federal charges dismissed on SWA Pilot who blew .039

[satpak77]

http://www.sltrib.com/business/ci_4479398

I don't want to say "I told you so" but......

 

[FN FAL]

A document filed last month in U.S. District Court in Salt Lake said the U.S. Attorney was seeking to dismiss the case "in the interest of justice" and was sending it to local authorities.

Dismissed the case "in the interest of justice". Prosecutorial discretion, where have we heard that one before? :nuts:

Several states have passed laws that require prosecutors to charge in all cases of DUI, no matter whether the evidence is weak or not..."in the interest of justice" they have removed the prosecutor's discretion to save them money.

 

[Kharma Police]

Dismissed the case "in the interest of justice". Prosecutorial discretion, where have we heard that one before? :nuts:

Several states have passed laws that require prosecutors to charge in all cases of DUI, no matter whether the evidence is weak or not..."in the interest of justice" they have removed the prosecutor's discretion to save them money.

Correct me if I’m wrong but you seem a little disappointed, according to the article,

"It's likely the U.S. attorney decided not to prosecute because two Breathalyzer tests did not show Fulton had violated federal law. Pilots are considered intoxicated if they have a blood-alcohol level of 0.1 percent or higher.
The tests showed Fulton's blood-alcohol level to be 0.039 percent and 0.038 percent. They were administered around 9 a.m., an hour after two Salt Lake airport police officers confronted the pilot, who was preparing to leave for Phoenix with 123 passengers aboard."

 

[Kharma Police]

From the same article, remember he had BAL of 0.039 and 0.038 percent which is below the federal and state limits,

"Different jurisdictions and employers have different standards for determining whether an airline pilot is intoxicated:
* Federal government: 0.1 percent blood-alcohol level
* Federal Aviation Administration: 0.04 percent
* Utah: 0.04 percent
* Southwest Airlines: 0.04 percent
* SkyWest Airlines: 0.019 percent"

 

[FN FAL]

Correct me if I’m wrong but you seem a little disappointed...

You are wrong. I find no glee or disappointment in bureaucratic procedure. Either the law is being administered properly or it isn't.

 

[FN FAL]

From the same article, remember he had BAL of 0.039 and 0.038 percent which is below the federal and state limits,

"Different jurisdictions and employers have different standards for determining whether an airline pilot is intoxicated:
* Federal government: 0.1 percent blood-alcohol level
* Federal Aviation Administration: 0.04 percent
* Utah: 0.04 percent
* Southwest Airlines: 0.04 percent
* SkyWest Airlines: 0.019 percent"

Well, the law does provide that a person has the right to self defense, up to and including deadly force, in the case of an "un-lawful" arrest. Why don't you bake a cake with a loaded shotgun in it and express mail it to him?

 

[AA717driver]

I assume this will generate three pages of appologies from those who had convicted him based on the initial report or urged him "to get the help he needs". uke:

TC

 

[bluestreaking]

So how can Utah prosecute the SWA pilot if his BAL was less than .04?

Also, it seems like the Skywest pilot is damn lucky his name hasn't been dragged through the mud in public like the SWA guy.

 

[skiandsurf]

You think that Good old Herb might having taken this prosecutor out to lunch. Bought a couple of drinks for the prosecutor and said, "how 'bout dropping these charges on my boy, and I will see to it that you get free air fare for your family for the rest of life?"

No other pilot has gotten out of this type of mess ( that I know of). Only SWA can pull this off.

 

[Kharma Police]

You think that Good old Herb might having taken this prosecutor out to lunch. Bought a couple of drinks for the prosecutor and said, "how 'bout dropping these charges on my boy, and I will see to it that you get free air fare for your family for the rest of life?"

No other pilot has gotten out of this type of mess ( that I know of). Only SWA can pull this off.

He didn't need Herb, his quick acting liver saved the day.

 

[JimNtexas]

You think that Good old Herb might having taken this prosecutor out to lunch. Bought a couple of drinks for the prosecutor and said, "how 'bout dropping these charges on my boy, and I will see to it that you get free air fare for your family for the rest of life?"

Because I am not an idiot, I don't think that.

 

[satpak77]

So how can Utah prosecute the SWA pilot if his BAL was less than .04?

Also, it seems like the Skywest pilot is dang lucky his name hasn't been dragged through the mud in public like the SWA guy.

They referred it to Utah for possible prosecution. Give this one month, and the local prosecutors will decline prosection also.

http://le.utah.gov/~code/TITLE72/htm/72_0A071.htm

72-10-501. Flying under the influence of alcohol, drugs, or with specified or unsafe blood alcohol concentration -- Calculations of blood or breath alcohol -- Criminal punishment -- Arrest without warrant.
(1) (a) A person may not operate or be in actual physical control of an aircraft within this state if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .04 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating an aircraft; or
(iii) has a blood or breath alcohol concentration of .04 grams or greater at the time of operation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating this section.
(2) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).

http://le.utah.gov/~code/TITLE41/htm/41_04041.htm

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
(3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.

So basically, he does not meet the State of Utah threshold. Period, end of story.

THERE IS NO PROSECUTABLE CASE ON THIS GUY

 

[satpak77]

You think that Good old Herb might having taken this prosecutor out to lunch. Bought a couple of drinks for the prosecutor and said, "how 'bout dropping these charges on my boy, and I will see to it that you get free air fare for your family for the rest of life?"

No other pilot has gotten out of this type of mess ( that I know of). Only SWA can pull this off.

This is not a "SWA deal". He either met the threshold for prosecution, or he did not. Period. (And he did not)

The FBI and police probably make a good faith arrest, but when it got to the "can we win a trial or not" point at the prosecutors office, it was obvious they could not.

Of course, they could have read Flightinfo a few months ago and figured the same thing out.....

 

[grog_sit_reserv]

Was he fired? Or did SWA wait for the outcome?

 

[bluestreaking]

I think he's under investagation from SWA. I haven't heard if he's been fired.

 

[Oh-ryan]

I assume this will generate three pages of appologies from those who had convicted him based on the initial report or urged him "to get the help he needs". uke:

TC

I think this guy needs help... maybe not Congressman Foley help, more like the school of hard knocks help and this little situation he created for himself will hopefully be all the help he needs. You can't tell me he was in full control of the situation that day. It's pretty darn impossible to know when your BAC is .038. The guy got lucky and he knows it. If he comes knocking on doors for apologies then shame on him.

 

[FN FAL]

I think this guy needs help... maybe not Congressman Foley help...If he comes knocking on doors for apologies then shame on him.

So I take it that you're not pulling for an appology?