Letter of Investigation
I received a letter from the FAA today for not reporting my DUI within 60 days.
I reported the arrest within 60 days. Here’s 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. I’m somewhat certain I sent the security department notice of my conviction but I’m not 100% certain as I was more concerned about keeping my medical. Also it’s important to note the letter says I didn’t report the incident in the INCORRECT state that I received my DUI. The state they’re claiming I received a motor vehicle supension is incorrect and I’ve never been arrested in that state. |
Do not reply to the letter without legal counsel first. Retain legal counsel.
|
Originally Posted by JohnBurke
(Post 2514007)
Do not reply to the letter without legal counsel first. Retain legal counsel.
|
Originally Posted by Westcoastdude
(Post 2514015)
Is ALPA good?
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. |
Originally Posted by Westcoastdude
(Post 2513985)
I’m somewhat certain I sent the security department notice of my conviction but I’m not 100% certain as I was more concerned about keeping my medical.
https://www.faa.gov/about/office_org...airmen_duidwi/ |
Originally Posted by Westcoastdude
(Post 2513985)
I received a letter from the FAA today for not reporting my DUI within 60 days.
I reported the arrest within 60 days. Here’s 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. I’m somewhat certain I sent the security department notice of my conviction but I’m not 100% certain as I was more concerned about keeping my medical. Also it’s important to note the letter says I didn’t report the incident in the INCORRECT state that I received my DUI. The state they’re claiming I received a motor vehicle supension is incorrect and I’ve never been arrested in that state. |
I reported it within 60 days of both the arrest and conviction.
The letter states I didn’t report a incident in NC. There was never any incident in NC, it happened in a different state. |
Originally Posted by Westcoastdude
(Post 2514170)
I reported it within 60 days of both the arrest and conviction.
The letter states I didn’t report a incident in NC. There was never any incident in NC, it happened in a different state. |
Originally Posted by tomgoodman
(Post 2514653)
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.
Thanks all |
Originally Posted by tomgoodman
(Post 2514653)
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.
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). |
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? |
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 wasn’t trying to hide anything and I’ve been more than honest and transparent throughout this 8 month process.
It’s extremely frustrating to say the least, and why most airman highly criticize the agency. |
LOI’s are normally “dismissed” with no further action when an airman or their attorney provides objective and credible evidence that disproves the alleged violation.
Per “Pilot’s Bill of Rights”, 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! |
Originally Posted by PerfInit
(Post 2515185)
LOI’s are normally “dismissed” with no further action when an airman or their attorney provides objective and credible evidence that disproves the alleged violation.
Per “Pilot’s Bill of Rights”, 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! |
Originally Posted by JohnBurke
(Post 2515152)
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 |
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