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Old 21st May 2009, 20:17
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Flying Lawyer
 
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Will Fraser
Did I actually read a post maintaining that "over limit is not necessarily drunk"?
Yes, you did. I did too. And the poster who said it is correct.
Over limit is overlimit.
Correct. But over the aviation limit does not necessarily mean drunk.
The legal limit is established to prevent even the appearance of impaired flight.
I'm not sure that is the reason, but there's an encouraging sign of progress now that you're referring to the appearance of impairment.
ie A pilot over the legal limit might give the appearance of being impaired - even if his alcohol level is so minute that he is not actually impaired.
There are two separate and different offences: (1) Exceeding alcohol limit and (2) Being impaired.

One Outsider
Sorry you are late to this discussion. The phrase infers a defense of drinking. If you refuse to admit that, you may not be able to add to the debate. Why would one write that statement? If you are trying to disagree with my conclusion, say so. Your position that I am "twisting" the discussion is blatantly dishonest.
Blimey! And people accuse lawyers of being arrogant and pompous!
I don't know if O-O is late to the discussion but he's not only added to the debate but appears to be better informed and more logical in his thinking than you.

'Over the limit is not necessarily drunk' might "inferr a defense of drinking" to you, but I certainly don't infer that from it. It's an accurate and relevant statement of fact.

Why would one write that statement?
Perhaps it was an attempt to keep things in proper perspective?
And/or an attempt to deter (some) people from making stupid assertions that a pilot over the legal limit is necessarily 'drunk'?
And/or to try to stop (some) people's imagination running out of control?

"Your position that I am "twisting" the discussion is blatantly dishonest."
Interesting. I thought it was fair comment.

(Sorry I'm late to the discussion. Feel free to disregard everything I say.)

John R
16024 So let me ask you this: do you honestly believe that if this pilot had not been stopped by the police and had commanded that flight, his 'state' would not have increased the possibility an accident?
If you'd asked me that question, my answer would be:
I have no idea.
All I know is that the press are reporting that a pilot was arrested after a field breath-test showed he was over the aviation limit and that some un-named person apparently told the Sun he was 'four times' over the limit.
A sample of the pilot's blood would have been taken for analysis.
The results won't be available yet. It usually takes a few weeks.

If I may borrow your phrase -
So let me ask you this: Do you honestly believe that any sensible and intelligent person would make any assumptions about the pilot's 'state' on so little information.
Or express an opinion about whether his 'state' (unknown) may or may not have increased the possibility of an accident?


FSLF
I can't account for the contents of dictionary.com, but that is certainly not the law in England.
I was surprised to read your post, very surprised in fact. You've taken an active part in previous alcohol threads in which I've explained the law in a way which I thought was very clear.
If it wasn't, there's nothing more I can do.
I'm at a loss to think of any way in which I could make it clearer than I have already - several times.

fincastle84
Don't understand the arguement
I agree.
You clearly don't understand.
Job well done, good riddance to an irresponsible idiot!
Good for you. That's the spirit!

Why bother waiting to find out if he's guilty.


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Last edited by Flying Lawyer; 21st May 2009 at 20:42.
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