SWA f/o arrested for intoxication

[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.

 

[satpak77]

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

well it could go either way I suppose, that is the defense attorneys job to ask "Marshal Love, you stated in your report XXXXX" etc etc

not that the Air Marshals have ANY blood-alcohol testing training (they do not).

Based on that, so whatever he did mean in his remark, could be nullified either way. If he wants to testify on air piracy, fine. But field sobriety tests? Please.

 

[satpak77]

[quote='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.[/quote]

They smelled alcohol and reported it. Fine. He was removed from the flight and was given a field sobriety test. Fine. He gave statements to police and told them the last time he drank (not so fine, but...).

He was given a field sobriety test (one he probably consented to...refuse consent and get into FAA/company trouble but no criminal evidence obtained...or consent and roll the dice...pick your poison).

....it appears he was below both the FAA limits and below any federal criminal limits for "flying while intoxicated" (jargon term).

At that point, he should have been cut loose, not arrested and held at the county jail overnight.

"Detained for questioning and released pending further investigation" goes a long way, you still get the arrest stat and if the guy gets indicted, then the process continues. If no indictment, life goes on peacefully for everyone involved. Suspect has no formal (prints, booking) arrest record, prosecutor has no lawsuit.

unfortunately, the Cactus guys did exceed the limit addressed in 18 USC 343, which is .10

http://www.courttv.com/trials/pilots/060805_verdict_ctv.html

At .039 our guy was not even HALF (.05) of the minimum.

Everyone join together and say BYE BYE CASE

I sincerely hope he gets a super high power criminal defense attorney (Enron, Rusty Harding, etc grade lawyers) and sticks it UP their _____.

 

[HighSpeedClimb]

In this situation it was good TSA didn't test him right there at security, he would have surely been over .039. BTW, I believe TSA waits until you get to the A/C so you can be arrested for attempting to take control of an A/C intoxicated. If they tested you at security you could just say you were going to the gate to find the other crew member to let him know you were a bit intoxicated and were calling in sick.

 

[bluejuice787]

[quote='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.[/quote]

This is what I was unable to say. I agree with your message.

Juice

 

[Flydaplane]

They will probably get a cash award and a certificate. If the guy was intoxicated and an alert screener smelled it and stopped the guy from endangering 123 people then he should be rewarded (think if your family would have been on the flight).
That said, the report reads that the guy blew a .039. If the legal limit is .04 than why was he arrested?


Pilot accused of being under the 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 Related Articles<LI class=otherArticlesBullet>Police pull pilot as he prepares for takeoffduring 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.

 

[satpak77]

no state case either

http://www.le.state.ut.us/~code/TITLE72/htm/72_0A071.htm

(1) (a) A person may not operate or be in actual physical control of an aircraft within this state if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .04 grams or greater at the time of the test;

 

[Sluggo_63]

I still think the FAA can get him on this...

Part 121 App J

Lots of legaleze, but says (to me) that you can't operate equipment over .02

(b) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, nor shall an employer permit the covered employee to perform or continue to perform safety-sensitive functions until:
(1) An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or

 

[jetpig32]

The Sky Bar in the Red Lion SLC has the best rum canonballs.

 

[canyonblue737]

I can assure you without having any more inside company information than you have ,it is highly unlikely that anybody would be jailed if they did not blow above the legal limit. Should this ever prove not to be the case I will extend my humble apology. Why are all these folks crucifying the TSA here?? Hitting a little too close to home perhaps??

--------------------

 

[WorldOnTime]

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.

That's how I took it. If you re-read the article, after love said this Fulton stated that he also consumed a "grenade of vodka", whatever the hell a grenade is.