Results
Aviation Attorney Results for Pilots: Achieving results for pilots is the goal of the aviation attorneys at Barnett Law Offices. The firm concentrates our practice of law in FAA medical certification and enforcement actions, as well as aviation injury matters.
The following is a small sampling of the Results we have achieved for Pilots and Certificate Holders.
FAR Exemptions:
FAR Exemptions: Granted an exemption to Federal Aviation Regulations for world renowned organization’s efforts to assist endangered bird species in migration process.
Medical Certification Results:
DUI
FAA Medical Certificate Denial for Alcohol Dependence: Successfully returned airman to flying status after filing Petition for Review to NTSB Office of Administrative Law Judges for airman denied FAA medical certificate for substance (alcohol) dependence.
DUI Reporting: Successfully returned airman to flying status after failure to properly disclose DUI arrest on FAA Form 8500 (FAA Medical Application).
DUI Conviction: Successfully reversed FAA Emergency Order of Revocation following a DUI conviction with BAC over .20 at hearing before an NTSB administrative law judge.
DUI Reporting: Successfully negotiated a reversal of an FAA Emergency Order of Revocation following a DUI conviction prior to hearing before an NTSB administrative law judge.
DUI & Felony Reporting: Assisted airman in reporting previous DUI and felony convictions without any further action taken by FAA.
DUI Reporting: Airman able to continue to hold medical certificate after failure to properly disclose DUI arrest on FAA Form 8500 (FAA Medical Application).
Failed DOT Alcohol Test: Successfully defended a pilot of failing alcohol test. Test was demonstrated to be improperly conducted. Case not pursued by FAA.
Alcohol Dependence Allegations: Pilot cleared of FAA accusations, retains medical certificate despite previous DUI with a high BAC.
ADHD
FAA Medical Certificate Denial for ADHD: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
FAA Medical Certificate Denial for ADHD and Use Of The Drug Vyvannse: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
Cardiac/Stroke
FAA Medical Certificate Denial for Cognitive Disorder Following Stroke: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge by inflight demonstration of competency.
FAA Medical Certificate Denial for Heart Pacemaker: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
Cancer
Cancer Survivor Medical Certificate Issued: Airman medical certificate returned after filing a Petition for Review of denial of medical certificate.
Drug Testing
Refusal to Submit to DOT Drug Testing: Successfully returned airman to flying status after allegedly failing to submit to pre-employment drug screening test due to shy bladder.
Refusal to Submit to DOT Drug Testing: Successfully reversed an Emergency Order of Revocation of an ATP certificate after allegedly failing to submit to a reasonable suspicion drug and alcohol test.
Enforcement Action Results
Emergency Order Revocation
FAA Emergency Order of Revocation for intentional falsification of airman medical certificate application (FAA Form 8500 or MedXPress) was settled without certificate action against ATP certificate.
Failure to Report DUI Arrest: Successfully reversed FAA Emergency Order of Revocation at hearing before an NTSB administrative law judge after airman failed to report an arrest for DUI on FAA Form 8500 (FAA Medical Application).
Pilot Logbook Falsification: Successfully reduced an FAA Emergency Order of Revocation to a suspension with an immediate return of certificate.
Letter Of Investigation
Careless or Reckless Charges: Successfully resolved an FAA Letter of Investigation with no further action after pilot was alleged to have flown under a bridge.
Ramp Checked Without Required Aircraft Documents: Successfully resolved matter at investigation level without further action.
Flight of Unairworthy Aircraft: Successfully defended pilot at the informal conference stage accused of flight in an unairworthy aircraft. Case dropped by FAA.
Unauthorized Crossing of Runway Hold Line: Successfully defended a pilot accused of crossing a runway hold line after being issued a Letter of Investigation. Case not pursued by FAA.
Note Of Proposed Certificate Action
FAA Medical Certificate Denial for Alcohol Dependence: Successfully returned airman to flying status after filing Petition for Review to NTSB Office of Administrative Law Judges for airman denied FAA medical certificate for substance (alcohol) dependence.
Airworthiness: Successfully eliminated a 30 day proposed certificate suspension.
Failure to Follow Maintenance Checklist: Successfully eliminated at the informal conference stage a proposed suspension of an Airframe and Powerplant mechanic for allegedly not following proper maintenance checklist.
FAA Medical Certificate Denial for Diabetes: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge.
FAA Medical Certificate Denial for IHSS: Successfully returned airman to flying status who had suffered from idiopathic hypertrophic sub aortic stenosis (IHSS) prior to hearing before an NTSB administrative law judge.
FAA Medical Certificate Denial for Alcohol Dependence: Successfully returned airman to flying status prior to hearing before an NTSB administrative law judge for airman with a BAC over .20 after traffic stop.
Flight Without Medical Certificate: Successfully reduced an Emergency Order of Revocation to a suspension of certificate for failing to obtain an FAA medical certificate while flying over a several year period.
Airworthiness: Reduced a proposed 30 day suspension to a compromise order and $500 penalty.
Civil Penalty
Equal Access to Justice Act (EAJA): Successfully applied for and was awarded attorney fees and costs over $16,000 after reversing a civil penalty against a pilot training school. FAA found not to be “substantially justified” in pursing action against pilot training school.
Instrument Proficiency Checks: Successfully reversed a Final Notice of Proposed Civil Penalty prior to hearing.
Flight Time Duty Limitations: Successfully eliminated at the informal conference stage a proposed civil penalty to a Part 135 operator for alleged flight time duty violation.
Failure to Maintain Proper Cloud Clearance with Skydivers: Successfully defeated a Notice of Proposed Certificate Suspension at the informal conference level. Case dropped by FAA.
Felony Theft of Aircraft: Successfully reduced a Notice of Proposed Revocation to a one year suspension (served while pilot was incarcerated for felony theft).
Flying Without an Airman Certificate: Successfully reduced a civil penalty by several thousand dollars to person operating a two-seat ultralight aircraft without a pilot’s license.