Possession reduced to misconduct

J

Jiapath

New member
If not arrested and ticket was reduced to misconduct will my son be able to Pass his third grade medical exam and get his commercial pilots license. Supposed to start Delta flight program in middle Georgia in the fall. I just don’t want him in his third year taking his third grade medical exam and they disqualify him it is very expensive do you have any suggestions for me?
 
Unit74 said:
Tell me, where is the legal standing for the FAA to use past accusations found not guilty or unsubstantiated against someone in a medical action? Has it been challenged by the Supreme court yet? To me it runs afoul of the 6th and perhaps the 7th Amendments at minimum. Guilty even if proven innocent seems to be the FAAs position. What gives them the right to cut across the grain of our legal protections?
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The airways were “Federalized” in the 30s, frankly without any real serious consideration of Constitutional implications, and no real fight. Remember the CAB used to actually set airline ticket prices and who could fly which routes until 1978.

Since then it has just continued in that vein. It would be a huge fight (millions of $) to challenge this in court with low probability of success, though perhaps more now than decades ago.

The legislative approach has had more success - witness BasicMed.
 
Unit74 said:
I disagree. He was arrested Bruce. Custody plus transport is an arrest. A person can be unarrested at any point, but it is an arrest. What was not done was prosecution. In California, this is an PC849b release. Prima facia the arrest is a reportable incident to the FAA.
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I think this may depend on the state and their definitions.

Also normally depends on the length of time I believe. If it is a “brief” stop for investigation, often not an arrest.
 
Palmpilot said:
Is there a way that the person could check his own arrest record?
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Usually the appropriate law enforcement agency will provide your own record to you. Just call their records department with the incident number from the report or your name and date of incident. If none is found, well there you have an answer of sorts.
 
JOhnH said:
@Unit74
I implore you to not go down that road. @bbchien is anything but ignorant and is one of the most authoritative contributors on this board. But nobody is perfect every time. You might be right about California, but I don't believe the OP was talking about CA.
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And in any case calling a user ignorant is an ad hominem and does not really address the issue under discussion. Also is usually considered rude in a public forum.
 
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