Drivers License Revocation Questions

[smokey999]

Here's the deal. I was charged with DUI. Went to court for the license hearing to fight the automatic license revocation. I won and they recinded the revocation, or overturned it, and refunded the fines I had to pay to get it back. I was offered a dry careless.(careless without any notation of alcohol) My DMV report just says "careless driving". I just had an interview at a regional. (I know this is the majors category, but I thought some of the people browsing here might have a good answer too.) Was asked over the phone, any alcohol driving offenses? I answered no. Asked any violations? I said I have a careless driving. On the application I checked that my drivers license has never been suspended or revoked. If by some reason the NDR screwed up and didn't remove the revocation, do you think this would come across as me lying? Also, even though the careless driving stemmed from a DUI, it is not an "alcohol offense". Do you think they would see it the same way. I was never asked about it in the interview, surprisingly.

 

[Flying Freddie]

It does not matter what the outcome was. It goes on the record of what the charges were! I used to review the background reports from the driving registry. This was a few years back.

 

[smokey999]

So, are you saying the NDR will say I was charged with DUI, and I have a revocation?

 

[Flying Freddie]

It just shows the charge on the ticket. Nothing else.

 

[smokey999]

Let me get this straight. If I was charged with DUI, and it was thrown out because the cop was found to be insane and on crack, my NDR would still show DUI?

 

[Flying Freddie]

That is the way it was two years ago.

 

[de727ups]

Did you notify the FAA about the DUI? I know you really didn't get a DUI but in the time that lapsed between the arrest and you winning the court battle, did you think you needed to report? Good move if you didn't and good thing the courts in your area move fairly quickly.

Can I ask on what basis the administrative action was overturned? You must have had a good attorney...

I don' think you lied at all during the phone interview and would have handled it the way you did had I been in your shoes. Checking your own DMV record was good. Is there a way you can check your NDR record like you can check your DMV?

 

[speedbird1974]

http://www.nhtsa.dot.gov/people/perform/driver/pub/PRIVACY.PDF

 

[hoop]

I have requested a NDR check in the past, and instead of stating what the offense was, it just said "there is a record which may pertain to you". Won't give you specifics, or at least it didn't in my case.

 

[smokey999]

The revocation was overturned due to "unreliable testing procedures". I'm pretty sure I'm OK. I really wish they would have asked me about it in the interview, that way I could have explained it in detail, and of course how I've learned from it. Do you think it would be a bad idea to include an addendum when I turn in my application, explaining the whole thing? i.e-I answered no to never having my license revoked, even though it was revoked for a period of time and then the revokation was overturned. I would hate to be yanked out of class for not being completely honest, or misunderstanding the question.

 

[Flying Freddie]

You should have thought about that before you answered. It is going to look bad if you tell them now because you did not answer truthfully. If you tell them now you admit you lied. You are in a tough spot. I hope you can work it out.

 

[PurpleTail]

Technically speaking...

IMHO...you answered the questions truthly. You were charged BUT not convicted of any felony or alcohol related laws.

I had a friend that I used to flight instruct with in the early 90's and he had a very similiar situation as you. Arrested for DUI...blew a .11...hired an excellent attorney...had it reduced to "reckless driving"...paid his fines...charged but not convicted.

How could this happen you say?? It was back in the late 80's when DUI wasn't as big of a deal as it is these days. Conclusion...he went on to fly corporate, then regionals and now he flies for American Airlines out of DFW. He never brought up the sitiuation and checked all the same boxes as you did.

Do your homework, request ALL the records your employer is going to request, know what they are going to know and always be prepared BEFORE you go to the interview.

Good Luck.

 

[de727ups]

I wouldn't say anything..

.....unless your NDR report confirms your worst fears. Your DMV report backs your story....as does the lack of need to report to the FAA. These were the things you based your decision to keep quiet on. (you will need to report the careless on your next medical) You could also say that they way the question was asked to you on the phone, it was your best judgment at the time to answer the way you did. It's just my opinion that you could create more of a can of worms for yourself by bringing it up now than if you just let it ride and deal with the possible rug dance you probably won't have to do later.

 

[learjetguy]

Ten year background check

For what its worth, the airlines are required to do a ten year ARREST record check. If you were arrested for DUI then even if you were not convicted of it (thanks to a good lawyer), the airline will still find out about the arrest. It seems to me that there is no way to keep it from them so you are better off just admitting the mistake.

Learguy

 

[JB74]

FBI Background Check

Here is info I copied from a past post:

Submit a written request to the FBI that includes your complete name, address and date of birth. Provide a copy of your passport (preferred), driver's license or other gov't issued proof of identity, along with a complete set of rolled-ink fingerprints. (You can get this done at your local police dept. for a small fee.)

Send the written request, fingerprints, and $18 (certified check or money order made out to the U S Treasury) to:

FBI-CJIS Division
SCU-MOD-02
1000 Custer Hollow Road
Clarksburg, WV 26306

 

[Intruder One]

Go to Jet Blue they have no problem with DUI's.

 

[Flying Freddie]

Dear Intruder One,
Once again taking the high road. Maybe you need to get drunk and re-apply.

 

[Vladimir Lenin]

Go to Jet Blue they have no problem with DUI's.

I did a search on this, and the same statement comes up pretty often on flightinfo

does JB have a penchant for hiring drunks?

 

[GUNNER]

Smokey999,

I had a very similar experience in the mid 90's. I was found innocent of a DUI charge, however my license had been revoked for 10 days because I refused a breathalizer. Following the proceeding that found me innocent I had my record expunged, however, the license revocation would not disappear according to my lawyer although it might not officially indicate what it was originally revoked for. I did not report this incident to the FAA partly because of my own ignorance regarding their rules and partly because in my mind I did not want to admit that this was an alcohol related incident since I was found innocent and my record expunged. Wrong answer, two years later I received a registered letter from the FAA threatening action because I failed to report the incident on my FAA medical exam form. Lucky for me my brother-in-law is a lawyer and contacted the FAA who agreed to discontinue further action if I agreed to retake the physical and answer yes to question 17a.

At the time I was in the military and knew this would haunt me for a long time. When it came time to apply to the majors I sought expert interview advice and was encouraged to own up to this incident, regardless if the airline could find out or not, and turn it into something positive in any interviews I might face. It was felt that this option was much better than trying to hide it and role the dice during the interview or background checks later. I reported it on both applications I sent out along with the explanation I gave to you above. I received interviews from both airlines and hired by both. The incident came up in both interviews and we talked about it. I did not try to blame it on anyone else or not accept responsibility, instead stressing what a learning experience it was blah, blah, blah.

I guess what I am trying to say is you might want to report it in the future, it will certainly reduce your stress and when you do get hired you will not have to be continually looking over your shoulder wondering if you could ever get fired for lying on an application when a mandatory background check uncovers it. I know of a lot of guys out there who have had similar situations and worse that have gotten hired. Good luck.

 

[smokey999]

Thanks for the replies. I got offered the job today and am very exited. Since reading all the posts and doing some serious research I feel much more comfortable. My main concern wasn't getting caught in a lie, because I didn't lie. Since my revocation was rescinded, it really didn't happen. Basically it means the court said "we were wrong, we're going to erase this, and refund your fees". Also, no matter what the record shows, what I was asked was whether I had an "alcohol offense". Even if the records show I was charged with DUI and pleaded down to a dry careless, I still did not lie. Plus, its not like I bent the truth or skirted the issue in the interview. They were aware I had the careless before the interview and chose not to ask about it. Here is one little piece of information I found out. The NDR doesn't neccisarily hand out a list of your violations to the air carrier requesting it. The report just says the states you have a record in and gives the phone number for that driving records office. This means that if you are on file at the NDR, really you can see what is on file by checking with the state. Below is directly from NDR page.

Air Carriers for Pilot Applicants

The Pilot Records Improvement Act of 1996 requires an air carrier, before hiring an individual as a pilot, to request, with the individual's written consent, the Chief Driver licensing official of a state to perform a National Driver Register (NDR) file check. Any information you receive from the NDR should be made available to the employee. If you receive information from the NDR indicating that an individual is on file you will be provided with the name of the State, the address and telephone number in order to request a copy of the driver record to verify that it is the same individual. Information on the NDR file that was reported by the States during the past 5-years and any withdrawal action still in effect will be disclosed.