Pilots Below .10 Can't Be Prosecuted

Fla. Can't Prosecute Intoxicated Airline Pilots

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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Posted Thursday, March 22, 2007
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OMG Are you kidding me?
Posted by Lou Anna at 2008-01-17 14:42
While the law allows for everyone to have an attorney (not that everyone gets one)....I understand that the defense is trying to dismiss charges....but to NOT prosecute because there was no loss of life, injury or damage to property???? What about the loss of time, energy, and effort on the part of the passengers? The airline having to find accommodations/food/other flights? Not to mention the psychological effects of finding out your pilot is drunk and going to fly anyway?! If you wouldn't allow a drunk driver on the road why a drunk pilot in the sky because it's bigger???? or because 124 people can die as opposed to smaller number like a family? I think the 124 people on the plane have families and lives....then again I"m not a lawyer so I'd have to check on that! What a crock!
Living with a Drunk Delta Airline Pilot
Posted by Living With Guilt at 2009-04-14 20:51
Being a wife of a Delta Airline pilot with a severe drinking problem is like living in a prison and drowning in guilt. You know he hits the bar nightly, drives drunk, there are empty beer cans in his car, whisky hidded in the trunk and around the house, stolden minitures from the plane in his luggade and at times drinking the night away and flying on a few hours sleep. He tells you will be responsible for putting the children on the streets and destroying their lives because Delta will fire him if you go them or the FAA. You know this is a man who has driven with his children and their friends drunk in the car many times, so there is nothing stopping him from flying a plane with passengers he doesn't even know. You know there are some Delta Airlines flight attendants joining in on the drinking and using the hotels rooms provide by Delta to commit adulty. The children and you confornt him over and over. You know You know Delta Airlines isn't the airline it used to be, not only do they premit it, Delta Airlines covers it up to protect their image.
Living with a Drunk Delta Airline Pilot
Posted by J W Ritter at 2009-05-23 10:09
What a BS post. Wha hoppen, did Delta lose your luggage and now you're trashing them?

All major alirlines have a proactive policy to get drunks rehabilitated, 99% of the time without job consequences- if they seek help before they're caught.

And what is "adulty"?

PS: I'm a retired AA Captain. You're not telling the whole truth, I suspect.
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