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-   -   Open container infraction? (https://www.airlinepilotforums.com/aviation-law/87950-open-container-infraction.html)

Fangsout 05-06-2015 05:12 PM

Open container infraction?
 
Received an infraction ticket non moving related in California for open container on the beach while on vacation. Punishment is fine only (Am over 21). Would this be considered something that would show up on a background check or should be filled out on the FAA medical form? Would this be considered an alcohol related offence and or cause problems renewing a medical?

Opinions?

Thanks.

rickair7777 05-06-2015 07:20 PM

FAA Medical Form:

18.V No

18.W Yes...but only if it's a misdemeanor. If it's not a misdemeanor (or felony) then maybe you don't have to check yes. If you think an infraction is not considered a misdemeanor in your jurisdiction and prefer to not report this I would talk to an aviation lawyer first, or at the very least google your state criminal code. Infractions are *generally* not misdemeanors but some jurisdictions may blur the lines.

I doubt this will show up on any background check, unless it happened in your county of residence and they have a searchable website which will list such cases if searched by name.

But this would be unlikely to hurt you unless you're interviewing at a major airline next week. Might be better just to disclose it and demonstrate honesty, unless the questions asked on the app (or at the interview) clearly do not cover infractions. This might raise eyebrows if you're over 30, an RJ CA or military O4...they might expect you to know better. Could always explain it was an honest mistake, you weren't aware of the rule at that location.

This is all just my opinion, of course talk to a lawyer before making significant legal decisions.

SevereClear1 05-07-2015 09:34 AM

I have something similar... and it happened in college. I mentioned it in my interviews when they asked..

Controlled Rest 05-13-2015 06:19 AM

geez you can't drink on the beach??

sourdough44 06-28-2015 06:36 AM


Originally Posted by Controlled Rest (Post 1879600)
geez you can't drink on the beach??


That's what I was thinking. Maybe next time just take a few 'minis' to pour in your Coke.(no driving until it wears off)

NotPart91 06-30-2015 06:51 PM


Originally Posted by Controlled Rest (Post 1879600)
geez you can't drink on the beach??

Not in parts of Komiforniatstan. They've ruined another part of Americana.

Glad I left years ago.

Here's another illogical one;

They couldn't care less about the Schedule I Drug being manufactured along with the associated Black Market Monies being laundered (tax free), but "The Wrath of the Law Shall Cometh Down for the Theft of California Water" :)

Police Say the Biggest Pot Raid in Years Wasn't Really About Pot | Mother Jones


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