CNN: Pilots accused of being drunk indicted

[satpak77]

This is not an issue. The Pilots did not fight their fate under the FAA's revocation of their Certificates

well, they are going to be fighting for their fate now, under federal criminal charges


I appreciate your posts, but, uh, I think I am just a little closer to the legal process than you are.....nothing more needed to be said

later

 

[climbhappy]

quote: satpak77- "from a legal standpoint, i doubt they will be convicted"

i beg to differ, the evidence will result in a slam dunk conviction and jail time in my view. the careless depraved action of this crew should be punished.

 

[J32driver]

If, rather then being under the influence of alcohol, one of the pilots had struck and killed a boarding passenger because the passenger made some snide remark about the airline, would we just take the perpetrator's pilot license away and call it a day? Would the State of Florida not be entitled to charge the pilot with the homicide?

Thats not a valid argument. A homocide has nothing to do with aviation and is against state law. Aviation is FEDERALLY regulated. End of story.

I agree they comitted a crime. But Florida has no right to prosecute. Now the US government on the other hand.... they have every right to hang these two out to dry.

If Florida successfully does an end run around Federal law, it will just be another shining example of how jacked up our system can be when politics gets involved.

Can anyone find an example where a drunk pilot has been succesfully prosecuted by a state entity?

 

[blzr]

Technically, they weren't flying drunk anyway, only taxiing. also their blood alcohol was less than .10.

 

[gear_guy]

blzr-


Does it really matter? They were in operating control of the aircraft. Surely you're not making the argument that they were ok to taxi b/c they had less than .10 BAC. By the way, you can get a dui in a parked car as long as the keys are in the ignition.

 

[greenpickle]

Technically, they weren't flying drunk anyway, only taxiing. also their blood alcohol was less than .10.

Yeh they wouldnt have taken off because I think they hadnt finished running the IM SAFE checklist and would have gone back to the gate.

 

[rumorhasit]

Call me paranoid....

Of course there is a main lesson to learn here but the second lesson is dont use your credit card. I hate those things. They are the big brother. I use cash for everything when I fly. You slide off a runway somewhere after a 0500 show and the next thing you know you got some lawyer showing you buying Advil from the next door gas station at 2:00 AM and arguing that you must have been fatiqued and sick when you had your incident.(contributing factors they will say). This could go for movies, pizza delivery, etc... Cash is the answer.

I am not paranoid, I just think it makes good sense.... I gotta go, I think someone is watching me.

GP

um okay...Paranoid...You have a dam good point!!!!

 

[~~~^~~~]

Put alcohol aside for a moment. If, rather then being under the influence of alcohol, one of the pilots had struck and killed a boarding passenger because the passenger made some snide remark about the airline, would we just take the perpetrator's pilot license away and call it a day? Would the State of Florida not be entitled to charge the pilot with the homicide? Of course not -- because the State of Florida is legally entitled to protect persons currently within its borders and prosecute those who harm or threaten to harm those persons.

No, if the cabin door is open, the aircraft is not "in flight" and the Federal Preemption does not apply. Further, beating up somebody is outside the scope of a Pilot's Certification, unless they are defending the flight deck.

Using your logic, we should bring manufacturers, mechanics, pilots and dispatchers all up on manslaughter charges when there is an accident. Plaintiff attorneys and politically motivated States' attorneys love to accuse these parties of negligence without proof ( or based on "creative" Expert testimony ).

Aviation safety works as well as it does because it is cooperative. Airlines and Pilots self report because we hope others will learn from our mistakes and the corrective actions that we employ. The NTSB is on record against the criminialization of aviation accidents. In both the Roselawn and TWA accidents the NTSB testified that law enforcement interferred in their investigations and destroyed crucial evidence.

Before we go off the deep end, suggesting that these Pilots were out to kill 100 pax ( because they were less than Florida's old DUI law, but more than their new one ) lets consider a much more dangerous and common threat - the 16 hour duty day. Repeated studies have proven that pilots are pretty whacked after 14 hours and react like drunks as they near 16 hours. If you want an issue to get inflamed about - ask why the airlines are fighting the Whitlow letter.

In the mean time, the America West pilots lost their jobs and certificates. They are no longer a threat to anyone and Florida should stop trying to expand their law for the purpose of political gain.

~~~^~~~

P.S. Love the Mini. Saw it in Marietta over the 4th. Delta should sell a kit! Wouldn't an RJ look better with the engines on the quarter windows and a T-Tail?

 

[~~~^~~~]

I appreciate your posts, but, uh, I think I am just a little closer to the legal process than you are.....nothing more needed to be said

My condolences. Gave it up to fly airplanes and darn glad I did.

 

[satpak77]

My condolences. Gave it up to fly airplanes and darn glad I did.

that makes two of us partner

from a "lets keep the discussion going" standpoint, as mature adults, I opinion....

Federal law regarding operating aircraft overrides any state law
Not sure how legal-wise the original state charges were, "operating a motor vehicle while under the influence, etc,etc" (???)

anyway, they are now both indicted in federal jurisdiction

lets see what shakes out.

My OPINION is that this will either be pled to a lesser charge or if it does go to trial, will not result in a conviction.

MY OPINION