Consequences for FAA Medical Exam with an underserved implied consent charge.

U

Unregistered

Guest
Hello all. I know there are a ton of questions regarding DUIs and such but my situation is a bit unique to others.

First of all before i get lectured on getting help I DO NOT DRINK.

I was involved in a car accident and due to working in a restaurant i smelled of alcohol. Nature of the beast. I had a concussion and while in the hospital and incoherent due to head trauma i was accused of drinking and driving from a despicable cop who didnt do anything by the book. When i regained my composition and was able to understand what was happening it was to late. He would not allow a blood test nor would he let me sign the implied consent papers. Only writing "unable to sign" even though at that time I was and would have taken any tests needed as i don't drink and hadn't smoked weed in well over 3 years at that point. I had been an adult at this point and acted as such.

I proceeded to fight it, incurring close to 10,000 dollars worth of legal fees only to have a judge side with a cop who literally had no evidence. I wasn't arrested, no video, no audio, just his word against mine and the doctor who helped save my life.

I would have appealed, but I wiped out my savings trying to get this erroneous accusation off of my record but the corrupt justice system of this good-ol-boy city went against hard evidence in favor of a corrupt police officer. While i don't want to go on a tangent and i believe legitimate DUI offenders deserve punishment, I unfortunately am was one of the people who get hurt for just being at the wrong place at the wrong time. '

There were no criminal charges against me as those were dropped, and upon completion of the adsap program it for the most part will be put behind me other than having IMPLIED CONSENT on my driving record for the rest of my life.

It will be two years ago in november since this happened, and i've saved enough money to start my flight school and am 12ish hours or so in. I love it. Its been a dream of mine since I was young to do it and I've worked hard and saved for a year to be able to do it. Now all of a sudden no matter how hard I try to put it past me it comes up again. It's lost me my opportunity for my dream job and now possibly this.

What can i do.
 
Speak, first, to an aviation specialty attorney (I recommend Drew Coats in Houston). It should not be hopeless, but you will have to address it up front.
 
Are you sure there are no toxicology reports at the hospital? Drawing levels would be pretty standard in such a situation.

Wells
 
As it stands, you have a "motor vehicle action" in your record and that will have to be reported and explained the first time you fill out an FAA medical application. Beyond that, you will need competent legal advice.
 
W. Stewart said:
Are you sure there are no toxicology reports at the hospital? Drawing levels would be pretty standard in such a situation.

Wells
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I am obviously not a lawyer, but for something to be admitted in a court of law as evidence a chain of evidence(I think that is what it is called where there is a paper trail of everyone who handled the evidence) I believe is necessary. Often blood alcohol levels done in a hospital are not admissable because of the lack of the trail. However, that said, I think there is more to the story than we are being told, but that does not change the advice. He needs the help of an aviation lawyer.
 
douglas393 said:
I am obviously not a lawyer, but for something to be admitted in a court of law as evidence a chain of evidence(I think that is what it is called where there is a paper trail of everyone who handled the evidence) I believe is necessary. Often blood alcohol levels done in a hospital are not admissable because of the lack of the trail. However, that said, I think there is more to the story than we are being told, but that does not change the advice. He needs the help of an aviation lawyer.
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At this point, we're not talking about a court of law, but an administrative matter with the FAA.

If those levels were taken and show clearly no alcohol or other drugs, then those records should absolutely be submitted to the FAA with the medical application.

Concur on the lawyer.
 
I think one factor that came into play at the time was the nature of the car accident. For example, if you hit the other person, or if you hit a pole or ran a light or something, that could make the police suspect an impaired driver. Whereas if you were driving along and someone else ran into you, the police would be suspicious of the other person. Also, if you had other accidents/tickets prior to then, the cops would probably be more inclined to be suspicious than if this was your first time. An attorney would look at the whole situation and be able to help you.
 
First, I agree with everyone else, a lawyer is crucial.

On or off your record, it wouldn't matter, you still need to report it.
You suggest that the doctor involved testified on your behalf, can you get in touch with him? I can see that as being an important step.
 
No ETOH draw at the hospital? The advantage of paying for an appellate lawyer is that you generally get out of the good ol' boy framework.

There can not be a refusal of consent if you in fact medically lacked the capacity to consent or not . . . this was not a fact case it was a law case. Was a lack of capacity ever raised by your lawyer and presented to the court? Forget the cops facts - what about yours?

I simply cannot believe there was no ETOH draw following an MVA with suspected head injury - check the medical records and the insurance records. I have had situations where evidence that is exculpatory goes missing from a hospital file but shows up in an insurance bill - which leads one to go find the orphan test in the hospital record instead of the patient record. . .
 
comanchepilot said:
No ETOH draw at the hospital? The advantage of paying for an appellate lawyer is that you generally get out of the good ol' boy framework.

There can not be a refusal of consent if you in fact medically lacked the capacity to consent or not . . . this was not a fact case it was a law case. Was a lack of capacity ever raised by your lawyer and presented to the court? Forget the cops facts - what about yours?

I simply cannot believe there was no ETOH draw following an MVA with suspected head injury - check the medical records and the insurance records. I have had situations where evidence that is exculpatory goes missing from a hospital file but shows up in an insurance bill - which leads one to go find the orphan test in the hospital record instead of the patient record. . .
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All I can tell you is that I see more amazing things happen in hospital ER's and hospitals than them not doing a blood alcohol level after a MVA. The deterioration in care levels I have witnessed over the last 20 years amazes me.

Though what is interesting is the OP claims the cop refused to let them do a blood alcohol level. The next time I see a doctor not do something for medical reasons because a police officer told him he could not, and for that matter see a police officer tell a doctor how to provide medical care and management will be the first. I suspect there is more to the story than we are being told.
 
Ron Levy said:
I'm shocked, shocked, that an anonymous poster complaining about an alcohol-related FAA medical certification issue would omit pertinent facts.
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Ron,
I must thank you. You have put a smile on my face for the day.
Have a good one.

Doug
 
SCCutler said:
Speak, first, to an aviation specialty attorney (I recommend Drew Coats in Houston). It should not be hopeless, but you will have to address it up front.
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Thank you. I will look into it. Will it matter that I am a different state though?

W. Stewart said:
Are you sure there are no toxicology reports at the hospital? Drawing levels would be pretty standard in such a situation.

Wells
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Yes i'm 100% positive. My lawyer wasn't incompetent sadly even though i hold much animosity towards him for taking my money and losing a case that again had 0 factual evidence that I was as they said under the influence of alcohol.

comanchepilot said:
No ETOH draw at the hospital? The advantage of paying for an appellate lawyer is that you generally get out of the good ol' boy framework.
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No there was not and this I do understand. If I had the money I would have appealed it in a second, but my lawyer would not appeal it for any less than a fortune (to me) and others that I looked into cost close to the same.

comanchepilot said:
There can not be a refusal of consent if you in fact medically lacked the capacity to consent or not . . . this was not a fact case it was a law case. Was a lack of capacity ever raised by your lawyer and presented to the court? Forget the cops facts - what about yours?
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Yes it was. We had the doctor there who on my behalf bring this up as the cop who for whatever reason would not leave the vicinity of my room refused it to be allowed on my behalf because I was unable to consent due to be concussed.

comanchepilot said:
I simply cannot believe there was no ETOH draw following an MVA with suspected head injury - check the medical records and the insurance records. I have had situations where evidence that is exculpatory goes missing from a hospital file but shows up in an insurance bill - which leads one to go find the orphan test in the hospital record instead of the patient record. . .
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I have the medical records and insurance records. I only payed for my care, the ambulance ride and the mri. There was no blood test allowed even though when i regained consciousness i offered to take any sort of test he wanted. He refused took my license informed me he would not arrest me and said that I couldn't have my cell phone back as it was evidence against me and that I wouldn't be released from the hospital until i was signed out which was probably the only thing that went by procedure.

And for the record I hit a deer. Nothing unusual for this area as others are wondering what I did in fact do if I had hit someone else etc.

The deer was fine. Sadly this thing happens a lot in my area as there are a lot of low income people in my area and most never have the money to fight it. I tried, but even I didn't have enough. I dont want to get this into an ugly law debate. I just want to know what steps to take to move forward with my life and my goals of flying.
 
Ron Levy said:
I'm shocked, shocked, that an anonymous poster complaining about an alcohol-related FAA medical certification issue would omit pertinent facts.
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What "pertinent" facts would you like to know? If i'm missing something you are interested in just tell me instead of posting a snide remark. I understand your doubt but believe it or not some places do just use DUIs as an excuse to get thousands of dollars for the local economy. We have more DUI charges than any other place that i've ever lived in and Ill grant you that most of them are in fact legitimate charges. But even the ADSAP program I had to go through all my councilors never doubted for a second that I drank or did drugs, considering all the humiliating drug and alcohol tests i had to take and the general humiliation of all of it. They said this wasn't an uncommon occurrence.

So again, instead of the snide remarks, what don't you just ask what you want to ask.
 
I hope you get the help you need to get past this and get flying.

That being said, never ever EVER talk to a cop without an attorney present if you are a suspect of any kind. Keep an attorney's number in your wallet at all times.

Any decent lawyer would have told Barney Fife to beat feet and got the blood test ordered.

I encourage everyone to watch this video.

https://www.youtube.com/watch?v=6wXkI4t7nuc
 
Unregistered said:
No there was not and this I do understand. If I had the money I would have appealed it in a second, but my lawyer would not appeal it for any less than a fortune (to me) and others that I looked into cost close to the same..
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Sometimes money saved early on becomes money lost later on. I think this is happening to you.

Unregistered said:
Yes it was. We had the doctor there who on my behalf bring this up as the cop who for whatever reason would not leave the vicinity of my room refused it to be allowed on my behalf because I was unable to consent due to be concussed. .
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In the patient who is unable to give informed consent for a procedure, there are procedures available in ALL the hospitals in the US that allow procedures to be done via a variety of alternatives.
Unregistered said:
I have the medical records and insurance records. I only payed for my care, the ambulance ride and the mri. There was no blood test allowed even though when i regained consciousness i offered to take any sort of test he wanted. He refused took my license informed me he would not arrest me and said that I couldn't have my cell phone back as it was evidence against me and that I wouldn't be released from the hospital until i was signed out which was probably the only thing that went by procedure..
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Somethings here sound fishy. MRI is rarely if ever used in the work up of closed head trauma. Blood tests except for rare exceptions such as HIV do not require consent.

Unregistered said:
And for the record I hit a deer. Nothing unusual for this area as others are wondering what I did in fact do if I had hit someone else etc.

The deer was fine. Sadly this thing happens a lot in my area as there are a lot of low income people in my area and most never have the money to fight it. I tried, but even I didn't have enough. I dont want to get this into an ugly law debate. I just want to know what steps to take to move forward with my life and my goals of flying.
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Okay now I have to replace my BS meter as it just exploded from going off scale. You hit a deer with your car and get a closed head trauma so severe that you were admitted to the hospital and Bambi trots off like nothing happened. I have a hard time reconciling that with reality.
 
douglas393 said:
Okay now I have to replace my BS meter as it just exploded from going off scale. You hit a deer with your car and get a closed head trauma so severe that you were admitted to the hospital and Bambi trots off like nothing happened. I have a hard time reconciling that with reality.
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I could see it if he tried to swerve at the last minute, clipped Bambi, then ran off the road into a ditch or tree or cliff or what-not. Or hit Bambi square on, Bambi bounces off with little injury, but after the hit he loses control and wrecks more severely.
 
bluesky74656 said:
I could see it if he tried to swerve at the last minute, clipped Bambi, then ran off the road into a ditch or tree or cliff or what-not. Or hit Bambi square on, Bambi bounces off with little injury, but after the hit he loses control and wrecks more severely.
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So his closed head trauma was so bad he needed to be admitted to the hospital, but remember Bambi running off. If he hit the object after hit Bambi so hard that he got a bad closed head while being in a vehicle I have a hard time believing Bambit trotted off. I once hit a deer with the mirror of my car. There was venison for the carrion for days, and said mirror was gone. I think his story becomes more unbelievable as he stretches it further. but then again I will admit I am a cynic.
 
I try to stay out of these type of discussions. Lest you think this post is "sour grapes" let me state that neither my wife or myself has ever even been charged with anything other than a simple speeding ticket. Also I am as against DUI as anybody. Even one DUI is one too many. The second one is inexcusible.

I do not know the OP or where he lives but, here in the southeast his story is not only possible but, would not be rare. We have two many DUI arrests that are legit here. Unfortuantely we have way too many that are not. The towns and counties have discovered that DUI arrests are more of a gold mine than are speeding tickets. I have personal knowledge of a case in Hoover Alabama. A man was arrested for DUI after a wreck. The man had a seisure. As it turned out he had a history of seisures as a teen. There was no BAC taken, breath or blood due to his injureis. Court records show there was no sign of any alcohol in or around the car. He had been declared seisure free as a young adult and been cleared to drive many years previous. He has been on medication since shortly after the wreck and is now been free from seisures for more than a year and I understand he is now driving. He will have to take medication for the rest of his life.

He was found guilty of DUI in the kangeroo court at the city. He was later acquitted in a real court. Eventually the city paid out $200,000 plus their legal fees in an out of court settlement. Total cost to the young man and his family was over $120,000. He did win but...

I could site some other cases in Alabama (Birmingham is especially bad) but you get my point. The main purpose of DUI citations in this area is revenue. It is only a bi product that many legit DUI's are caught.

My point is that the OP could be telling the truth. If you blow, even if you never drink alcohol, it does not mean you will not be charged with DUI. In the above case in Alabama even with no evidence you see what can happen.

To the OP, if and I repeat if it happened the way you say I feel sorry for you. I don't have any advice, doo doo just happens. For the rest of you jumping on the OP but, by the grace of God.

BTW, five years ago my nephew apparently dodged a deer. Nobody found the deer and in fact he may have completely missed the dear. It was hard to tell from the tracks. My nephew did not survive. Just my $.02
 
douglas393 said:
So his closed head trauma was so bad he needed to be admitted to the hospital, but remember Bambi running off. If he hit the object after hit Bambi so hard that he got a bad closed head while being in a vehicle I have a hard time believing Bambit trotted off. I once hit a deer with the mirror of my car. There was venison for the carrion for days, and said mirror was gone. I think his story becomes more unbelievable as he stretches it further. but then again I will admit I am a cynic.
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I've seen this happen a number of times, growing up in the woods.

I've seen a moose (granted, much heavier than a deer) walk away from a car that hit it, totaled. In this case, the deer very well may have "trotted" off, but died in the woods from its injuries later. I've seen deer hit by a car head on before, and when they've got some adrenaline going, they can run away appearing unhurt.
 
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This is true. I've seen small animals such as cats and racoons get run over and get up and run off.
I'm wondering if the OP's main obstacle to getting a medical is, not the "implied consent" matter but the head injury. I wonder how the FAA views that. The OP might want to find that out first.
 
It's good to see some reality brought into this thread. Sometimes the Internet speculation machine gets really over the top.
 
Ron Levy said:
I'm shocked, shocked, that an anonymous poster complaining about an alcohol-related FAA medical certification issue would omit pertinent facts.
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yeah, that too. It funny how these posts always have pertinent facts missing, misstated, omitted or characterized.

EVERYBODY Lies.

How is a cell phone evidence of intoxication? It might be evidence of texting and driving - but intox?
 
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douglas393 said:
So his closed head trauma was so bad he needed to be admitted to the hospital, but remember Bambi running off. If he hit the object after hit Bambi so hard that he got a bad closed head while being in a vehicle I have a hard time believing Bambit trotted off. I once hit a deer with the mirror of my car. There was venison for the carrion for days, and said mirror was gone. I think his story becomes more unbelievable as he stretches it further. but then again I will admit I am a cynic.
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That's okay. It was ct scan not MRI. Im not a doctor but my gf is in the medical field so i asked her. Also I don't remember Bambi running off there was a witness. Apparently I clipped the deer turned off into an embankment flipped the car into the pole. Its clear I'm not being specific enough for this crowd so I apologize.
 
Unregistered said:
That's okay. It was ct scan not MRI. Im not a doctor but my gf is in the medical field so i asked her. Also I don't remember Bambi running off there was a witness. Apparently I clipped the deer turned off into an embankment flipped the car into the pole. Its clear I'm not being specific enough for this crowd so I apologize.
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When you want advice you need to give all the facts - if your lawyer lacked all the facts he would have done a truly crummy job of representing you.
 
Unregistered said:
That's okay. It was ct scan not MRI. Im not a doctor but my gf is in the medical field so i asked her. Also I don't remember Bambi running off there was a witness. Apparently I clipped the deer turned off into an embankment flipped the car into the pole. Its clear I'm not being specific enough for this crowd so I apologize.
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Sorry if I was being too hard on you, did not mean to be, but that makes a lot more sense to me.
 
comanchepilot said:
When you want advice you need to give all the facts - if your lawyer lacked all the facts he would have done a truly crummy job of representing you.
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If what he says is true, then me thinks the lawyer did do a crummy job. Maybe that explains why.
 
comanchepilot said:
yeah, that too. It funny how these posts always have pertinent facts missing, misstated, omitted or characterized.

EVERYBODY Lies.

How is a cell phone evidence of intoxication? It might be evidence of texting and driving - but intox?
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Again instead of being a jerk and adding nothing why don't you ask what you want to ask. Who knows how it was evidence. I didn't get it back until after the hearing.

You and your brother here should start your own thread where you just call everyone liars and think your better than everyone else.

What's my incentive to lie when I'm posting unanimously through a proxy.

But again thanks for adding nothing to this thread but encouring the same behavior that leads to these kind of situations.

Again, if you want to know something ask. Don't just post inconsiderate posts to act as if you are superior.
 
hey unreg - really? I was agreeing with another long time poster here about these types of threads. They always have facts that get added.

I'm not superior - just not caught. All of us are like that.

And I'll say it again - you need to lay it out in the first post - not add facts in dribs and drabs -

Whether you want to believe it or not when that happens it always makes you look like you are hiding something.

In case you might have guessed Ron and I are not armchair lawyers.

Blaming the 'good ol' boys' is always a tough defense and as unfair as this may be when it does happen - you need to prepare your case to make your case. Why do you want a fair trial? I want a trial where I know I'm going to smoke the other side.
 
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comanchepilot said:
hey unreg - really? I was agreeing with another long time poster here about these types of threads. They always have facts that get added.

I'm not superior - just not caught. All of us are like that.

And I'll say it again - you need to lay it out in the first post - not add facts in dribs and drabs -

Whether you want to believe it or not when that happens it always makes you look like you are hiding something.

In case you might have guessed Ron and I are not armchair lawyers.

Blaming the 'good ol' boys' is always a tough defense and as unfair as this may be when it does happen - you need to prepare your case to make your case. Why do you want a fair trial? I want a trial where I know I'm going to smoke the other side.
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Hey me too. Unfortunately these are not trials with a jury they are hearings with a judge. We had a case that had no arguable facts against me but the JUDGE and only the judge decided in the favor if the police officer. I didn't feel like spending 45 minutes writing out the entire story when a brief description is enough. Notice the only person to give any actual advice posted quickly and didn't ask questions. You are just trying to turn this into something it need not be.

Not to mention if I had the money I could have appealed and put this in my past. And I'm just an average hard working american so I unfortunately don't.

And not arm chair lawyers huh, well you are certainly trying your best instead of giving any advice.
 
The OP asked a legitimate question. There appeared to be more than enough facts in his first post. The OP was not wanting to retry his case. That had already been done and he was asking for advice on what now.

Jumping on the OP and calling him a liar, calling BS, saying he was leaving out pertinent facts was uncalled for. DUI is a serious problem in this country. I know that. The truth is the government has no desire to stop it any more than they want speeding stopped. They just want to tax it. It is a great revenue source. It is easy to collect, John Q Public has almost no recourse. Cop says you are drunk, judge agrees and bam that will be $3000. Ya'll hurry back. Lawyers getting rich on DUI cases also and they make the laws for the most part.

I know this is getting into serious thread drift. If the people and the government want an activity stopped it can be slowed WAY down. For example; first DUI, 90 day suspension and $500 reinstatement. Second DUI, revocation of driving privaleges, period. Caught driving on a suspended license, counts as another DUI, revocation, period. Third violation, one year in prison, period.

This takes the profit out of DUI's. Of course this would require honest cops and honest judges so, there goes that idea. Then again it might make them more honest since the profit is removed. It will of course never happen, just follow the money.

Just don't assume because a person is charged and convicted that he is guilty. Many times they are but, sometimes they are not. Might be the case of the OP.
BTW, does anyone have any useful advice for the OP? I would urge the OP to contact Bruce directly. He can tell you exactly what needs to be done if there is anything to be done.
 
comanchepilot said:
When you want advice you need to give all the facts - if your lawyer lacked all the facts he would have done a truly crummy job of representing you.
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I was doing this on my phone early so sorry for the poor grammar. I feel like what you are saying would be relevant if I was telling you, my arm chair lawyer, to represent me. But i'm not. I don't want to give all of the information out for reasons of anonymity. I do know people who use these forums and don't want to have them treat me like you are because of something I was prosecuted for, but did not do.

I understand you thinking that it's the lawyers fault but it in fact was not. He is a capable man who did the best he could given where we are. Being as it all is I have no criminal charges or worse which could have put me further into debt thanks to him. There is nothing he can do about judges who don't care about facts and evidence. It is what it is even if I still hold a bit of animosity to the lawyer because he didn't do more considering the amount he was paid.

I know you couldn't understand living in Southern California. I'm sure you live in a mini mansion with money to spare to do things that I couldn't living in your fantasy bubble with an inflated ego judging others because you think you know it all. But guess what, we all don't. I have been on my own since 19, and at the time of the accident was just finishing college, on my own. Now I have a good job and can do things I want and like to do such as flying. That's why I came here for advice. If I thought I was going to be ridiculed and berated by people who feel they are more entitled and can't comprehend a small city in the south and it's corrupt justice system then I would have looked for advice elsewhere. I'm sure you would rather me just give up and not pursue a personal dream because you wouldn't want someone like me in your exclusive club because I was wrongly accused.

Thank you Smooth Talker, Richard Palmer, Dog Daddy, and other for advice and simply understanding that bad things do happen to good people.

Oh by the way, I do hope that the deer died in the end.

Oh, one more thing. If I had a time machine i'd take you right there to watch the whole thing transpire. So you could feel like the @$%^&(# you come off as.
 
Some people here yikes. Ive been reading through all of these medical posts and these all seem to turn out the same. I'd say find yourself a aviation lawyer. I live in the south as well and my girlfriend is going through the same situation. Left my house and got into an accident and they hit her with a DUI. I wish you the best of luck.
 
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I'm not speaking to the OP's truthfulness, since there are always two sides to the story. But if there's anyone here that doesn't believe that there's corrupt or criminally incompetent police officers out there, you are dead wrong.

OP's story is plausible. I just wish he would have lawyered up sooner.
 
Jack Spectre said:
I'm not speaking to the OP's truthfulness, since there are always two sides to the story. But if there's anyone here that doesn't believe that there's corrupt or criminally incompetent police officers out there, you are dead wrong.

OP's story is plausible. I just wish he would have lawyered up sooner.
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When you get a judge that sides with an officer no matter what the officer says, it doesn't matter what kind of lawyer you get.
 
I cannot offer advice on the "what now" part. But I can say this:

Railroading DOES HAPPEN. Unfortunately, our system of jurisprudence is supposed to be accessible to even the common man, but in reality it is not.

The OP probably did not know that he could do the appeal pro se and he, although angry defends the competency of the attorney representing him. He may or may not be competent, don't know - can't speak to that.

I can say however, I was once railroaded on an incident that I knew the odds were stacked against me, but I believed in the ethics of my position. After "competent" legal advice, I fell on my sword and profusely thanked him. After some time, I read the legalese for myself (I'm not a lawyer) and began to do some serious self-study and learned just how much was poorly explained to me. I was not able to overcome the "high-bar" (as the court put it) of "ineffective assistance of counsel".

Years later, someone sued in Federal Court over a closely related matter and proved that I was right all along; I lacked the resources to effectively argue my position. The case law still exists undisturbed today, however the judicial process is all but closed to me.

OP: Hang in there. It may take some time, but you will find a way. My originally planned route to becoming a pilot was taken away (tangentially related to my above story), but today I AM A PILOT!
 
Unregistered said:
I was doing this on my phone early so sorry for the poor grammar.
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I never complained about your grammar - you quoted me - so I'm responding.

I feel like what you are saying would be relevant if I was telling you, my arm chair lawyer, to represent me. But i'm not. I don't want to give all of the information out for reasons of anonymity. I do know people who use these forums and don't want to have them treat me like you are because of something I was prosecuted for, but did not do.
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ALL of the facts are relevant., when you omit them, then we come to conclusions from incomplete facts. Thus you are the one responsible for how people react to you. Man up here - take some responsibility. Not for hitting a deer and getting an undeserved DUI, but for asking for certification advice on an internet forum with incomplete facts.

You get the advice which your facts - the extent to which you provide them - give you. If you want to hide some facts to preserve privacy then don't expect to get accurate advice and you are zero position to complain when people reach incorrect conclusions. Capiche?

I understand you thinking that it's the lawyers fault but it in fact was not. He is a capable man who did the best he could given where we are. Being as it all is I have no criminal charges or worse which could have put me further into debt thanks to him. There is nothing he can do about judges who don't care about facts and evidence. It is what it is even if I still hold a bit of animosity to the lawyer because he didn't do more considering the amount he was paid.
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I never said it was lawyers fault - I did say that if you gave him incomplete facts then you ended with up the representation you get. I am assuming you presented all of the facts and he asked pertinent questions - but - if you got railroaded you need to appeal and spend money to do so because if they violated your civil rights you may have a §1981/1983 claim.

I know you couldn't understand living in Southern California.
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Wow, class warfare too, did you vote for Obama too? You know, I've lived in lots of places - some of which include small towns in South Carolina and Eastern Connecticut where a lot of what you complain about does happen. But its generally because the defendants think they are smarter than the cops and the lawyers who do this 24/7/365. My father left me when I was 6 months old and lived on rold gold pretzels and wonder bread when I was 12 for 6 months. My mother moved 21 times the first 18 years I was alive - she was denied food stamps because the opinion of the bureaucrats was that she was young and could get married - and I lived on $300 a month for food and transportation when I was going to law school between 1982 and 1985. So I understand privation.

don't give a sob story when it is gonna fall on deaf ears.
 
On another note, assuming you are pursuing an airman medical, you might want to consult with an AME to determine if there are any disqualifying conditions resulting from your injuries from the accident. If so, then the whole DUI issue becomes moot anyway.
 
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