Dr Forred: 18(v)(w)

Jamie123

New Member
Good Afternoon Dr. Forred,

I'm currently renewing my medical but I'm having a hard time deciphering question (18v,w) in regards with an incident that occured in 2011. To make a long story short, I made a poor decision and was out with a few other people at a state lookout, where I was arrested for hindering my own apprehension and under the influence of a CDS.

Result:
I went to court and the "under the influence of a CDS" charge was Dismissed. The hindering charge was amended to "failure to obey a lawful order". The amendment came with two park citations, littering and creating a hazardous condition.

As I review the breakdown of question 18v, It ask for history of arrest and/or convictions that included driving intoxicated or resulted in suspension, cancellation or revocation of driving privileges or attendance at educational or rehabilitation program. None of which was the case.

As for 18w, non traffic convictions, which is my understanding where this would be applicable, being that one charge was dismissed and the other amended. I do not have any felonies or misdemeanors on my record. Where I live, these are considered municipal ordinances/disorderly persons and the result of a dismissal usually allows for a smooth expungement.

I am currently working on getting this whole incident expunged however I'd like to apply for my medical certificate this month at which time, the incident will not have been expunged yet. I called a lawyer whose understanding was that these are not reportable offenses for my medical, however given that it's my tail on the line, I figured I'd get another opinion from a senior AME.

If the answer is that I do or should answer yes to either, is it a case in which the AME will defer to the FAA or may issue with explanation?

Anyone looking to reply in an unproductive manner, save it, these are lessons learned long ago.

Thanks in advance.
 
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Just report it the way you explained it here and state it is in process. The FAA does not like to see people dance around the requirement to report. A single incident is nothing. They are looking for a trend where one does not play by the rules - an implication that one may not follow the FAR's.

You can ask the Aviation Attorney on that forum here for further legal interpretation.
 
That is up the the AME. It depends on their experience and comfort level in doing so. Some will call OKC or the Regional Flight Surgeon for advice.
 
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