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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.

Posted Friday, March 23, 2007
Filed in Pilots | Permalink | Comments (1)

OMG Are you kidding me?

Posted by Lou Anna at 2008-01-17 15:42

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!

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