I am currently a cadet who was previously sailing as an unlicensed crew member for several years. We’ll my MMC has just recently expired and I have to renew my credential. Last year I was arrested for a reckless driving charge and my license had been suspended for refusing to submit a blood or breath test. Now my license is no longer suspended but I am having to submit a new application and in Section 3 of the MMC application asks that I attach a statement of explanation for the areas I marked yes in the section. Could someone give me some insight on what exactly this attachment needs to intel and what all information is required for me to disclose without any further delays. Note I was not convicted of any type of DWI or DUI and the charges were dismissed. Although I have not been convicted of a reckless driving charge I did receive deferred adjudication which requires me to disclose this information.
That’s a sticky one man, I would be as straight forward as possible but leave out anything that’s not critical. If the charge isn’t alcohol or drug related and it’s just wreck-less driving just tell them that. Pretty much just what they need to know. Don’t mention anything that’s not critical but be honest. Good luck.
[QUOTE=SaltE;124443]I am currently a cadet who was previously sailing as an unlicensed crew member for several years. We’ll my MMC has just recently expired and I have to renew my credential. Last year I was arrested for a reckless driving charge and my license had been suspended for refusing to submit a blood or breath test. Now my license is no longer suspended but I am having to submit a new application and in Section 3 of the MMC application asks that I attach a statement of explanation for the areas I marked yes in the section. Could someone give me some insight on what exactly this attachment needs to intel and what all information is required for me to disclose without any further delays. Note I was not convicted of any type of DWI or DUI and the charges were dismissed. Although I have not been convicted of a reckless driving charge I did receive deferred adjudication which requires me to disclose this information.[/QUOTE]
First, note that the Coast Guard does not consider a “conviction” to be limited to being found guilty. It includes things like continued without a finding, suspended adjudication, probation, and court ordered treatment programs. Depending on the state statute, having your license suspended could indicate a “conviction” for these purposes. Look at the definition of conviction in 46 CFR 10.107.
As far as the additional information, look at 46 CFR 10.211(l) . If it is an alcohol related offense, if this is in fact a conviction as viewed by the Coast Guard, you will need to provide the information noted in the reg I cited. If the conviction was for another type of offense, you will probably needs to provide the same information if it was less than 2 years ago.
As far as the USCG is concerned a refusal to test is considered a fail. Your Cadet status is the monkey wrench. In the situation. Be honest or they’ll really burn you. http://www.uscg.mil/d5/prevention/DAPI/DAPI_faqs.asp
That link is for a refusal to test while on board a vessel as a crew member in response to an incident. Different scenario all together.
My understanding is any refusal is considered a fail either post incident or random screen. It’s the Cadet status that makes it a difficult situation. The school should be working for or with him to get answers.
Yea but I think a refusal to test in a case like this only actually counts if he was convicted under it. A conviction would be the only record that it happened. If the evidence was valid he would’ve been guilty, since the case is (probably) being dismissed, it’s like it never happened. But hey I’m no lawyer haha you should prbly disclose it anyway and say you were found innocent.
Edit: wouldn’t they have to convict you of something to suspend your license?