Feds drop case against pilots allegedly drunk in cockpit

[rainbow4321]

http://www.mysanantonio.com/sharedcontent/APStories/stories/D87VAL000.html


Federal prosecutors dropped criminal charges against two fired America West pilots less than three weeks after the U.S. Supreme Court allowed state prosecutors to pursue their own case.

The decision leaves the pilots facing one trial instead of two after videotape showed the pilots spent much of the night before their flight drinking beer at a popular sports bar in Miami's Coconut Grove neighborhood. Blood-alcohol results were above the state drunkenness standard of 0.08 but below the federal standard of 0.10.

U.S. District Judge Marcia Cooke signed an order Friday accepting the federal government's request to drop charges that the pilots were under the influence of alcohol when operating the jet. Without a higher blood-alcohol reading, federal prosecutors would have had to prove the charge by the pilots' behavior.

The pilots appealed their prosecution by the state, arguing that Congress carved out aviation safety as an area of federal jurisdiction and left no room for state prosecution unless there was a loss of life, injury or damage. A federal judge agreed, but an appeals court disagreed, and the U.S. Supreme Court refused to consider the issue.

[mr_hat]

1. Above .08, but below .10. So that would make it... um...

[Boomer]

2. Oh, so that's where things went wrong...

>> The pilots appealed their prosecution by the state, arguing that Congress carved out aviation safety as an area of federal jurisdiction and left no room for state prosecution unless there was a loss of life, injury or damage. <<

Obviously, the pilots should have been allowed to fly the airplane while drunk to see whether or not they caused damage. And assuming they survived any crashes, THEN the state could prosecute them.

Sheesh.

[libnnc]

3. I feel so much safer now...

:eyes:


"Roger, clear for take off.." :toast: