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-   The Pacific: General Aviation & Questions (https://www.pprune.org/pacific-general-aviation-questions-91/)
-   -   Drink driving - anyone gone pro with a DUI charge under their belt? (https://www.pprune.org/pacific-general-aviation-questions/320080-drink-driving-anyone-gone-pro-dui-charge-under-their-belt.html)

Islander Jock 31st Aug 2008 07:19

I may be wrong but I don't think a drink driving offence is one that would preclude you from obtaining an ASIC. It is more crimes related to violence (including weapons), drugs, fraud, immigration or politically motivated activities that they take a closer look at.

Kiwiguy 31st Aug 2008 08:12

In NZ they can turn you down for a PPL with too many speeding tickets as simply not a fit and proper person.

Sooner they erase the Patriot Act and Bush's noddies from history the sooner the world can regain a sense of perspective... Go Obama

Blogsey 31st Aug 2008 15:28


but i would not touch alcohol for at least 24 hours before signing on
ahhh, thanks for a laugh......:}

sms777 1st Sep 2008 00:47

Blogsey
 
I am glad you have a sense of humor :E ;)

control snatch 1st Sep 2008 01:22

I have a similar issue. I should have enough hours + ATPL to start applying to a major carrier in about 2-3 years from now but.....

Last year I was arrested in Adelaide for "Attempting to Re-enter". To translate this means I was booted out of a pub (yes I was drunk). The cops happened to be floating around the pub at the time and told me to leave. About half an hour later I came back and tried to tell the bouncer that I had sobered up a bit and asked to get back in. Cops came back, next thing I was in cuffs, then paddy wagon, then down in the cells for the night.

I ended up having to go to court, got $150 fine and "No conviction recorded".

This all happened about 18 months ago now and ever since then I have been quite concerned about my chances of getting into an airline. I asked my lawyer about what ramifications it may have for me and she laughed it off saying it was such a minor offence, but I am not convinced.

Monopole 1st Sep 2008 01:44


I maybe wrong, again, but I think D.U.I. is a criminal offence and P.C.A. is a driving offence

In New South Wales, there are effectively five categories of prescribed concentration of alcohol (PCA) offences. Novice range PCA means a concentration of less than 0.012 grams of alcohol in 100mls of blood. This category usually applies to holders of learner or provisional licenses. Special range PCA means a concentration of between 0.02 grams and 0.05 grams. This category includes a variety of license holders including persons who have had licenses suspended or cancelled and persons driving a vehicle on a professional basis. Low range PCA means a concentration between 0.05 and 0.08 grams of alcohol. Middle range PCA refers to a concentration 0.08 and 0.15 grams of alcohol. High range PCA refers to a concentration of more than 0.15 grams of alcohol.

Each category of PCA offence carries a specific penalty. While the recent guideline judgment refers specifically to high range offences, offenders should realise that the Court may refer to the guideline when sentencing an accused for the other categories of offence.

The guideline judgment states that a person who commences to consume alcohol outside of his or her home must appreciate that they run the risk of reaching a level of intoxication at which it is a criminal offence to drive a motor vehicle. The Court also notes that as more alcohol is consumed, both the risk and potential seriousness of the offence increases. This consideration is relevant to the level of culpability in PCA offences.
I read this as DUI/PCA not being a traffic violation but a criminal one (in NSW at least which the original poster seems to live).

But IJ is right, it wont effect your ASIC claim and nor will several other more serious criminal (traffic related) offenses.

Turban 11th Mar 2011 04:42

Hi everyone...sorry to get back on this subject

I would like to ask for some advise...

I`m applying for an ASIC, for the first time, and... well I was arrested once, overseas, for exceeding speed limit and was ask to blow in a alco-mometer and got a 0.8g.


It was 16 months ago.Went to court. Couldn`t drive for 6 months. After some blood tests I got my driving licence back right away.

Oh, and btw it does not appear on my brand new criminal record (there is nothing on it actually:ok:)

So what? you`d say..

Well I`m french, and I don`t know how to put it on the CASA form...
I`ve read some terms like DUI/PCA , suspension/disqualification..

And I`m not sure in what situaton I was,considering the Australian laws..

So if anyone was kind enought to enlighten me that`d be great :ok:

Cheers and drive safely :}:p

Melbfly 2nd Apr 2018 06:55


Originally Posted by Stereo is a killer (Post 4007593)
Around 5 or 6 years ago, I got picked up by the boys in blue and blew 0.08 in their alco-mometer. Not the smartest thing i've ever done. Had my day in court to which I entered a plea of guilty and lost my licence for a couple of months.

Roll on to present day. I now have 1500 total, 500 multi, and all ATPL subjects, yet the regionals won't have a bar of me. Just curious if there are any people out there who've gone pro with a DUI charge under thier belt, or will I have to wait until spent convictions kicks in?

Thank you dears

Killer


Hey just wondering since this is 10 years ago (and if you're still a member here) any chance you got your questions answered? Did you find work?
I have a similar problem - blew .072 so never had to go to court and it's not on any records except driving records. Do airlines in Oz ask to see driving records? Or is it just the police check?

Cheers

LeadSled 3rd Apr 2018 06:10

Folks,
One of the killers is that even such an insignificant record can limit you from entering certain countries for aviation training purposes, a disincentive if the potential employer ever uses Flight Safety, CAE or similar for training, particularly simulator training.
Look at every avenue to getting the record wiped clean.
Tootle pip!!

Melbfly 3rd Apr 2018 06:26


Originally Posted by LeadSled (Post 10105720)
Folks,
One of the killers is that even such an insignificant record can limit you from entering certain countries for aviation training purposes, a disincentive if the potential employer ever uses Flight Safety, CAE or similar for training, particularly simulator training.
Look at every avenue to getting the record wiped clean.
Tootle pip!!

Hi,
I'm not following what you mean re. the Flight Safety or CAE... ? Just to clarify I don't actually have any criminal record. This is just a driving thing that attracted a fine.
Ta

FL235 3rd Apr 2018 06:38

A true story from the "bad old days" that shouldn't be considered funny but..
Regular CPL medical, dramatis personae Examiner (Jim Jacobi, for those who knew him) & me.
Ex. The boys in Canberra have been hearing stories about drinking habits up here, so I have to ask you, "Do you drink"?

Me Oh, yeah.

Ex. How would you describe your drinking?

Me Just social.

Ex. Yes, we've all heard about "social drinking", we need to get a bit more specific. If you go to a party, what do you drink?

Me Scotch.

Ex. Would you drink a bottle of scotch?

Me NO! Well, maybe half a bottle.....

Ex. No problem, that's social drinking...

Dangly Bits 3rd Apr 2018 06:42

Just lie!

Wasn't me, can't prove nuthin!

limbang 3rd Apr 2018 10:29

Have a look at spent convictions. The Scheme is outlined in Part VIIC of the Crimes Act 1914 (Part VIIC). Each State and Territory has similar legislation. Basically, if a conviction is spent, it does not have to disclosed.Some prescribed convictions are not subject to the non disclosure provisions.

hiwaytohell 4th Apr 2018 06:59

In Queensland drink driving is considered a "simple offence" or "summary offence" that can be summarily be dealt with by a magistrate.


An "indictable offence" either a crime or misdemeanor, must be prosecuted on an indictment before a judge and jury in the District or Supreme Court.


I have been advised that a conviction for a summary offence is not usually considered for ASIC and other checks. Nor for most foreign Visa's, with Canada being a exception I believe.


Convictions for an indictable offence will be considered for ASIC and some other police checks.


At our company you must fill out a questionnaire, and I have seen on occasion certain charter customers have specified no crew with criminal convictions including drink driving. The operable word being "convictions".

LeadSled 4th Apr 2018 08:30


I'm not following what you mean re. the Flight Safety or CAE... ? Just to clarify I don't actually have any criminal record. This is just a driving thing that attracted a fine.
Melbfly,
If you are entering the US for flying training you must have the appropriate visa. The legislation that lays down the conditions say that you must declare any aviation related charge --- not conviction, charge.
Given the Australian aviation law is all criminal law, this presents a problem.
A number of countries, US and Canada being two, take a very dim view of DUI, however described, and not limited to aviation matters, you must read the fine print very carefully, as to whether it is just being charged that counts, not necessarily a criminal conviction.
ie: Being let off under a "first offenders", "no conviction recorded" type clause still counts.
With aviation security, the wide sharing of databases is very efficient. I friend of mine was turned around at KLAX, just as a visitor, the "aviation criminal record"was that he had had a run-in with CASA over a minor maintenance issue and fined.
Tootle pip!!

kaz3g 4th Apr 2018 08:39


Originally Posted by Melbfly (Post 10105726)
Hi,
I'm not following what you mean re. the Flight Safety or CAE... ? Just to clarify I don't actually have any criminal record. This is just a driving thing that attracted a fine.
Ta

If you were fined in Victoria for exceeding the prescribed concentration of alcohol (0.05%) you have a criminal record that can be brought up as a prior offence.

It's not a serious offence but it still could have been dealt with in court and (although most unlikely) could have attracted a sentence of imprisonment.

Kaz

VH-MLE 4th Apr 2018 08:40

"I friend of mine was turned around at KLAX, just as a visitor, the "aviation criminal record"was that he had had a run-in with CASA over a minor maintenance issue and fined."

What was his name? Ivan Milat?

You always manage to make up some BS story that somehow involves CASA...:=

LeadSled 4th Apr 2018 09:00

MLE,
It is not the only one I could quote, and if you feel it is all just bulldust, try turning up at the counter at KLAX arriving from AU, with a similar conviction, and see how you go.
It was a pity for the whole family, they were off the Disneyland. How did I find out, I brought him home, deportees have to be accepted by the Captain, and as soon as I saw the name, I knew it was a person I knew very well.
I could, but of course I will not, name his name, business, the names of the AWIs involved, and the precise details of the case, including whether a LAME is entitled to accept and fit a component from another (then) CAR 30 org., with appropriate return to service paperwork, without further investigating whether the component is/was airworthy.
If you were in CASA at the time, or around YSBK, the above is almost enough to identify the case.
Tootle pip!!

islandwings 26th May 2022 23:33

Hi Stereo, Were you able to fly and obtain an Asic without any dramas? Just curious as I am about to enter the industry with similar circumstances. I hope is a positive outcome. :)

Senior Pilot 26th May 2022 23:49


Originally Posted by islandwings (Post 11236182)
Hi Stereo, Were you able to fly and obtain an Asic without any dramas? Just curious as I am about to enter the industry with similar circumstances. I hope is a positive outcome. :)

Since the OP has not signed in to PPRuNe since three minutes after he made the original post, I think that asking fourteen years later is unlikely to get a response from him 🤔🙊


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