Juvenile MIP Record

Discussion in 'Medical Topics' started by tupperwolf, Jul 30, 2021.

  1. tupperwolf

    tupperwolf Filing Flight Plan

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    Minor in possession of alcohol. Handled by the juvenile court system. Age 17.. happend 18 years ago.

    My question revolves around 18v on the medical. How is "administrative actions" defined?

    No motor vehicle records exist of this incident and in the state of Oregon, juvenile adjudication is not a conviction. However a court ordered treatment program was required

    Any tips on how to accurately answer this question?
     
  2. flyingron

    flyingron Touchdown! Greaser! PoA Supporter

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    "Yes"

    Put the details in the "Explanations" section.
     
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  3. PeterNSteinmetz

    PeterNSteinmetz En-Route PoA Supporter

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    This question does pop up from time to time. The FAA takes a very broad view of its ability to investigate any legal incident at any time in your life.

    I don’t imagine that this will be an issue given the length of time if there have been no other alcohol related incidents, but it is likely best to get the opinion of a HIMS AME first before having an actual AME exam.

    See http://faamed.info for more information on this and related issues like how to do an AME consult.

    As to the legal necessity of answering “yes” due to this incident when there was no formal conviction, particularly as a juvenile. This has been discussed here extensively in the past and it appears this precise issue has never been fully adjudicated by a court of law. The conservative thing to do is likely report it if it won’t cause problems, because do you really want to have your medical be the legal test case?

    ETA: but if you want to become the legal test case, I can recommend some attorneys and possible funding.
     
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  4. tupperwolf

    tupperwolf Filing Flight Plan

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    Peter... thank you !!
     
  5. bflynn

    bflynn Final Approach

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    My reading of the Oregon process used the word conviction. I don't think is a merely a civil matter as the consequences include losing your license if driving.

    Regardless, I agree it should not be an issue. You will probably need the court records to prove what it was and they'll check that this is the only instance.

    The FAA takes a dim view of a failure to disclose, so you never want to be in that situation.
     
  6. flyingron

    flyingron Touchdown! Greaser! PoA Supporter

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    The question is not limited to convictions. The actual question encompasses what did happen.
     
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  7. Rushie

    Rushie En-Route

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    OP mentioned a court ordered treatment program. Doesn’t that open the can of worms that there may be a chronic or substance abuse problem? (In the eyes of the FAA) One would need to know the details (does the judge throw every teen that is caught with a beer into a treatment program?) Is the program a formal rehab? AA? Psychological counseling? All of that would be reportable aside from the legal action.

    I agree with Peter, I’d consult with a good AME before going live with the exam.
     
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  8. lbfjrmd

    lbfjrmd Line Up and Wait

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    It needs to be reported, especially the treatment order. 18 years ago with no further infractions should stand you in good stead.
     
  9. tupperwolf

    tupperwolf Filing Flight Plan

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    This is the statue regarding juvenile adjudication and conviction status

    Oregon Revised Statute 419C.400(5) https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html

    As for the court ordered treatment program - it was standard for all MIP's. The 6 hour class was taught at an addiction facility on the harmful effects of alcohol.

    And on a side note...years later the judge was actually sued for conflict of interest. They owned the facility and were profiting off of court mandated treatment in unaffiliated cases.

    Nonetheless, thank you everyone for replying. The ame consult reaffirmed your recommendations. And, now I just have to talk the lady at the juvenile department into going down into the basement to find my record..