(FL) State Cannot Prosecute Drunk Pilots

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I don't know how this thread popped back up again, but the Pilots' lost their double jeopardy defense on appeal and last I heard got 5 years and 2 1/5 years for the Capt and FO, on a first time DUI conviction. To the best of my knowledge they are now serving time and have spent more than $100,000.00 of their own money defending their case.

ALPA was "helpful" but did not bear the cost of defense. My understanding is that the union decided that this was outside the scope of their employment. I could be wrong on some of this, but spoke with their attorney before the appeal was argued.

 

[FN FAL]

Pilots Convicted Of Drunkeness Appeal Verdict


POSTED: 12:27 pm EST December 12, 2005
UPDATED: 12:29 pm EST December 12, 2005


MIAMI -- Two former America West pilots who were found guilty of flying drunk out of Miami International Airport are appealing their convictions.


A three-judge panel listened to their appeal Monday. At issue, the attorneys for former pilot Thomas Cloyd and former co-pilot Christopher Hughes say that the jury should have been asked to consider a lesser charge, such as whether the men were attempting to fly drunk, instead of actually flying drunk. The plane had not taken off when the pilot and co-pilot were removed from it and arrested.


The lawyers insist that since that plane never left the gate, the pilots were never in control.


Cloyd was sentenced to five years in prison. Hughes was ordered to serve two and a half years in prison.


As of noon, there was no decision in the appeal.

:nuts: