How to proceed?

U

Unregistered

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I need some serious advice on how to proceed with my third class medical application. I am 34 years old and looking to get my private pilots license for recreational purposes. I have about 12 hours in the logbook and my instructor says I am overdue to solo.

I did not do my homework before I saw my AME.

While filling out the 3rd. class medical application I came to the part (block 18v i think) where I was asked to report any driving related offenses, I indicated that I had two dui's, one in 1996, and one in 1998. Of course my AME could not issue a cert. to me during my office visit, and I patiently awaited a letter from oklahoma.

The letter I received last friday from the FAA asked for the following info:

1. Copy of police report and BAC
2. Complete court records from all offenses
3. Records of care, treatment, assessments etc.
4. Personal statement.
5. DMV records for the past 10yrs.

Today I ventured to the local law enforcement center and received a copy of my driving record. I have a spotless driving record since 1999. Of course the two DUI's show up 1998 one that I tested a .12 bac, the other 1996 I refused to test. However, to my surprise, I had forgotten about a license revocation in 1995 for possession of a controlled substance (marijuana).

Question #1: Am I correct in assuming I should submit the entire driving record beyond the 10 years requested?

Question #2: How do I disclose the controlled substance revocation to the FAA?

Question #3: Does the refusal to test in 1996 automatically disqualify me?

Question #4: I also learned that in both 1997 and 1998 I was convicted of minor consumption of alcohol. I was under the impression that I was a juvenile when those occurred and did not disclose those to the FAA on the application. I have since found out that I was indeed 18 years old when both occurred. How do I disclose those items to the FAA?

Question #5: I think there were other offenses that I was convicted of when I was under the age of 18. I do not honestly remember when or what was involved. The clerk at the courthouse said those records were not available even to me. Do I have to disclose anything that happened when I was juvenile?

All in all I think I am really screwed. I was very reckless as a teen, was into drugs and lots of alcohol. Those years are kind of a blurr to me, totally wasted years. I have no idea how i graduated from high school. I got my second DUI the winter after high school, I had to sit in jail for a while and did a lot of thinking. The next fall I enrolled in college. I cleaned up my act, graduated from college, got married, have five beautiful children. I can honestly say I have not used drugs or abused alcohol for fifteen years. When I quit using drugs and drinking all the time, it was like waking up. I suddenly realized how reckless I had been and how it had effected not only my self but those around me. I paid a terrible price by losing what should have been the best years of my life to marijuana and alcohol. I thought that I had already paid in full for those terrible years, but I'm guessing the FAA thinks otherwise.
 
Unregistered said:
I need some serious advice on how to proceed with my third class medical application. I am 34 years old and looking to get my private pilots license for recreational purposes. I have about 12 hours in the logbook and my instructor says I am overdue to solo.

I did not do my homework before I saw my AME.

While filling out the 3rd. class medical application I came to the part (block 18v i think) where I was asked to report any driving related offenses, I indicated that I had two dui's, one in 1996, and one in 1998. Of course my AME could not issue a cert. to me during my office visit, and I patiently awaited a letter from oklahoma.

The letter I received last friday from the FAA asked for the following info:

1. Copy of police report and BAC
2. Complete court records from all offenses
3. Records of care, treatment, assessments etc.
4. Personal statement.
5. DMV records for the past 10yrs.

Today I ventured to the local law enforcement center and received a copy of my driving record. I have a spotless driving record since 1999. Of course the two DUI's show up 1998 one that I tested a .12 bac, the other 1996 I refused to test. However, to my surprise, I had forgotten about a license revocation in 1995 for possession of a controlled substance (marijuana).

Question #1: Am I correct in assuming I should submit the entire driving record beyond the 10 years requested?

Question #2: How do I disclose the controlled substance revocation to the FAA?

Question #3: Does the refusal to test in 1996 automatically disqualify me?

Question #4: I also learned that in both 1997 and 1998 I was convicted of minor consumption of alcohol. I was under the impression that I was a juvenile when those occurred and did not disclose those to the FAA on the application. I have since found out that I was indeed 18 years old when both occurred. How do I disclose those items to the FAA?

Question #5: I think there were other offenses that I was convicted of when I was under the age of 18. I do not honestly remember when or what was involved. The clerk at the courthouse said those records were not available even to me. Do I have to disclose anything that happened when I was juvenile?

All in all I think I am really screwed. I was very reckless as a teen, was into drugs and lots of alcohol. Those years are kind of a blurr to me, totally wasted years. I have no idea how i graduated from high school. I got my second DUI the winter after high school, I had to sit in jail for a while and did a lot of thinking. The next fall I enrolled in college. I cleaned up my act, graduated from college, got married, have five beautiful children. I can honestly say I have not used drugs or abused alcohol for fifteen years. When I quit using drugs and drinking all the time, it was like waking up. I suddenly realized how reckless I had been and how it had effected not only my self but those around me. I paid a terrible price by losing what should have been the best years of my life to marijuana and alcohol. I thought that I had already paid in full for those terrible years, but I'm guessing the FAA thinks otherwise.
Click to expand...

You may have some hurdles to clear. I seem to remember that 10 years seems to be a magic number of sorts... but I would also defer to Dr Bruce.. he will be along shortly.

He wont hold himself out to find business on here, but he specializes in the "difficult" medical. IF it can be done, he will tell you how, and I would recommend doing it by the numbers... If hiring him is not an option perhaps he would have the referral to a good AME who can pick up and go from where you left off.
 
You don't need Bruce's medical advice (at least, not for the moment), you need the advice of an aviation attorney to get you out of a serious legal jam because you have violated 14 CFR 61.59 and possibly 18 USC 1001 (see that stuff at the bottom of the form about jail time and hefty fines) by signing an application with materially false information. Say nothing more to the FAA until you get that legal advice, and do that ASAP so the situation does not get worse. Once you get that lawyer involved and open a path to clearing the record, you can talk to Bruce about what you'll need to do to get a medical based on your full and complete criminal and medical history.
 
Get a good aviation lawyer ,any advise from this forum is only advise,get a good lawyer now if you want to fly.
 
All of what Ron says is true but you DO need the advice of an AME/HIMS to see where you are in terms of being certifiable.

Talk to Dr. Chien.
 
Ron's not correct on this one. The current policy at the AMCD is only to refer you to prosecution if you have a current certificate, or were granted one on false testimony. Remember the Pilot's Bill or Right's checkbox? This is an INVESTIGATION. You have an opportunity to correct that. The giving of testimony is NOT YET OVER.

However, the presence of a Marijuana bust changes the picture from the 10 years with a clean record to something quite different. So long as you turn in the Marijuana bust, you have not yet misled the agency into an issuance. The marijuana bust should be in your reply packet, as needs also an FBI search (to show that it's your one and only).

It also CANNOT hurt to have a letter in the file from a boss saying he knows you well, you're stably married, kids, can be trusted alone on projects, don't cancel at the last moment, are reliable, yada yad.....all of the opposites are drug/alcohol behavior.

If they issue you and THEN you tell them about the marijuana.....then you need to defend against 18 USC 1001. What you are being asked here, in the "investigation" to provide more facts, to include the ones they list. So provide all the information.

The DMV record is to prove you have 10 years' clean. Because of the marijuana bust, you need an FBI search to show that that one, was your one and only.

I've done this probably 60 times.
 
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It's a search in the FBI database of all criminality by name and dob. Many Metro police stations have access to it. Marijuana will not show up in a State DMV search, but to prove the marijuana was your one and only, you need one of these....
 
Did a little googling and I think what you mean by a FBI search would be what they call a "Criminal History Summary".

It sounds like from the FBI website that it takes 5-6 weeks to receive one directly from them through the mail. They list some private "channelers" who take less time for an added fee. I will have to call monday and find out the details.

I only have 50 days left until my reply is due.

Any other clues as to where a fellow may get his "criminal history summary" faster would be welcomed.

I should have listened to mom and dad.
 
More along the lines of "stay out of trouble". But yes, not keeping my mouth shut got me into a lot of trouble as well.
 
Unregistered said:
Did a little googling and I think what you mean by a FBI search would be what they call a "Criminal History Summary".

It sounds like from the FBI website that it takes 5-6 weeks to receive one directly from them through the mail. They list some private "channelers" who take less time for an added fee. I will have to call monday and find out the details.

I only have 50 days left until my reply is due.

Any other clues as to where a fellow may get his "criminal history summary" faster would be welcomed.

I should have listened to mom and dad.
Click to expand...
If you do it on Monday, you'll get it before the 50 days is out. If you live in a large metro, the local police station will be able to do that for you while you stand there.
 
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