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Pilots-not Guilty

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Just caught the "not guilty" plea that both America West pilots pleaded today in court and was just curious on opinions & feelings on "how" or on what basis a defense could be used in favor of both pilots due to the fact that both were legally ABOVE FL. legal limit..... It just appears to defy logical reasoning O R do they have a prayer to win this case????


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" we do have whiske y "........
It should be noted that although FL BAC limit is .08, the FARs' limit is .04. I think they're on a wing and a prayer....
A "not guilty" plea is not only made because you have a prayer to win the case, you could make it beacuse it leaves room for bargaining. If they made a guilty plea right off the bat there would be no room for their attorney to bargain down the punishments. Also there may some other factors that may be overlooked such as how the sobriety tests conducted, how evidence was collected, were rights read properly. Given the publicity of this case can they be assured of a fair trial. A not guilty plea leaves all of these things as options for their attorneys. Pleading guilty closes the case and they will most likely lose any chance for any appeals later on.
It's obvious that their flying careers are over. Now their goal is to stay out of jail.

By pleading "not guilty" they are entitled to a jury trial. We all know what kind of jury's can be had in this country. If they end up with 12 idiots, they can get off.

My uncle (by marriage) was pulled over and given the breathalyzer. He blew something like a .18 and was arrested. He pled not guilty and his defense was that because he was "fat," he was able to handle the alcohol better than a smaller person, and that the .08 legal limit is not an accurate way of measure. His 12 idiots believed him and he got off. These guys are just hoping for the same.
Mouthwash defense

I didn't see the story, but my feeling is they couldn't make a deal with the prosecutors. So, trial will be set and discovery will proceed. As each side learns each's sides evidence, questions are answered and the issues narrow. Discovery helps fill in the gaps.

I covered a few notorious cases and trials when I was a news reporter. It was always strange to me how the facts heard in court were oftentimes so much different than the news media reported. So.....stay tuned.
From your time and expertise in the legal field what possible "evidence" could the defense bring to the table to prove the innocence of these two pilots ,I guess I am just a tad curious because from the information that I have seen it appears to be an open and shut case however as in the OJ trial I guess if you have the money to "buy" a great defense team then anything seems possible these days..... and IF they are found innocent what is the probability of them being "legally" entitled to their jobs back since ALPA I am sure will fight this.?????


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(ahhhh the curiousity wonders)- l o l ! !
Don't forget that guy from Northwest, he got rehired after he got out of prison. He had to go back and get all of his ratings again, but he flew for NWA until retirement. You just never know what will happen.
If I were on the jury and they had even had a swallow of beer/liquor/wine then were it up to me they would hang. The flying community cannot and should not tolerate abuse of the regulations. If everyone treated them (the regulations)with respect then a whole bunch of folks who suffered the consequences I'm sure would be gratefull now and the flight would have been just as fun. It isn't that they shouldn't receive mercy when all is said and done but that they should suffer the consequences of their actions and then go from there.

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IF they were acquitted of criminal charges, they still have FAA charges, and their company to answer to. They won't ever fly for a living again.
The Mouthwash Defense, Part II

I don't know what kind of evidence there could be to acquit these guys. I don't recall everything that's come out about this case. I dunno their company rules on drinking, or when they had their last drink, etc.

We only get a scant few facts through news. The attorneys get the whole ball of wax. My point was we're not getting all the facts right now, and something could come out later that could make this event much different than it seems. I seriously doubt it, though.

And, of course, don't forget the NW guy who went to prison, served his time, got out, was reinstated despite a felony conviction and retired.

By the way, that event still bugs me. We folks who are on the outside looking in strive to keep our noses clean, primarily because that's what we're supposed to do, but also for the sake of our careers. One false move, and we can be history as far as our aviation careers go. However, get the job, and you can fly a plane drunk, go to prison, and get your job back. I just don't get it.
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