Pilot Can't Go Home Pending Trial
By Rosalind S. Helderman
Washington Post Staff Writer
Saturday, March 13, 2004; Page A04
A former Virgin Atlantic Airways pilot charged with operating an aircraft under the influence of alcohol will remain in the United States while he awaits trial, a Loudoun County judge ruled yesterday.
[...] will not be permitted to rejoin his [family] in [the UK] until his trial in August on the felony charge, Loudoun Circuit Court Judge James H. Chamblin said in refusing to return [...]'s passport.
"This is not a minor offense," Chamblin said. "The allegation is that he was going to operate a 747 loaded with hundreds and hundreds of people and fly across the ocean while under the influence."
[...], who worked for the airline for 14 years as a captain, was arrested in December shortly before he was scheduled to fly a Boeing 747 with 400 passengers and crew members to London's Heathrow Airport.
A police sergeant for the Metropolitan Washington Airports Authority testified in December that [...] was escorted from the cockpit five minutes before the plane's scheduled evening departure, though no passengers had yet boarded.
According to court documents, a breath test given to [...] showed a blood alcohol level of 0.11, more than twice the limit set by federal regulations and well above the limit to drive a car in most states.
[Note, in the United States the limit for driving is 0.08 in most states, and 0.10 in the rest.]
Breath tests are considered preliminary and are not generally admissible in court. Virginia law does not specify a legal limit for flying, but the Federal Aviation Administration sets a limit of 0.04 and prohibits flying within eight hours of taking a drink. Results of tests on [...] blood could not be learned yesterday.
The airline offered passengers booked on the flight hotel accommodations for the night before flying them to London the next day. They also were given vouchers for a free flight anywhere the airline flies.
[...], a U.S. citizen, has been living in a motel since surrendering his passport and being released on $25,000 bond in December, said his attorney, [...].
[...] has lived in the same [British location] house for 25 years and does not pose a flight risk, [his attorney] said.
"He is an extraordinarily responsible client," [his attorney] told the judge. "He really represents no risk of flight whatsoever."
But Chamblin rejected that argument, saying that if [...] did choose to run, extradition proceedings to bring him back to the United States could be difficult.
After the hearing, [his attorney] said there are "very substantial legal and factual defenses to the case." He said that [...], who declined to comment, expects to be exonerated.
The airline placed [...] on administrative leave without pay in December, but a company spokeswoman said he officially resigned from the company yesterday. [...]'s trial was set for Aug. 2.