DUI
Pilots Below .10 Can't Be Prosecuted
8/7/2003
A federal judge ruled that state law doesn't permit Florida to prosecute two former American West pilots who planned to operate a plane while intoxicated, CNN reported Aug. 6.
Federal Judge Patricia Seitz in Miami, Fla., said that federal law applies in the case of pilots Christopher Hughes and Thomas Cloyd. Both were set to fly an America West jetliner from Miami to Phoenix, Ariz., on July 1, 2002, with 124 passengers on board when the flight was recalled by Miami-Dade police, tipped off to drinking by the pilots.
Cloyd was found to have a blood-alcohol level of .091, while Hughes had a .084 level.
The DUI standard under federal law is .10 percent, while in Florida it's .08. Under the federal standard, the pilots would not be considered legally drunk and therefore, not face criminal prosecution.
The ruling by Seitz upholds a motion filed by the pilots to dismiss the state charges. In her ruling, Seitz said that federal law supersedes state law with respect to pilot qualifications where there is no loss of life, injury, or damage to property involved.
"The state lacks jurisdiction to prosecute them for matters that are solely within the jurisdiction of the federal government," said Seitz.
The Miami-Dade County state attorney's office said it would appeal the judge's ruling.
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