SWA pilot that blew .039

[apache]

I suppose that we can just agree enough to disagree on the systems of law throughout the world. It is a fact that once you cross outside of our borders, all sorts of bad things can happen after an accident. Expect to be detained in one way or another, and expect a corrupt bureaucracy to substitute law and due process for tribute and bribes.

Does anyone want to disagree with the fact that it is the norm for the flight crew to be in a worse degree of trouble in the aftermath of an accident that occurs in a foreign country than in the US? And does anyone disagree that things that used to be considered accidents and bad luck now are becoming criminal in the US?

I am always up for a debate. Especially for those that stick up for the Mexican and Chinese governments as well as globalists. Take a good look south, because it is moving north.

 

[apache]

SATPAK77, here is a present for you. Enjoy. http://www.spp.gov/2005_launch.asp

 

[Echopapa]

Really??? Well, somewhere there is an attorney who will take this case on a contingency....we all hate lawyers ....until we need one....you ever needed the services of an attorney? I have....and he took it on a contingency...and we won....

Except that he wanted more money from GM....so he re-filed....and got more...we were verrrrry happy with what we got.

Tejas

It sounds like your making the point that because there "may" be an attorney that will take the case then it will result in a big award settlement.

Or is your point that since you have won a case (not at all related to this one) that he will win as well?

Your logic defies me.

I know this guy that got burned by hot coffee from McD's and he won a big award...so this guy...who smelled like booze and had booze in his system, and who by his own companies drug policy was not legal to fly, will be able to just sue the crap out of every member of the law enforcement who attemped in good faith to protect the lives of the flying public.

 

[PurpleInMEM]

...so this guy...who smelled like booze and had booze in his system, and who by his own companies drug policy was not legal to fly, will be able to just sue the crap out of every member of the law enforcement who attemped in good faith to protect the lives of the flying public.

Why not? I mean if he can find an attorney willing to accept the case on a contingency basis what does he have to lose? If I were unfairly arrested or even publicly accused of a crime that I did not commit I'd at least attempt to find someone to take the case on a contingency. Doesn't make sense not to try. As far as the company standards are concerned they have nothing to do with the law.

 

[vetteracer]

I don’t sympathize with showing up and blowing any positive number, BUT there can be half the number which he had, in your body from Diet soda, and other foods. This man deserved privacy and a fair shake until they could PROVE or find out what the facts were. But, like many areas of law enforcement it's not about the truth, fact or protecting your privacy, it's about arrests so they can get another star on there report card, and writing tickets for revenue.

I would drag any pilot of an aircraft that had been drinking, but it Is not my responsibility to smear his name or attempt to destroy him to put myself in the light as Joe Do-Gooder !

 

[jehtplane]

Ladies, he was not drunk, per the law. Just because he had a .039 does not mean he was .039 drunk! Go find someone else to burn at the stake. There is nothing wrong with drinking alcoholic beverages, which is what you are implying by complaining about him having ANY alcohol in his system. You are just proving your ignorance and stupidity.

I don't know how else to explain it other than he did nothing wrong, here are a bunch of definitions.

• http://dictionary.law.com/default2.asp?selected=1018&bold=intoxicated||

Yes he did do something wrong, he pushed the limits when he should not have . I am sure that he regrets his decision to come to work. Do you know how long before his duty in he quit drinking? Do you know how much he had to drink? There is no defense for this person, he made a mistake, everybody does. Obviously everybody's body handles alcohol differently, maybe he could hold his liquor, maybe he could not. The point is if you come to work smelling of alcohol, whether you are intoxicated or not, you have pushed the limits, plain and simple. CALL IN SICK!!!!!!!!

 

[mule]

[/list]Yes he did do something wrong, he pushed the limits when he should not have . I am sure that he regrets his decision to come to work. Do you know how long before his duty in he quit drinking? Do you know how much he had to drink? There is no defense for this person, he made a mistake, everybody does. Obviously everybody's body handles alcohol differently, maybe he could hold his liquor, maybe he could not. The point is if you come to work smelling of alcohol, whether you are intoxicated or not, you have pushed the limits, plain and simple. CALL IN SICK!!!!!!!!

Amen...

 

[Tejas-Jet]

It sounds like your making the point that because there "may" be an attorney that will take the case then it will result in a big award settlement.

Or is your point that since you have won a case (not at all related to this one) that he will win as well?

Your logic defies me.

I know this guy that got burned by hot coffee from McD's and he won a big award...so this guy...who smelled like booze and had booze in his system, and who by his own companies drug policy was not legal to fly, will be able to just sue the crap out of every member of the law enforcement who attemped in good faith to protect the lives of the flying public.

Just saying that there are attornies that will take a case on a contingency basis. I gave my example in that it worked for me ($).

Never heard about a guy who got burned by hot coffee at McDonalds...but did hear about the woman...who sued and was awarded a huge amount of money. Agree or disagree...but the arguement brought forth by her attorney was that the temperature of the McDonalds coffee was much hotter than that of their competitors....and it was kept that hot solely for competive reasons...like it or not....we know what the outcome was

The law enforcement folks may have been started out that morning attempting "in good faith" to protect the flying public....but somewhere their direction went haywire in releasing his name...mug shot etc to every news outlet in the country...then to find out...the DA has no case....and this man's reputation has been damaged....

Danged right he should sue....and I'll bet he's got a good attorney already...if not, he should.

Tejas

 

[Oh-ryan]

Just saying that there are attornies that will take a case on a contingency basis. I gave my example in that it worked for me ($).

Never heard about a guy who got burned by hot coffee at McDonalds...but did hear about the woman...who sued and was awarded a huge amount of money. Agree or disagree...but the arguement brought forth by her attorney was that the temperature of the McDonalds coffee was much hotter than that of their competitors....and it was kept that hot solely for competive reasons...like it or not....we know what the outcome was

The law enforcement folks may have been started out that morning attempting "in good faith" to protect the flying public....but somewhere their direction went haywire in releasing his name...mug shot etc to every news outlet in the country...then to find out...the DA has no case....and this man's reputation has been damaged....

Danged right he should sue....and I'll bet he's got a good attorney already...if not, he should.

Tejas

I smell what you are stepping in and I can only agree with you to a certain extent. Sure law enforcement screwed the pooch on this one, but none of this would have happened had he not given them probable cause to administer the test and then proceed to blow a .039. Reap what you sow. I have a hard time sympathing with this guy and his reputation. He works for a top name in the pax airline business, has had millions of dollars/years of training and is entrusted with millions of dollars worth of metal not to mention hundreds of lives on a daily basis. The only person at fault for damaging his reputation is the guy he sees in the mirror every morning. The only thing law enforcement is at fault for is being complete blockheads. SWA should be grateful that these blockheads prevented him from boarding that plane cause if something were to happen and post accident investigation revealed alcohol in his system SWA would be paying through their arse. In public SWA stands behind their pilot, but in private you can bet there was a sigh of relief heard throughout Dallas.

Please someone tell me how inacccurate these tests are again and that it's possible to blow a .039 if you happen to be sitting next to a guy in the terminal that used too much Aqua Velva and behind a guy that spilled his decaf frappachino on the carpet.*

*This would only be true during the fall equinox. If it occured on the summer solstice then it is actually possible to blow a .06.

 

[earl]

Did the guy blow a .039 at the airport? At the police station? Where? If a law enforcement officer has probable cause to take a person into custody for alcohol and then that person blows, or takes a blood test, and that test confirms he is below the legal limit then there is nothing wrong with what the officer did. Sue all you want and you will never win a dime.

Your body loses approx. .015% alcohol per hour, for a normal person of reasonable health. So if he had quit drinking 8 hours prior to his breath test then he would have been at approx. .159 BAC. You also have a rise in BAC of .015 for every 12 0z beer you consume. So he would have had approx. 10 to 11 beers, shots of alcohol, or glasses of wine in his system when he quit drinking.

earl

 

[satpak77]

Just an FYI

1) The prosecutors office on this is the US Attorney's Office out of Salt Lake. He is being charged with a violation of federal law. A "DA" is a District Attorney, who works at the local governmental level, typically responsible for a city who in 99% of the cases prosecutes violations of state and local laws.

2) Once someone is arrested and official reports are made (Airport Police, FBI, etc), laws exist both federal and at state level entitling the public to "open access" to governmental records. In almost all cases, this is how the media gets ahold of stuff.

2b) PACER is a system for the taxpaying citizen to have access to US Court documents. It costs like 8 cents per document. No big deal. For 2 bucks you have access to 25 pages of documents.

http://pacer.psc.uscourts.gov/

3) I think the arrest was made in good-faith by the law enforcement people, but the case at the prosecutorial level will not be successfully prosecuted. I can dang near guarantee that the FBI is not going to arrest an airline pilot first and ask questions later. Most federal agencies cannot take a leak without sending a memo up the chain of command asking for permission. They 99.9% chance first called the duty AUSA and told them the situation, and based on that, they were instructed to take him into custody. However, a later review of the overall facts and elements of the violation, will likely result in a failed prosecution.

 

[dogtown]

Our country continues to devolve through feminization and massive influx of those that have entered our country from areas of the world with very different standards of "law" and fairness. Our English system of law is different than most by differentiating between civil matters and criminal matters. Traditionally in the US, events that were once considered accidents and unfortunate occurances are now being considered criminal. A jury comprised mostly of women and "disinfranchized" individuals who have a low level of education and respond mostly to emotion, revenge, and class envy are easier to convince to hang a defendant. It would be about as fair as standing trial on Oprah's show and her audience serving as the jury. These are the same jurors that have been handing out ridiculous civil judgements for years. God help those that have to be judged by a typical jury now days.

If the Southwest guys that plowed out onto Central Ave had done that in Guadalajara, they would be spend the next 10 years in a mexican federal prison getting their meals through a tube from a guy named Raul. They could get the sentenced commuted with the right political donation. Look at Mexico now to see where we are going in the future.

To make sure that America stays on the same, downward course, make sure that you and all of your friends vote Republican..........or Democrat.

What do you think the guy who wrote this would have blown; .16, .17?

 

[apache]

What do you think the guy who wrote this would have blown; .16, .17?

The better question is WHO you would have blown, dogtown. Grow a pair.

 

[dogtown]

The better question is WHO you would have blown, dogtown. Grow a pair.

Wow...

 

[Skyboy722]

I smell what you are stepping in and I can only agree with you to a certain extent. Sure law enforcement screwed the pooch on this one, but none of this would have happened had he not given them probable cause to administer the test and then proceed to blow a .039. Reap what you sow. I have a hard time sympathing with this guy and his reputation.

Right or wrong, moral obligations aside, it is not illegal to come to work and blow a .039. I know, I know, it's darn close and blah blah blah, and I agree. But I'd be pi$$ed if was going 60 mph in a 60mph zone and got a ticket anyway because I was "almost" speeding... and then got my picture in the paper.

 

[apache]

For some of you out there, I told you so.

U.S. Pilots May Face Charges In Brazil Midair

Brazilian authorities are contemplating manslaughter charges against two U.S. pilots after details of their aircraft's collision with a GOL Airlines Boeing 737 emerge. The U.S. pilots were able to land their Embraer Legacy 600, which sustained visible damage to a winglet and horizontal stabilizer, at an air force base after the collision at 37,000 feet over the Amazon. The 737 crashed, killing all 155 aboard. Reports out of Brazil Wednesday said authorities in that country are alleging that the Legacy's transponder was turned off (foiling collision-avoidance systems on both aircraft) and the crew did not comply with an air traffic control directive to descend to 36,000 feet. Authorities seized the passports of the American pilots, Joe Lepore and Jan Paladino, as the investigation continues.

The Legacy was new and was being flown from the factory to New York for delivery to its new owner, ExcelAire Service. Jose Carlos Periera, the head of Brazil's airport authority, told Reuters it's not known why the transponder wasn't working but suggested it had been deliberately turned off. "It's very unlikely that a plane leaves the factory with that problem," he said. The NTSB is assisting with the investigation.

This story is from Avweb.

 

[FN FAL]

Why not? I mean if he can find an attorney willing to accept the case on a contingency basis what does he have to lose? If I were unfairly arrested or even publicly accused of a crime that I did not commit I'd at least attempt to find someone to take the case on a contingency.

Contingency? Since when do criminal cases have a contingency? If a defendant loses a criminal case, they go to jail. If they win a criminal case they are found "not guilty". Where does contingency fit into this?

With criminal cases, you have two choices...one is to pay an attorney out of pocket, the other is to rely on a court appointed attorney who is serving out his or her little public service dealio. After that, the only contingency is smoking hope dope that a higher court will accept your appeal.

 

[aussiefly]

Contingency? Since when do criminal cases have a contingency? If a defendant loses a criminal case, they go to jail. If they win a criminal case they are found "not guilty". Where does contingency fit into this?

With criminal cases, you have two choices...one is to pay an attorney out of pocket, the other is to rely on a court appointed attorney who is serving out his or her little public service dealio. After that, the only contingency is smoking hope dope that a higher court will accept your appeal.

I believe that he was reffering to the civil side of the case for example deprivation of liberty and false arrest etc etc.

 

[satpak77]

FYI the SWA pilot's federal case got dismissed back in Sept, and was "referred for state prosecution"

that aspect has yet to get started to my knowledge and prob will not, since he did not meet the state requirements for a prosecution.

 

[Porch]

Beer

You guys know that this guy got hired cuz he is a cool guy. He likes to drink, and proud of it. His buds that recommended him love him cuz he's cool and loves to drink heavily before flights. Just a super fun guy. That's how you get hired as SWA. Get to know people on the inside, buy them drinks. Get your type. Your in. Don't bother being a super guy with a solid background. Go out and smash your car while your drunk, get a DUI....That's how you get on at SWA!

 

[instructordude]

You guys know that this guy got hired cuz he is a cool guy. He likes to drink, and proud of it. His buds that recommended him love him cuz he's cool and loves to drink heavily before flights. Just a super fun guy. That's how you get hired as SWA. Get to know people on the inside, buy them drinks. Get your type. Your in. Don't bother being a super guy with a solid background. Go out and smash your car while your drunk, get a DUI....That's how you get on at SWA!

Sign me up. I ain't wrecking my IROC though.

 

[timetoquit]

But..He will do VERY well in the end and the whole thing will be a very wealthy memory..

Good luck! SLC has a $50k settlement limit. Anything above it goes to the Gov for review.

 

[jhill]

You guys know that this guy got hired cuz he is a cool guy. He likes to drink, and proud of it. His buds that recommended him love him cuz he's cool and loves to drink heavily before flights. Just a super fun guy. That's how you get hired as SWA. Get to know people on the inside, buy them drinks. Get your type. Your in. Don't bother being a super guy with a solid background. Go out and smash your car while your drunk, get a DUI....That's how you get on at SWA!

When did you get turned down?

 

[FN FAL]

I believe that he was reffering to the civil side of the case for example deprivation of liberty and false arrest etc etc.

Rodger that.

The only way lawyers will take a civil suit on contingency is if they know for an absolute that it is a winner case. Otherwise, you mortgage the house and place your bet.

 

[FlyinScotsman]

LMAO.... Ain't that the truth. You get full before you even get a buuzzzz...

You pee a lot too!! Still with no buzzzz....

 

[flythere]

When did you get turned down?

Sounds like it was recent, and he's not taking it very well!!! Maybe you should go out and get trashed, might stand a better chance next time!!!!