SWA f/o arrested for intoxication

[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

 

[Tejas-Jet]

At alleged triple the .10 limit, tho, it may be a difficult casehttp://

Huh??? I think he blew 0.039. Much less than 0.10

Tejas

 

[satpak77]

Indeed

you guys are absolutely correct...

 

[Hugh Jorgan]

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.

That does not seem to be the case.

 

[satpak77]

That does not seem to be the case.

http://www.dfw.com/mld/dfw/news/state/15002206.htm

From reading the latest news article, I already am getting a good feeling on a good outcome for the guy...

Seems like Air Marshal Daniel Love may have stepped up to the plate and offered up a freebie for our guy

Daniel Love, an air marshal with the U.S. Marshal Service, said it was "mathematically not possible to have a BAC of .039 the following day if Fulton had only consumed three drinks," the documents said.

 

[Sluggo_63]

http://www.dfw.com/mld/dfw/news/state/15002206.htm

From reading the latest news article, I already am getting a good feeling on a good outcome for the guy...

Seems like Air Marshal Daniel Love may have stepped up to the plate and offered up a freebie for our guy

Don't you think Marshal Love could be saying "this guy is lying... there is no way he ONLY had three drinks and still blow a .039 the next day." That's how I read it.

 

[brvopilot]

I think that means they are doubting he only had three drinks, not that there was anything wrong with the breath test

 

[DDpaysoff]

I'm glad to hear this was all bussllit! I hope he and his family are set for life on a defamation charge on the TSA or the media outlet that published the story. This whole thing pissis me off! We need to show some unity never say a word to the TSA folks.

 

[AlbieF15]

Have sex with flight attendants on the road. Drink at home.

(That coming from a guy who flies boxes, so take it with a grain of salt...)

 

[FlyBarneyJets]

I'm not normally a litigious individual...

BUT THIS BROTHA GOTS TUH GET PAYEEED!!

...if for no other reason than to get the TSA to quit sniffing our asses.

 

['LUVIN LIFE]

This is great news. I am glad he was not above the legal limit. For him, his family and all of our profession's sake.

But I don't understand the whole lawsuit thing! Everybody is crying foul now that he blew a .039 which is below the limit. Do you not get it that TSA did nothing wrong? Are they supposed to only question you if they smell your breath and say, "Hmm, I smell alcohol, but it's probably only about a .02. I think I'll let him go." Yes, TSA power trip, blah, blah, blah. But they weren't wrong. You all act like they had no right to give him the breathalizer. Obviously they did.

It appears that he's going to not be guilty so let's just be grateful for that. But let's also be adult enough to realize that TSA did exactly what they should have on this one. They smelled alcohol and they were right.