possible FAA action... flight or fight?

TaxSrv wrote:
wrote:
So far I believe they're open to plea bargaining though I'm still
trying to decide what my position needs to be when I go in to the
"informal" interview with their attorney.

I'm contacting an attorney though my purpose in bringing up this
subject with all of you was to get a broader perspective.


I don't have experience with FAA, but many years with other fed civil
enforcement. If similar, they don't have to "bargain" with you,
unrepresented, if they don't wish to. An attorney experienced with FAA,
however, can assess any weaknesses in their case and bargain along those
lines.

Keep in mind that under administrative rules, they don't have to
bargain with anybody, lawyer or no, if they do not wish to.

If they can cut a deal with you up front, it's less time and paperwork
for them, and depending on the incident, inspector, FSDO, and phase of
the moon, having a lawyer there may compel them to cut a deal, or throw
the book at you. I wouldn't go in without at least consulting a lawyer,
but sometimes you catch more flies with honey. If the lawyer is not a
local, it might be helpful to consult one of the more experienced local
CFIs or a pro pilot you know who may know the people you'll be dealing
with.

-cwk.

wrote:
...
having a lawyer there may compel them to cut a deal, or throw
the book at you.

The orig poster is already at the level where he's talking to an FAA
attorney, so FAA is not going to react negatively to the appearance of
an attorney. I suspect that they'd prefer to talk to an attorney at
this level, rather than arguing with a violator who's not doing it
correctly or relevantly.

Fred F.

FILE a NASA report if 10 days hasn't gone by.


"Steve Foley" wrote in message
...
Personally, I wouldn't be bothered too much by a six-month suspension. I
think when they pull your certificate, you need to re-test for everything
again. Depending on what ratings you have, that may get expensive. I know
for the private you'll need three hours in the past 60 days in preparation
for the test.

What I wonder about is what having that on your 'record' may do in the
future. What comes to mind is the guy who pleaded to indecent exposure for
taking a leak in public. The $50 fine was much easier than hiring a
lawyer.
Many years later he finds out that he must now register as a sex offender.

What happens when they decide that your certificate is no longer good for
life (like they did with the Firearms ID)? You need to re-apply, and they
deny you or hold you up because you once lost it?

wrote in message
oups.com...
I got in a little trouble with the FAA and they want to take my license
for 6 months. Now their case isn't too strong (and based very much on
the subjectivity of "safe" and not on any clear cut violation of a
FAR). I'm trying to decide whether to fight it (expensive attorney
fees) or just suck it up and take some time off flying (which I
desperately don't want to do since I fly a lot and use my plane for
business).

1. Will this follow me the rest of my life or is it like speeding
where after so many years (3, etc) it's off your record?

2. What are the implications of having a violation on my record if I
decide to get a flying job in the future? How seriously do employers
look at violations? Is it a thing where I won't even get called in
for an interview if I have one on my application or will they normally
call me in so I can explain things in an interview?

3. Any rough idea how it affects insurance rates if there's a
violation (like XX% or something)?

4. Is it worth fighting the FAA- how often do folks actually win?
I've only heard horror stories and it seems like a GA pilot really
doesn't have much of a chance.

5. How negotiable is the FAA regarding the 6-month suspension- have
any of you been able to talk them into something else like a shorter
time (30 days or 60 days) or maybe community service?

I would appreciate any comments from folks that have been through this
before (vs just speculation).

Frank

On Thu, 25 Aug 2005 07:34:23 -0700, "RST Engineering"
wrote:

You may want to see a doctor about that.

I thought it was off to the vet when they do that.:-))

Roger Halstead (K8RI & ARRL life member)
(N833R, S# CD-2 Worlds oldest Debonair)
www.rogerhalstead.com

{;-)


Jim

wrote in message
roups.com...

Please tell him I said hello and I'm still spraying.

"Roger" wrote in message
...
On Thu, 25 Aug 2005 07:34:23 -0700, "RST Engineering"
wrote:

You may want to see a doctor about that.

I thought it was off to the vet when they do that.:-))

If he hits the fire hydrant 8 out of 10 times he is probably OK.

Roger Halstead (K8RI & ARRL life member)
(N833R, S# CD-2 Worlds oldest Debonair)
www.rogerhalstead.com

{;-)


Jim

wrote in message
roups.com...

Please tell him I said hello and I'm still spraying.

On 24 Aug 2005 14:16:33 -0700, wrote:

I got in a little trouble with the FAA and they want to take my license...
I'm trying to decide whether to fight it...

Frank, FWIW, I've been up against them three times. On none of the
occasions did I hire an attorney, couldn't afford it, though some
advice (like not volunteering any information AT ALL) on the third one
would have been useful.

The first time I was guilty as hell and stupid too (doing snap rolls
on downwind in the traffic pattern is stupid, which is what comes of
being a young guy with his first airplane). They proposed $3000 civil
penalty or 3 months suspension; I bargained them down to $500, in 5
monthly installments.

The second time I wasn't guilty (of their laundry list of "violations"
arising from a forced landing) and had witnesses to prove it, and they
dropped it.

The third time I wasn't guilty but they had a lying witness (a guy who
hates all airplanes). I accepted a 3 month suspension (bargained down
from longer if I recall) since (though I didn't tell them this!) I had
just disassembled my airplane for a recover job and wouldn't be flying
for awhile anyway.

All this was some years ago.

-Dana
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