DUI dismissed but FAA investigates anyways

Discussion in 'Medical Topics' started by NeverSayNever, Oct 16, 2017.

  1. Lachlan

    Lachlan Pattern Altitude

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    I don't pay anywhere near that. Less than that per year. My parents have great health insurance that they pay for out of their retirement income and it isn't anywhere near that per month. Far less than 1/8th that cost for both if them. They are 82 and 79 years old. I'm not sure where $1700/month comes from. I hea it all the time but no one can cite a real honest example. They always say "That's what I have to pay!" but their real life finances don't total $1500/month take-home. Trust my anecdotal evidence. I work in healthcare and live in a VERY rural and VERY poor part of northern New York state. No one here is forking over $1700/month for health insurance, unless you're talking about a company with several employees who pay for their employees' benefits. My employer does not pay for mine. I do.
     
  2. 1RTK1

    1RTK1 Line Up and Wait

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    For myself, wife and two kids mine comes to $1950.00 a month in a group plan at my business, and that is with a $5000.00 deductible per person or $15,000.00 total per year.
     
  3. flyingron

    flyingron Touchdown! Greaser!

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    I think you're somewhat confused. First off, the game is completely different for medicare aged folks.

    Just looking at the 2017 plan prices for federal employees, which is as cheap as you're likely to get anywhere, the Monthly premiums for a couple are $850 (the government pays 2/3 of this roughly). For a nicer plan the premium can run $1400-1800.

    WIth a company of about $5000, we were paying about $1700 per employee for a HDHP a few years back.

    I'd check again and see if your employer isn't indeed paying part of your health benefit.
     
  4. Rushie

    Rushie Pattern Altitude

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    Oh yes, retirement plans including health insurance can be a fantastic deal. Free or greatly reduced premiums.

    I tried to help my brother-in-law get insurance after my sister died (he had been on her policy where she worked) and the premium quotes he got were $17,000 per year and that was in 2006.

    Going it on your own is virtually unaffordable.
     
  5. Guest

    Guest Guest

    The only difference here of course is diabetes and heart disease are 'real' diseases. Alcohol tolerance is not a 'real' disease. All you have to do to cure tolerance is stop drinking and its relatively easy to do without being made more difficult by the FAA. I'm in favor of a breathalyzer or drug tests administered in private for a reasonable period of time.
     
  6. Salty

    Salty Pattern Altitude

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    I know dozens of people that have quit abusing alcohol relatively easily. Oh wait, no, I've never met anyone that did that.
     
  7. Clark1961

    Clark1961 Touchdown! Greaser!

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    Ignore the anon guy. He's turned down the tone on his rhetoric to an almost acceptable level. Maybe he isn't drunk yet today.
     
  8. Anymouse

    Anymouse En-Route

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    I'm thinking Rational Recovery is back!
     
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  9. Ted DuPuis

    Ted DuPuis Administrator Management Council Member

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    Mr Anon will continue to find his posts promptly deleted, as in as soon as they're reported.
     
  10. Palmpilot

    Palmpilot Touchdown! Greaser!

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    I decided not to report it, so that I could watch the fun! :devil:
     
  11. SkyDog58

    SkyDog58 Touchdown! Greaser!

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  12. Clark1961

    Clark1961 Touchdown! Greaser!

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    Hey, this one had no personal attacks. It was more of a system attack or something....maybe it was just a confused attack
     
  13. bflynn

    bflynn En-Route

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    In this case it comes from the last time I tried to buy medical insurance independently for my family. The quote was something like $1732 per month. I could have bought cheaper and paid $1300 in insurance but it was not a qualified plan under the ACA and would have created penalties for me at tax time exceeding the difference, in addition to having to pay the additional deductible.

    This is bigger than my mortgage payment. I just wonder how many people are soon going to have to make a choice between medical insurance under Obamacare or paying their mortgage.
     
  14. Rushie

    Rushie Pattern Altitude

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    Penalties because it's not the right plan?? You would be paying $1300 a month and the Feds will still punish you at tax time? I didn't realize you had to get the perfect coverage.

    Personally I think health insurance should go back to being just that: Insurance. You don't use it unless something catastrophic comes along and you hope that never happens. Otherwise you pay your own way for the sniffles and regular maintenance. The way it is now people view health insurance as "somebody else paying for all my care" for which they must pay a monthly premium and they expect to get back equal or more than they put in. That's not insurance and that's not sustainable.

    It sounds like from what you're saying if you find a plan like that you'll be penalized at tax time?
     
  15. Matthew

    Matthew Touchdown! Greaser!

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    I think if it doesn't meet the ACA definition of a qualified plan, then you have an illegal plan, have to check the box on your 1040 to incriminate yourself, and pay the tax/penalty.
     
  16. azure

    azure Final Approach

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    That used to be called "Major Medical" coverage IIRC. And I agree, that would be the best outcome of the health care wars, but it wouldn't work for the majority of people unless the actual cost of health care services went way, way down compared to what it is today. I know that I couldn't afford to pay out of pocket for the x-rays I had for a fractured 5th metacarpal I had this summer, that would have totaled over $2000 in all. A routine checkup could easily cost $500 or so, and that's before any bloodwork the doctor wants to do, which could easily cost a few hundred more. Heaven forbid you break a leg or develop weird symptoms that prompt intensive investigation. That could easily run you several thousand, even if nothing comes of it.

    The central problem in health care isn't who pays for it, it's how much it costs in this country, which is several times what it costs in most of the rest of the world. Most of the political squabbling over health insurance is between people who want the better-off to subsidize the health care of those who can't afford to pay the outrageous costs, and those who believe the sick should shoulder the cost. In the end, no one can really afford it, because it simply costs too much. And until that problem is solved, we're not going to have a sustainable health care system.
     
  17. F01LA

    F01LA Line Up and Wait

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    Plans like this were reasonably priced just within the last 10 years. Now? Look up the deductibles and premiums on Bronze plans.. yikes!
     
  18. bflynn

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    Yes, they are called "qualified plans" and if you don't have one, Obamacare charges you a penalty. Yes, you can avoid paying the penalty by lying when they ask about your form 1095, but if you're going to commit a federal crime with your taxes why stop there.
     
  19. jsstevens

    jsstevens En-Route

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    Actually, it's largely because of who pays for it that it is that expensive. As long as it's paid for with "other peoples money" whether that be insurance or the government there is absolutely 0 incentive to find value. Coupled with the medical industry's "confusopoly" (See Scott Adams' discussion here:http://blog.dilbert.com/post/102544401421/confusopolies) there is no way to control costs.

    John
     
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  20. wsuffa

    wsuffa Touchdown! Greaser!

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    More than that.

    Yes, third-party pay and a lot of "free stuff" is a big deal.
    So is the encouragement for folks to get in the system and use the system with no corresponding increase in suppliers.
    So is the health care provider wanting to make up for low medicare/medicaid reimbursement rates.
    So is the mergers/acquisitions of health providers by hospital chains reducing supply.
    So is the incentive of higher reimbursement rates to providers owned by hospital chains.
    So are costs added by malpractice insurance and CYA testing done by health care providers.
    So are increased drug costs and supply constraints (exacerbated by the time it takes to get approval to sell, and the short time before generics are permitted).
    So is the way risk pools are managed.
    Also contributing is the rise of concierge care and new/advanced testing.
    Etc. Etc. Etc.
     
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  21. Rushie

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    You're both right, all this stuff drives up cost. The horrible thing is many of them are very easily fixed but our government won't do it.
     
  22. wsuffa

    wsuffa Touchdown! Greaser!

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  23. Zeldman

    Zeldman Final Approach

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    I have just that. From $50 to $150/mth per person, depending on type coverage you want, and $500 deductible. And it is acceptable as coverage by the (un)affordable healthcare law. It won't cover going to the doctor for a common cold or allergies, but more like catastrophic coverage. One thing I wish they had was a better prescription drug plan. All it is right now is a discount card, but it is better than nothing. But with the monthly bill being so low I can afford drugs out of pocket.

    It's not insurance but healthcare bill sharing. It works. I know.

    http://www.chministries.org/
     
  24. Lindberg

    Lindberg Pattern Altitude

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    There are likely more alcoholic pilots WITHOUT DUI attests than with them. So the FAA should require HIMS evaluations of all of us. If the OP's story is accurately reported, he's no more likely to have a drinking problem (based on the information presented) than you are.
     
  25. DesertNomad

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    My wife and I together pay about 750 per month (7000 deductible). In 2018 we will only have one PPO choice in our county as our previous insurer is leaving the state. If the costs go too high, we may have to leave the USA again as we did in 2002. At that time insurance was going to cost us $3000 per month so we bought a one-way ticket to the Republic of Georgia and were gone for 12 years. Of course now we own an airplane so any move out of the US would have to be somewhere in the Americas so we could bring our airplane with us.
     
  26. apr911

    apr911 Pre-takeoff checklist

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    So wait, you were arrested but then was a blood draw or breathalyzer ever actually completed? I'm talking about the breathalyzer at the station that's usually mounted to a table, not one of the portable field sobriety kits. If you did, unconstitutional or not there should be a BAC report. Whether the BAC report still exists depends on the state and their data retention requirements but the prosecutor's office may still have it. If they didn't then the FAA probably wants to know why one wasn't done. If you refused the official breathalyzer or blood draw, then the FAA considers that the same as being guilty. If one wasn't done as a procedural error or if the report no longer exists, then you have a little more to stand on but it's still going to be a difficult time. You'd probably need a letter from the prosecutor stating no test was ever conducted or that the report was destroyed. Even that may not be enough.

    Why don't you get the arrest expunged?


    The lesson may have just been not to comply with police looking for a DUI. Exercising one's 5th amendment rights is unfortunately considered to be the purview of the guilty and so most people comply with officers questions and requests, especially on a traffic stop. It takes only one situation such as this for people to learn that an officer conducting an investigation is not your friend; they can and will legally lie to you and admitting anything can solidify the prosecution of the case.

    Contrary to popular belief, field sobriety tests are completely optional and the field breathalyzers are notoriously inaccurate and are generally not considered admissible in court except to prove probable cause for the arrest. Still any lawyer worth his salt would tell you not to comply with a DUI stop. Complying with the field sobriety tests is akin to testifying against yourself. If you fail any of them, they can and will be used against you in court and to provide probable cause for your arrest which allows the official "legal" test to be requested/completed. If you dont comply with the field sobriety test, then the officer must show that the reasonable suspicion of a DUI rose to the level of probable cause for arrest and search for the blood draw/breathalyzer and it may not even get that far if the officer doesnt think it'll stick.

    Without corroborating evidence of a failed field test, a lawyer can challenge the arrest and potentially the blood sample or breathalyzer if you provided one or were ordered to provide one by the court. Of course the same attorney would advise you also refuse to the breathalyzer and blood draw too since in the criminal proceeding its harder for the prosecution to get a conviction with no evidence but you do put your Commercial Driver's and/or Pilot License at risk.

    Only a blood draw or a breathalyzer test taken using the official, permanently installed machine at booking and administered by a trained technician provides the legal basis for DUI. If you are arrested and taken in, you can still refuse to comply with this test however most states have a "implied consent" penalty for refusing this test. The federal government also uses implied consent for the purpose of Commercial Drivers Licenses and Private (or higher) Pilot Licenses so a failure to blow on the official test may lead to a suspension anyway. Still if there's a chance you'll fail, its easier to win the criminal case when the prosecution has no physical evidence showing you were driving under the influence.