LivingAloft07

I just want you all to know I am very disappointed in myself, and very very embarrassed. I understand I put everything in jeopardy, but all I can do is attempt to present myself to the fullest, and pray for the best...ok here we go

A couple weeks ago I make the biggest mistake of my life, I drove intoxicated and was pulled over. I was pulled over for not using the turning lane, my reasoning was because it was snow covered, and I could not see the markings ( I have pictures from that night). Anyways I was booked for a DUI blowing a .13, and .128 at the station. I was then bailed and and so on. ok now about me, I am a 20 year old college student my PPL and about 65TT. My life long goal has been to fly for the airlines, and now I pretty much made it a lot harder, then it already is. I have hired a lawyer, and have a pre conference trial with the prosecutor on tuesay. My lawyer talked with the prosecutor and he said usually what he does is give 2 options, you can either take the DUI, or he would drop it to reckless driving, but he require about 2 weeks of jail time with that. I really do not want a DUI, nor do I want to go to jail. I do understand that I will have to pay for my actions, but I was wondering If any of you could possibly help me out.

For my pre trial confernece, I need to bring my A game. I have the pictures, my college transcripts, my pilots license, 3 letters of recomendation, supporting me, one of which is from my flight instructor. I need to also bring information of how both a DUI effects my pilots license and my future career, and how a reckless driving charge with about 2 weeks of jail time effects aswell. I have been checking with the FAA website but was wondering if any of you have been in this situation before.I am hoping that I can show him that I am a responsible college student who made a huge mistake and can learn from it. My lawyer said he may be able to get the reckless driving charge with no jail time, just community service and fines but I will have to bring the information on how bad this really is for my career. If anyone could help me out that would be really great, I am stressing trying to get my stuff together, with really no other pilots to ask for advice. I have already beatin myself up enough, but If you feel you need to remind me of how stupid I am then just go for it.... thanks in advance

LivingAloft07

Mods, please feel free to move this thread to another section if you think it fits. thanks

USMCFLYR

Vagabond - do you have advice for this young person?

USMCFLYR

Mason32

Don't forget to also bring a copy of the FAR requiring notification to the FAA for the DUI. It should help show how serious this is. I'd get the best lawyer you can get, even if you have to go on a payment plan. If, after reviewing the entire case he/she doesn't think they can pull you out with a not guilty, then you will have to face one of the alternatives being presented. Just because you blew the BAT doesn't mean they automatically have a winning case. Most state DUI/OUI laws require some form of impaired operation (speeding, running a red light, weaving....) in your case they have an impropper lane change, which can be mittigated due to the road conditions which you have photo's of. Were any field sobriety test conducted? If so, were they in full compliance with NTSB guidelines? With snow covered roads, I'd be willing to bet you were not provided a solid line to walk heel/toe...
there are lots of places that an OUI/DUI case can go south... don't write yourself off so easilly. Sure, you obviously did it... but if the state is cutting corners, and not doing their job properly... what's to say the next guy doesn't get railroaded. Talk with your attny. If it were me, I'd be hiring the law firm of your home state's speaker of the house, or other prominent legislator.... it's hard for a judge to argue intent of the law, when the guy/gal arguing the case wrote it.

LivingAloft07

Thanks mason for getting back to me. K I will get on the FAR stuff. I was refered to my attorney by a former house of rep from Idaho. This guy was the assistant attorney general of Idaho, So I'm thinking hes pretty good. What would be the best way to show the prosecutor what both the DUI and reckless driving can do to my future career? I found the DUI in the FAR/AIM and I am going to make a copy of it, what could I bring that would show what the reckless and jail time would do? In the case where I am offered a conviction of DUI or reckless driving with about 20 days of jail, what would be the best. Reckless would be better Im sure but the 20 days of jail really isnt appealing. How does a reckless driving misdeminor look on a backround check?Thanks

vagabond

I'm sure a former assistant AG is a good lawyer, but does his experience include representing airline pilots in DUI cases? These are unique and special cases that ought not be left to chance.

Another point - the correct way to refer to the statute is not FAR/AIM, but 14 CFR Part 61. And in your case, it is specifically 14 CFR 61.15.

Below is a portion of Section 61.15 that applies to you:

(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

Ask your lawyer to consider asking for a deferred prosecution. I do not know if your state has such a program for DUI. The bottom line, as you know, is to not get a conviction of DUI, cancellation, suspension or revocation of your driver's license. One argument is to attack the reliability of the breathalyzer. These types of evidence will be done in the trial itself.

Regarding the two options from the prosecutor, ask your lawyer to "negotiate" some more for a better deal. Something like reduce it to reckless driving, you will do 50 hours of community service, no jail time, and absolutely nothing on your record. This is your first offense, right?

As for the pretrial conference, it might help to have testimony from an expert witness, who will testify that a conviction or suspension on your record will greatly jeopardize your ability to obtain an airline transport certificate. Ask your lawyer if this is a good idea and if so, who you should ask. Maybe your CFI or the head man at your FBO?

Are you sure all this will happen at the pretrial conference? When I have one of these conferences, it is about procedure and the trial schedule, and there is no testimony from anyone. In fact, the defendant almost never shows up. Perhaps it is different in your jurisdiction.

LivingAloft07

Vagabond, Thank you for your response. My lawyer is currently negotiating with the prosecuting attorney, informing him of my situation in Aviation. Yes, our goal is to hopefully work out a way for me to get a deferment but I believe my license will be suspended for 90 days according to the law in the state of Idaho. I do have a letter from my CFI that expresses his concern on how the charges will effect my future in aviation training, and career. My lawyer said that usually the prosecutor will offer a deal after I have a chance to explain to him my situation, which hopefully he will drop the jail time off of the reckless driving charge. Then it goes before a judge who I believe has to over see it. My lawyer wants me to come to the pre trial conference to show the prosecutor who I am, and to show him that this huge mistake really puts my career in jeapordy. This is my first DUI offense. In your opinion what else do you think will help my case. So far I have 3 letters of recommendation(or support), 1 is from a judge, another from a different attorney, and then one from my CFI. I am planning on bringing in the FAA forms to show him what will happen to my license and future career, I am still looking for something to show him the consiquences of reckless driving, would it be the same as section 61.15, being that if my license is suspended? I guess I am just a little confused on how to explain it to him. Thanks again, I really do appreciate it

jban642

1st of all you admitted to this DUI and the police have evidence that prove that you where driving under the influences. In my book this is inexcusable. 1st off your not even old enough to drink and 2nd off it does not matter how the police caught you, it was you did something totally illegal and dangerous. I am a firefighter/paramedic that is SICK( i am also a pilot) of seeing family rewened because of such DUMB decisions. You souled not be think of your self,think of all the people that you put at risk that night. Not only could you have killed you self you could have kill my family or even worse a little child or her mother and father leaving a child and family behind. If you where wrong witch you admitted to be a man and take your punishment like a MAN. There is nothing more then makes me mad then DUI. I personally don't care that it might of ruined your life because it could have messed up some Else's life BIG TIME. I hope I made my point.

floridaCFII

I know a couple of guys who've still managed to get jobs with DUIs... it will certainly make it more challenging for you though. I would suggest using the court system and your rights to the fullest extent possible though.

It would be much better for you if you were found not guilty or if you were able to get a reduced sentence. You want to have no "motor vehicle actions" at all... a reckless/careless driving ticket (or an illegal lane change citation) with no suspension of your license would be a good outcome.

LivingAloft07

You are completely right, I did endanger many peoples lives and do deserve any punishment and should take it like a man. I have always thought that people whom receive DUI's deserve the harshest punishment. I never saw the day coming that I would be the one getting the DUI. I cant tell you why I got behind the wheel after I had been drinking. I do not take chances like that, that is not who I am. For some reason that night was different and I honestly will never forgive myself for what I have done and not a day goes by that I dont think about what could have happened to others that night. I have never beatin myself up like this before, and I can honestly say that this will never happen again. There is no way to appologize to the community that I put in jeapordy that night, other then to honestly learn from my mistake. I as well as anyone would like to avoid jail time. I feel that performing many hours of community service would do more for the community, then to sit in a jail cell. I have heard your opinion from many many people, and I deserve to feel like an inconsiderate a**hole. Thank you for the reminder. point noted