SWA f/o arrested for intoxication

[FlyBarneyJets]

I start laying down a fart cloud when I toss my bag on the belt. I've never had a problem.

Gup

I save those for the sniffer machines. I hate those bleepin' things.

 

[Bavarian Chef]

Where do I get off? I take exception to your simple-minded-ness. Can you name me one person that you know personally that has been asked by the TSA to take a breath test? Could the TSA be much better? I believe so. Is it what we have to work with...yes. Rather than be an ass in uniform why not just be your comical self and if asked to take a breath test (read: I seriously doubt you would) do it and be on your way.

As far as your contract, you are correct, you have no obligation to speak to anyone. If, however, you turn over that ID you were issued when you came to JB and read the values you should have every reason not to be an ass. If you have problems with the TSA tell your chief pilot leader or write you congressman etc. Personally I treat everyone the same and ironically have never had an issue.

Aside from you Chef, pilots are notorious in believing that everything that they ever heard happening to someone else has in fact happened to them personally.

Juice

I didn't say I was being an ass, I said I don't speak to the TSA. I didn't say I was better than the TSA, I said I don't like them nor do I think they are doing a good job. Actually I didn't say any of that per se, but I am now.

Customers -- I heap on the charm whenever I get the chance (trust me, I willingly do what those values of ours would have us do). Crewmembers -- I always introduce myself, ask them how their day is going and then thank them for whatever they may have done for me or the company. Ground ops / tech ops / blue bags / gate agents -- I always let them know we (pilots) appreciate their hard work and try to establish positive relationships at any station I happen to be at (hard to crack that ice at jfk). SO don't pretend that you know how I am, or how I treat people because I said I wasn't a big fan of the TSA (AND I WON"T MAKE ANY ASSUMPTIONS ABOUT YOU AND YOUR DEMEANOR EITHER). I think you are taking this a little too far/serious and hell, I wanna get back to ribald humor and unbridled sarcasm.

And my original question is still unanswered...besides, now people are just tuning in to see a 1v1 similar between two jb dudes. Let the thread be the thread.

 

[slaquer5]

DAL TV tonight said he blew a .039.

 

[K-Mart]

DAL TV tonight said he blew a .039.

I hope to god that is true for him and his family. After that, it's clear skies for him. Literally.

 

[satpak77]

http://www.sltrib.com/utah/ci_4033832

Pilot accused of being underhe influence ordered released

By Pamela Manson
and Brent Israelsen
The Salt Lake Tribune
Posted: 5:02:40 PM- A Southwest Airlines pilot whom police removed from a cockpit Sunday morning on suspicion of being under the influence of alcohol appeared in U.S. District Court in Salt Lake City on Monday afternoon to face an alcohol-related charge.
Carl Fulton, 41, of Fort Worth, Texas, was brought before U.S.
Magistrate Paul Warner, who ordered Fulton released on his own recognizance. Warner also ordered Fulton, who was dressed in his pilot uniform, not to consume alcohol or drugs during his release and to submit to random blood testing.
But Warner declined a prosecution request to ground Fulton, saying that was a matter for Southwest Airlines, given that the accusation against Fulton has not been proved yet.
U.S. prosecutors earlier Monday filed a criminal complaint against Fulton, charging him with operation of a common carrier under the influence of alcohol or drugs.
The complaint alleges that Fulton - who was removed from Southwest Flight 136 shortly before its scheduled 8 a.m. take-off at Salt Lake City International Airport - blew a 0.039 blood-alcohol level during a breath-analysis test about an hour later.
The level is just under Utah's legal limit for pilots of 0.04 percent and well below the 0.08 percent limit for motorists.
Under federal law, anyone with a blood-alcohol level of 0.10 or above is presumed intoxicated. If the level is less than that, prosecutors must prove that Fulton had alcohol or drugs in his blood and that he was impaired.
So far, police and prosecutors have released no evidence that Fulton was impaired. For example, there are no publicized reports that he moved awkwardly, slurred his speech or misperformed his tasks in the co-pilot seat in the Southwest aircraft.
Federal air marshals were tipped off to Fulton after a security screening officer noticed an odor of alcohol on Fulton's breath as he spoke to the officer.
According to the complaint, Fulton told federal investigators that he had consumed two "large beers" at Brewvies, 677 S. 200 West, on Saturday night during a screening of "Mission Impossible III." He said he then returned to his hotel, the Red Lion, 161 W. 600 South, where he had another beer in the lobby bar.
After one of the investigators explained that it would have been possible for Fulton to have a blood-alcohol level of nearly 0.039 percent the following morning, Fulton stated he had also consumed a "grenade of vodka."
Fulton is scheduled to appear again before Warner on July 28.
Prosecutors said they plan to present their case to a federal grand jury in the meantime.



*****************************************************
Richard Cranium US Attorneys office asked judge to "ground him"

No judge or jury, presumed guilty already

fortunately judge disagreed

http://www.sltrib.com/utah/ci_4033832

 

[Mamma]

I hope to god that is true for him and his family. After that, it's clear skies for him. Literally.

What is SWA's policy on having a BAC upon showing to fly? I heard zero was the rule there. I could be wrong.

 

[Bavarian Chef]

I hope to god that is true for him and his family. After that, it's clear skies for him. Literally.

Does swa have a limit more restrictive than the feds?

 

[K-Mart]

What is SWA's policy on having a BAC upon showing to fly? I heard zero was the rule there. I could be wrong.

Check your PM.

 

[JP4user]

TSA To Stupid for Arby's

 

[HalinTexas]

What was the time between his last drink and show time?

If the feds can't prove it was less than 8 hours, they can't touch him. He blew less than their legal limit. Company rules may result in his termination, but he's a free man that was very publicly fired.

 

[Benhuntn]

"We're all crewmembers. The guys we fly with are most-often not just coworkers but friends. I know it sounds cheesy as heck, but let's start being each-other's wing-men when it comes to crap like this!! Have the balls to pull your coworkers to the side and TELL them they're stinkin'!!"


Well said Barney

 

[GuppyWN]

You got that right. Either you call in sick or I call in sick for the whole crew. Someday you'd thank me.

Gup

 

[satpak77]

I hope to god that is true for him and his family. After that, it's clear skies for him. Literally.

unfortunately, not true. See

http://uscode.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_17A.html

18 USC 343 states

343. Presumptions
For purposes of this chapter—
(1) an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and
(2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.

Hopefully defense attorney can attack the calibration/etc of the testing equipment and the interview (he gave statements according to the paper).

The second element also could be attacked by saying this guy is fatter than normal, in good shape, etc (really WHATEVER at this point) and argue that he is not "the average individual" and thus would not be impaired.

At alleged triple the .10 limit, tho, it may be a difficult case.

Re:

http://uscode.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000342----000-.html

§ 342. Operation of a common carrier under the influence of alcohol or drugs

Whoever operates or directs the operation of a common carrier while under the influence of alcohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both.

Maybe the Capt was taxiing the airplane and the FO was physically not on any control device (rudders, yoke, etc) and was reviewing the Jepp chart, etc. Maybe the defense could argue that "operates" by definition was not fulfilled by the FO and thus he cannot be charged with this statute. I believe he is being charged with this one....


Good luck to the guy...

 

[Hugh Jorgan]

So they arrested the guy for blowing BELOW the legal limit? In Utah, do you get a speeding ticket for doing 54 in a 55? Now this guy has been publicily humiliated and they didn't have grounds to charge him in the first place? The scumbag lawyers are going to be pounding this guys' door down to get a chance to represent him in this lawsuit.

 

[GuppyWN]

bingo. If you're under you're under. End of story. And yes, I'd be saying this even if you flew for Brand X.

Gup

 

[Ty Webb]

This type of situation is the reason I said it would be helpful to do a blood test in a hospital environment, where he would come into contact with medically-trained witnesses who could testify that he did not appear to be impaired . . . . . scared sh!tless, perhaps, but not impaired.

The airline I fly for has a .02 limit . . . . more restrictive than the FAA, so he would still be fired, but yet still capable of transporting rubber dog-doo from Hong Kong, should he feel the need . . . . . . the need . . . for speed!

.

 

[Falconjet]

Satpak: .039 is much less than .10.

.04 is the FAA limit. So he was under that as well.

FJ

 

[satpak77]

Satpak: .039 is much less than .10.

.04 is the FAA limit. So he was under that as well.

FJ

I thought I read somewhere .39

if not, GREAT

 

[bluejuice787]

unfortunately, not true. See

http://uscode.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_17A.html

18 USC 343 states




Hopefully defense attorney can attack the calibration/etc of the testing equipment and the interview (he gave statements according to the paper).

The second element also could be attacked by saying this guy is fatter than normal, in good shape, etc (really WHATEVER at this point) and argue that he is not "the average individual" and thus would not be impaired.

At alleged triple the .10 limit, tho, it may be a difficult case.

Re:

http://uscode.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000342----000-.html




Maybe the Capt was taxiing the airplane and the FO was physically not on any control device (rudders, yoke, etc) and was reviewing the Jepp chart, etc. Maybe the defense could argue that "operates" by definition was not fulfilled by the FO and thus he cannot be charged with this statute. I believe he is being charged with this one....


Good luck to the guy...

Satpak-

Uh, you might want to consider putting another zero in front of the 39. He was well below the legal limit for intoxication and also under the federal guideline of .04 bac for aviation.

Juice

 

[Hugh Jorgan]

deleted