BIG problem.

I think you should report the DUI, and the charge (not conviction). The report goes to the Airman Security Division. If you report it before they find it, they tend to look less harshly upon it.

If they find it first, there is no attorney in the world that can help you retain your PVT ASEL. It be gone. I am soooo sorry for you. Work on keeping your kids first. You could lose custody.


Where do I send my Notification Letter (MS Word) ?
Send the letter to:
Federal Aviation Administration (FAA)
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to (405) 954-4989
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OK, so i have the form... can anyone help me in advising me how i should word the violations or what i should say in my statement? Should i consult an FAA attorney? Or do i send 2 separate letters (one per violation)? I'm sorry to be a bother but i just want to do this right.
 
I think if you are pointing it out to them, just do the best you can. Make sure you put a court document number on each occurence so that they canNOT say you didn't report the item.

Send it certified return receipt. EVEN if they demand your pilot certificate back, they won't do anything to prevent you from applying again in the future- and you already have the hours, all you will need is the 3 hr pre-exam CFI signoff. And the GREAT probability is that they send you a letter reading you the riot act, giving you instructions on what you will have to do (and you'll have to anyway, eventually) do to get your next MEDICAL certificate.

Dr. B.
 
I DO NOT have a current medical either. I had one in 2005 but it would've expired. Although, it might have still been active when I got the DWI. I was arrested at the beginning of March for 2 counts of felony distribution of marijuana. My lawyer shows that a friend got in trouble and had me find him some so he could turn me in and get a deal. Since i did not have a stock of it to sell and i was only a middle man (not to say its not a serious offense. I was stupid and I'm getting what i deserve), I should be able to plead to misdemeanors. That's why I wanted to wait. I'd rather tell them about misdemeanor convictions than felony charges. Is it better just to man up and tell them now?
 
What month was the medical....remember they're good for FIVE years. If it was less than five years, send the remaining medical certificate in WITH the letter, to take the heat off. Mention that you were not aware, as you were not flying, of the requriement to report.
 
Actually, stop what you are doing. Just, stop.

Get an aviation lawyer. Proceed as advised by a lawyer.
 
Personally in a matter like the OPs I'd take Bruce's advice over an aviation lawyer's advice. Lawyers are not always the answer.
 
I believe that Dr. Bruce is correct. The reason for the lawyer is to make sure that too much information is not included.

Report only what is required.
 
ClimbnSink said:
Personally in a matter like the OPs I'd take Bruce's advice over an aviation lawyer's advice. Lawyers are not always the answer.
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The one advantage the lawyers have is that they can negotiate with the FAA on a no-name basis. They can work out a deal with them before revealing names to the FAA, then that deal is binding, provided that the facts presented are as represented.

One of the most valuable tools in the lawyers toolbox is "attorney-client privilege", and this right is enjoyed by no other profession. Even doctors have to reveal the names of their patients if demanded, but judges (who coincidentally are also lawyers) will not force a lawyer to reveal their clients except under extreme circumstances (and I can't think of any such circumstances, but I never say never).
 
A lawyer can't stop the reporting requirement. Lawyers can make the problem worse, they get paid by making the process longer in 6 minute increments. Reporting into a nest of bureaucrats a simple letter will probably get the predicted response, a lawyer might get things bumped into FAA legal. Then you have lawyers with all the time in the world to make the lawyer on the OP's payroll dance. Plus a suspicion of worse conduct than reported. Take Bruce's advice.
 
JeffDG has it right. Since the OP is already in violation of 61.15, it's past the point of medical advice and has reached the point of requiring legal assistance. Reporting the DUI now is a guaranteed suspension, possibly revocation, for violation of 61.15(e). As for the drug issue, unless he received a "motor vehicle action" over it (and it sounds like it hasn't even gone to court yet), there is no requirement to report it until he goes for his next medical. All in all, at this point, he would be best served by obtaining competent aviation legal advice immediately, and not do anything else before obtaining that advice.
 
Plus, I don't want Doc Bruce inadvertently dragged into this issue. This guy has made enough mistakes -- I wouldn't want the Doc's good name involved in any way.

Lawyer up, bro.
 
ClimbnSink said:
Lawyers can make the problem worse
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Lawyers can advise you or they can represent you or both. In this case, I would run the information past a lawyer to make sure I was providing the required information while not disclosing more than necessary or prudent. I don't think representation is appropriate at this point, only advice.
 
Ron Levy said:
JeffDG has it right. Since the OP is already in violation of 61.15, it's past the point of medical advice and has reached the point of requiring legal assistance. Reporting the DUI now is a guaranteed suspension, possibly revocation, for violation of 61.15(e). As for the drug issue, unless he received a "motor vehicle action" over it (and it sounds like it hasn't even gone to court yet), there is no requirement to report it until he goes for his next medical. All in all, at this point, he would be best served by obtaining competent aviation legal advice immediately, and not do anything else before obtaining that advice.
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Agreed. This is into the realm of regulations and potential sanctions.
 
There is no dragging Bruce into this. He just needs to send the letter saying he got a DUI and his medical. A lawyer is going to have him send the same letter and his medical. He didn't lie on a medical application worst thing they can do is certificate action. BFD, he has drug charges pending whatever he spends on a aviation attorney would be better spent on the best criminal attorney and deal with the FAA in the future when he is ready to fly again. If we lawyer up for every interaction with our government masters that will be the only way we will be able to talk to them in the future. Heck I think I'll hire a lawyer to fill out my next 8710.
 
Thank you in advance to everyone who has posted. I guess what i've gathered is that i need to report the DUI with the letter and my medical, stating that i havent flown since my checkride and i didnt know about the requirement to report. Then, deal with the drug charges later? I have the best lawyer i can find. Hes been doing it for 55 years. He knows everyone in my county. Is there a certain regulation for reporting pending drug charges? Would i be better off leaving that issue alone until i apply for a medical again? The case will not involve any motor vehicle action... and i dont even have my scheduling hearing til the beginning of may.
 
Unless your lawyer has dealt with the FAA before, he'd be wise to check with one who has just as a sanity check before he sends something in.
 
Unregistered said:
Thank you in advance to everyone who has posted. I guess what i've gathered is that i need to report the DUI with the letter and my medical, stating that i havent flown since my checkride and i didnt know about the requirement to report.
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No. You need to get an aviation attorney, tell him/her everything, and then listen to his/her advice -- and do nothing else until you've heard and considered that advice. Don't go sending any such letters or sending in your medical unless you don't mind having all your certificates revoked, as that is a potential outcome in this situation.
 
ClimbnSink said:
There is no dragging Bruce into this. He just needs to send the letter saying he got a DUI and his medical. A lawyer is going to have him send the same letter and his medical. He didn't lie on a medical application worst thing they can do is certificate action. BFD, he has drug charges pending whatever he spends on a aviation attorney would be better spent on the best criminal attorney and deal with the FAA in the future when he is ready to fly again. If we lawyer up for every interaction with our government masters that will be the only way we will be able to talk to them in the future. Heck I think I'll hire a lawyer to fill out my next 8710.
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Shrug.

If you're comfortable enough dealing with certificate issues that you don't feel you need a lawyer, don't get one. It's your choice.

Regardless, Ron's nearly universally been correct in the past (I say "nearly" because I haven't reviewed all of his posts regarding legalities, but in the ones I have, he's been uniformly correct) as regards regulatory issues; I'd take his advice over the advice of someone who hasn't demonstrated that level of competence or knowledge.
 
- get an aviation lawyer
- get an aviation lawyer

did I mention

- get an aviation lawyer

Your defense attorney may have gone to high-school and law-school (and is probably a unacknowledged sibling) with both the judge and the prosecutor, but when dealing with the FAA he may be of limited help. If he is professional, he won't have any difficulty working with your aviation lawyer to deal with that part of your entanglements.
 
ClimbnSink said:
He just needs to send the letter saying he got a DUI and his medical. A lawyer is going to have him send the same letter and his medical.
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While I'm not an attorney, I think it highly unlikely that a competent aviation attorney would recommend what you suggested.
If we lawyer up for every interaction with our government masters that will be the only way we will be able to talk to them in the future.
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While I generally agree with that, this situation is way beyond any which a pilot should try to handle without competent legal advice.
Heck I think I'll hire a lawyer to fill out my next 8710.
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The OP is in very deep legal water, apparently without much understanding of the rules and procedures, so I think sarcasm is unwarranted in this situation.
 
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Ron is indeed a wise man, but reality intrudes. Lawyers cost money, and the defense guy is far more important to the OP's future. If there is only cash for one, the criminal lawyer gets it. Lets assume that is the case, and an aviation lawyer is out of the question due to monetary constraints. What then? Report everything and hope for the best?
 
steingar said:
Ron is indeed a wise man, but reality intrudes. Lawyers cost money, and the defense guy is far more important to the OP's future. If there is only cash for one, the criminal lawyer gets it. Lets assume that is the case, and an aviation lawyer is out of the question due to monetary constraints. What then? Report everything and hope for the best?
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This goes way beyond the original issue, making assumptions about resource availability not stated in the OP. Kinda like asking if you don't have enough money for food and medicine, which do you buy? I suppose it depends on your most immediate need, and my guess is that for most folks, staying out of jail is more important than staying in the sky, but YMMV. However, my suggestions to the OP remain the same -- do nothing immediately other than obtain competent aviation legal advice.
 
Unregistered said:
You're all right. I have isssues to deal with. I'm admitting myself to a drug program to straighten myself out. I am paying for an attorney to handle this case so I'm not sure I can afford a FAA attorney right yet. I'll look into finding an aviation lawyer and see what I can do. I will take your advice and stop making excuses. Once I've dealt with the problems at hand, then I'll worry about my license. If it doesn't work out, I have no one to blame but myself. My goal is to stay positive and do whAt I can to repair what I can and make a good life for my family.
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I wrote my own little missive-let after reading the above.
 
steingar said:
If there is only cash for one, the criminal lawyer gets it. Lets assume that is the case, and an aviation lawyer is out of the question due to monetary constraints. What then? Report everything and hope for the best?
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Can't the criminal lawyer still consult FAA legal without turning over a name? That and/or reporting on your own has got to be better than doing nothing, especially if/when the FAA finds out.
 
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OK, I missed that part myself. That said, until he knows whether or not he can afford an aviation attorney, I still say he should not send in the above-described letter with his medical. I doubt it will take more than an hour of an aviation attorney's time to provide appropriate advice, and given the magnitude of his problems, that shouldn't be a big delta in his legal expenses for the year. But he shouldn't dally in getting this squared away. Remember -- the government must provide an attorney for criminal cases if you can't afford it, but they don't do the same for FAA enforcement actions, so if he's going to run out of money, he should get the aviation matter resolved first.
 
The Op has a lot of other issues to worry about before thinking about going flying. Forget about flying and dealing with the FAA for now. You need to get your life back on track. You have some potentially serious court issues to deal with first. Get those resolved first and your punishment phase completed. Then you will have time to get an aviation attorney and get your FAA issues sorted out. Like you said, you haven't flown since your private pilot check ride. They aren't seeking you out. So just let it go until you are ready to deal with them at future point in time.
 
LearDriver said:
The Op has a lot of other issues to worry about before thinking about going flying. Forget about flying and dealing with the FAA for now. You need to get your life back on track. You have some potentially serious court issues to deal with first. Get those resolved first and your punishment phase completed. Then you will have time to get an aviation attorney and get your FAA issues sorted out. Like you said, you haven't flown since your private pilot check ride. They aren't seeking you out. So just let it go until you are ready to deal with them at future point in time.
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+1...
 
Ok. Again, I really do appreciate all your advice. I know I've screwed up real bad. I deserve to have the priviledge taken away but if I can find a solution to this problem, i'd love to fly again. AFTER I get my life back on track that is. I will be getting a large tax return which i will use to pay off the remainder of my criminal defense lawyer's fees. At that point, I will have money to at least pay for the hour or couple hours it takes to get consultation from an aviation attorney. Beyond that, I am going to get my rehabilitation finished, get this criminal case resolved and then worry about all this later, if and when i ever get around to trying to fly again. I figure I've gone this long not knowing i needed to notify them and if im not flying, it can wait a couple months. I think I will at least get a consultation with an aviation attorney asap. I'm beginning to see that this is gonna be the only sure way of figuring out how to deal with this...
 
Unregistered said:
I will be getting a large tax return which i will use to pay off the remainder of my criminal defense lawyer's fees.
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Did you declare the income from your side business ? Don't want to have an Al Capone problem.

I think I will at least get a consultation with an aviation attorney asap. I'm beginning to see that this is gonna be the only sure way of figuring out how to deal with this...
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When you look for a referral, get someone with experience with the FAAs enforcement side revocations etc. You don't need someone who can structure an aircraft purchase and ownership for you but someone with the 'criminal' end of the FAA.
 
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