>>Does anyone have any information to suggest that this man has failed any objective test at all? If he hasn't, what the bloody hell is going on?!!<<
Well, according to the article below, he blew a 0.11. Assuming this result was accurate, his best hope for getting off is a technical error (like a missing signature) somewhere in the paperwork. A Delta pilot in Norfolk, Virginia copped a walk on state drunk flying charges due to a procedural error earlier this year.
Looks like that much maligned "security employee" may have made a very good call from a safety point of view. Of course, as always, some will claim it was mouthwash, breath mints, or overripe fruit that may have caused the breath test reading. I wish I could believe them.
I would not be surprised to see him "voluntarily" enter rehab based on other cases I am familiar with. This gives you some protection under U.S. law, e.g. Rush Limbaugh and the MIA America West crew.
Some other press reports have claimed that Virgin is (are) paying his legal expenses. Is it really Balpa as mentioned in this article?
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Virgin Atlantic Pilot Failed Breath Test
By Rosalind S. Helderman
Washington Post Staff Writer
Wednesday, December 24, 2003; Page A04
A breath test given to a Virgin Atlantic Airways pilot shortly before he was to fly a planeload of passengers to London last Friday showed a blood alcohol level of 0.11, according to court documents. That is more than twice the limit set by federal regulations and above the legal limit for driving a car in any state.
Capt. [redacted], who was removed from the cockpit of a Boeing 747 at Dulles International Airport, is charged under a state law with attempting to operate an aircraft under the influence of alcohol. Unlike Virginia's drunken-driving statute, which sets a blood-alcohol limit of 0.08, state law does not specify a legal limit for flying.
The Federal Aviation Administration, which also will investigate the incident, sets a limit of 0.04 and forbids flying a plane within eight hours of taking a drink. [redacted] holds a British pilot's license, and if the FAA finds that he violated its regulations, that information will be forwarded to Britain's Civilian Aviation Authority.
Former FAA chief counsel Kenneth Quinn said British regulations are similar to FAA regulations but not as specific.
Breath tests are considered preliminary, and Loudoun County Commonwealth's Attorney Robert D. Anderson said they generally are not admissible in court. Documents filed in the Loudoun County court case do not disclose the results of a test done on [redacted]'s blood.
Passengers had not boarded when [redacted], 55, was taken off the plane about five minutes before flight time. A security employee at the airport had reported smelling alcohol on his breath, according to a spokesman for the Washington Metropolitan Airports Authority.
According to court documents, a sergeant with the authority police found [redacted] in his captain's chair, smelling strongly of alcohol, and then saw him stumble as he left the cockpit. The documents said that [redacted] was cooperative after his arrest and that when asked whether he had an alcohol or drug problem, he responded, "No, I do not."
[redacted], a 14-year employee of the airline, was released from the Loudoun County jail on Monday after posting $25,000 bond -- provided by his union, the British Air Line Pilots Association -- and surrendering his passport. [redacted], a U.S. citizen who lives with his wife and two children in London, was placed on administrative leave with pay and ordered to stay in the United States.
His attorneys argued in court Monday that he should be released on his own recognizance and allowed to go home. In documents supporting their arguments, they said he has taken heart medication since having triple-bypass surgery. They also said [redacted] worked for Trans World Airline for 15 years before being hired by Virgin Atlantic.
Thomas C. Hill,one of [redacted]'s attorneys, said yesterday that the captain has "an exemplary record with no incidents of any kind. . . . When all the facts and circumstances are known, it will be shown that Captain [redacted] never intended to violate any laws."
More than 380 passengers and 17 crew members were scheduled to make the flight, which was canceled after [redacted]'s arrest. The airline offered passengers hotel accommodations for the night before flying them to London on Saturday. They also were given vouchers for a free flight anywhere the airline flies.
A preliminary hearing is scheduled for Feb. 3.
http://www.washingtonpost.com/wp-dyn...2003Dec23.html