Airline Pilot Forums

Airline Pilot Forums was designed to be a community where working airline pilots can share ideas and information about the aviation field. In the forum you will find information about major and regional airline carriers, career training, interview and job seeker help, finance, and living the airline pilot lifestyle.




View Full Version : Letter of Investigation


Westcoastdude
01-28-2018, 03:43 PM
I received a letter from the FAA today for not reporting my DUI within 60 days.

I reported the arrest within 60 days. Hereís what happened:

My conviction was 5 months after my arrest as court was backed up over the summer. By the time I was convicted I sent in all my DMVs records, court documents, psychiatric evals to the FAA. They were fully aware of the DUI and I even enrolled into my company HIMs program.

Iím somewhat certain I sent the security department notice of my conviction but Iím not 100% certain as I was more concerned about keeping my medical.

Also itís important to note the letter says I didnít report the incident in the INCORRECT state that I received my DUI. The state theyíre claiming I received a motor vehicle supension is incorrect and Iíve never been arrested in that state.


JohnBurke
01-28-2018, 04:30 PM
Do not reply to the letter without legal counsel first. Retain legal counsel.

Westcoastdude
01-28-2018, 04:39 PM
Do not reply to the letter without legal counsel first. Retain legal counsel.

Is ALPA good?


JohnBurke
01-28-2018, 08:39 PM
Is ALPA good?

I don't understand your question.

Are you asking if an aviation attorney obtained through ALPA is okay? That really depends on the attorney, doesn't it?

What's important is that you get competent legal counsel on your side before you reply to the LOI. You have a limited time to get that counsel before the reply window closes, so seek the counsel soon.

tomgoodman
01-28-2018, 09:28 PM
Iím somewhat certain I sent the security department notice of my conviction but Iím not 100% certain as I was more concerned about keeping my medical.

This required report is in addition to the medical form you fill out for the AME, and equally important. I agree with John about the importance of promptly obtaining legal counsel.

https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/

Droopy
01-28-2018, 09:34 PM
I received a letter from the FAA today for not reporting my DUI within 60 days.

I reported the arrest within 60 days. Hereís what happened:

My conviction was 5 months after my arrest as court was backed up over the summer. By the time I was convicted I sent in all my DMVs records, court documents, psychiatric evals to the FAA. They were fully aware of the DUI and I even enrolled into my company HIMs program.

Iím somewhat certain I sent the security department notice of my conviction but Iím not 100% certain as I was more concerned about keeping my medical.

Also itís important to note the letter says I didnít report the incident in the INCORRECT state that I received my DUI. The state theyíre claiming I received a motor vehicle supension is incorrect and Iíve never been arrested in that state.

A little confusing. Did you report it within 60 days of your arrest or your conviction?

Westcoastdude
01-29-2018, 12:55 AM
I reported it within 60 days of both the arrest and conviction.

The letter states I didnít report a incident in NC. There was never any incident in NC, it happened in a different state.

tomgoodman
01-29-2018, 01:04 PM
I reported it within 60 days of both the arrest and conviction.

The letter states I didnít report a incident in NC. There was never any incident in NC, it happened in a different state.

If the FAA has made a mistake, itís important that your attorney take prompt action before the mistake ripens into a suspension of your airman certificate. The letter you received has raised the stakes, because while a DWI is not a violation of FARs, failure to report one usually is.

Westcoastdude
01-29-2018, 01:27 PM
If the FAA has made a mistake, itís important that your attorney take prompt action before the mistake ripens into a suspension of your airman certificate. The letter you received has raised the stakes, because while a DWI is not a violation of FARs, failure to report one usually is.

Makes sense. We send information that should clear it up.
Thanks all

JamesNoBrakes
01-29-2018, 08:56 PM
If the FAA has made a mistake, it’s important that your attorney take prompt action before the mistake ripens into a suspension of your airman certificate. The letter you received has raised the stakes, because while a DWI is not a violation of FARs, failure to report one usually is.

I have no idea how FAA security/medical conducts their investigations, only Flight Standards. As this is not a Flight Standards issue, my advice here is only worth 2 cents, but in the case of AFS (Flight Standards), we usually want to know if the information we have is incorrect so we can save having to write huge cases and send them to legal, which usually turns into a months-long process. If you feel more comfortable having a lawyer contact the FAA to do this, go for it, but be sure to explain the situation to the lawyer and try to get to the issue in question. I've seen many investigations where the lawyer threw up a huge "wall" that did no one good in the end, neither the airman or the FAA, communication can save both parties lots of time and wasted efforts. If I was on the other side, I'd want to see what the FAA "has against me", but the lawyers almost never ask for this. There's no reason to hide this, because again, it's going to go to court (potentially) in the end anyway. This process might require you to be a little tenacious with the lawyer. The legal counsel on the FAA side (like a prosecutor) is only at the very end of the legal process and they don't want to be handed a pile of crap at the end that they can't possibly take to court, there are supposed to be checks and balances in the system to prevent that and they generally do not want to send out notices of proposed certificate action (what you fight in court) that they cant win, again, it just usually does no one any good.

In the AFS world, we've generally moved away from enforcement cases like this and to Compliance Philosophy, except in very extreme cases, which usually involve a flight or flights with a long list of willful FAR violations or things like egregious reckless endangerment (stand-alone reckless behavior is very hard to prove, so it has to be pretty significant, like running drugs, trying to hit someone, etc.). FAA Security and Medical is not part of Flight Standards, so not covered under the same enforcement rules (at this time).

JohnBurke
01-30-2018, 02:46 AM
They're from the FAA and they're here to help. They wouldn't be allowed to say it if it weren't true.

What could go wrong?

The fact that you've been sent a letter of investigation, and it's the first step in the enforcement process, is a just a coincidence, right?

Westcoastdude
01-30-2018, 04:41 AM
Why would the FAA want to take enforcement action for a honest mistake? I correctly reported the arrest, and the conviction which came months after.. well that paper may have been lost in the mounds of paperwork I had to file for my medical. I wasnít trying to hide anything and Iíve been more than honest and transparent throughout this 8 month process.

Itís extremely frustrating to say the least, and why most airman highly criticize the agency.

PerfInit
01-30-2018, 04:51 AM
LOIís are normally ďdismissedĒ with no further action when an airman or their attorney provides objective and credible evidence that disproves the alleged violation.

Per ďPilotís Bill of RightsĒ, you have the right to receive copies of all information that the FAA is relying on to generate this allegation. You or your attorney should ask FAA for all the records as you have every right to have them.

Also, if you have not yet done so, recommend you request a copy of your complete Driving record from the NDR. Hang in there!

Westcoastdude
01-30-2018, 05:46 AM
LOIís are normally ďdismissedĒ with no further action when an airman or their attorney provides objective and credible evidence that disproves the alleged violation.

Per ďPilotís Bill of RightsĒ, you have the right to receive copies of all information that the FAA is relying on to generate this allegation. You or your attorney should ask FAA for all the records as you have every right to have them.

Also, if you have not yet done so, recommend you request a copy of your complete Driving record from the NDR. Hang in there!

Thanks. I have all my driving records as I had to send them to the FAA for the DUI. I resent all info.

Flykilbosa
02-19-2018, 06:43 AM
They're from the FAA and they're here to help. They wouldn't be allowed to say it if it weren't true.

What could go wrong?

The fact that you've been sent a letter of investigation, and it's the first step in the enforcement process, is a just a coincidence, right?


^^^^^^^^^^^^^^ this



Search Engine Optimization by vBSEO 3.6.1