SWA f/o arrested for intoxication

[Secret Squirrel]

He very well could have violated the 8 hour rule, etc etc. But for FEDERAL CRIMINAL PROSECUTION I don't think its gonna happen.

They can proceed and go to court and 3 years later they will come to the point we are at now, a dismissal or not-guilty verdict.

We have yet to see if the officer using the breathalizer had undergone formal training with the device, or if the batteries were fresh, not old, etc etc.

These were FBI agents, who broke off from their Enron inside trading sales investigation, and Airport cops, who got called away from the Starbucks, who gave the tests. Not the State Highway Patrol DUI task force. Sure, the local $299 Express-Lasik doc could laser your eyes, and it probably will be fine, but the $5000 per eye doc at John Hopkins or Mayo Clinic might do it better.

Maybe the model Breathalizer they used had a service bulletin (yes I am serious) last year and needed extra calibration or a part replaced. Maybe it was not complied with. Etc

LOTS of angles yet to be pursued by a good defense attorney. Thats why a good DUI attorney charges $10,000 to "make it go away." How bad do you need the DUI dismissed? Yes, we take American Express. etc etc

As far as FAA, company regs, etc etc, that is another topic.

Hopefully his attorney at this point told him to stop making statements about grenades of vodka and how he did this and that, etc. NO STATEMENTS. More people have been sent to prison by their own mouth its sad.

Anyway....My position is that a successful federal criminal prosecution is not possible.

Thats right, it is always somebody elses fault. Take no responsability for your actions, it was a faulty tester yada yada yada. I think I would really give the guy more credit if he gave a press conference and said I am an alcoholic and I made a huge mistake instead of standing behind some $hitbag lawyer crying that the tester had old batteries.

 

[skiandsurf]

Cecil Ewell the former AA VP of Flight Ops hired him at AA in the 90's. His reasoning was that everyone deserves a second chance.

Cecil Ewell is a great man. Too bad I never got to work for him.

Back to this SWA guy...

First, Herb K is a pro alcohol guy, so that is good for this pilot.

Second, it is my understanding that at all (most) of the SWA hotels, they get $1 draft, $2 hors duerves (?), and $3 well drinks. If this guy gets fired, he should sue SWA for putting him in a "drinking environment".

Third, better him than me.

 

[Itsallsogood]

How many pizzas and free rides has the Southwest PR given to keep this out of the Arizona Republic in Phoenix?

 

[PunchTheClown]

Flying hungover is considered to be flying under the influence. Which is a crime.

 

[PunchTheClown]

The fact that this guy showed up still smelling of booze meant that he had a pretty fun night. The problem being why did he do that? Didnt he watch, or at least see the reruns of the court tv sentencing of the AWA pilots last year? IF he is guilty of this then he'll get whats coming to him and I wouldnt be suprised if its the maximum. Its not like he hasn't been given a crystal clear warning.

 

[ivauir]

The police pulled him off the flight and made him blow. If he was clean then there would be no story. Fact is he is in jail now for blowing over the limit.

Doubt he is wrongly accused.

You are wrong again.

 

[Frontier1]

Agree that the federal criminal prosecution is probably not going to happen.

But, one thing I've learned about the court system in the U.S. -- nothing is open and shut.....In this case, we do not know what is going to happen. Lot's of politics and media potential involved with this case..... and when those ingredients are included; it's anyone's guess how this is going to go.

.039 is below the limit, so no conviction--open and shut. Well not exactly. From the news reports, it is going to a Grand Jury -- in UTAH (of all places). Chances are the jury will include people who do not drink and never have. They will be told he was a danger to the public; he could have killed dozens of people; a potential mass-murderer. They will call the TSA guy a hero; he will testify. He may say he saw staggering; who knows? Anyway, the pilot will not be able to present a defense. Unless a judge throws it out, on grounds that the charges don't apply, the Grand Jury may indict him. Remember, it's a jury of people and people's opinions and views are unpredicatable.

Then it's off to trial. Here he is able to provide a defense. Flip a coin here. .

One thing to remember is you are innocent until proven guilty. The burden of proof is on the prosecutor's table, not the pilots. The pilot can sit there and laugh all day and night and the prosecutor must show that he intended to fly drunk. With .039, the .04 does not apply--no matter what. If he staggered adn slurred, the prosecution must shown beyond a reasonable doubt that the cause of the staggering was his drunkeness. Good luck.

The fact that they have called on a grand jury to look into this should show you they are lacking evidence to charge him. When they find lack of evidence, the judge will end up tossing it.

 

[satpak77]

Flying hungover is considered to be flying under the influence. Which is a crime.

"What is a crime" is specifically outlined here.

If you meet it, you "committed a crime", actually you are "guilty" if the prosecutor can prove to the jury that you did.

Anything before that and you are innocent until proven guilty.

Period, end of story.

http://law.onecle.com/uscode/18/342.html

http://law.onecle.com/uscode/18/343.html

 

[FN FAL]

The fact that this guy showed up still smelling of booze meant that he had a pretty fun night. The problem being why did he do that? Didnt he watch, or at least see the reruns of the court tv sentencing of the AWA pilots last year? IF he is guilty of this then he'll get whats coming to him and I wouldnt be suprised if its the maximum. Its not like he hasn't been given a crystal clear warning.

Watch or at least see? Watch or at least see? Meow meow meow meow meow meow meow. If you can sing the meow mix song, you can be a meow mix song sing a long ding dong.

 

[RockyTopFlyer]

Has Anyone suspected a TSA employee of being intoxicated at work? Just curious.