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Virgin Pilot held on Drink allegations

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Old 23rd Dec 2003, 03:19
  #121 (permalink)  
 
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Wino,

I hear everything you say and agree with the logic and reasoning. This is an issue that the whole industry has to look at. For those pilots who are using alcohol or drugs (OTC or not) are simply delaying the inevitable crunch. As long as the airlines keep getting more and more from the pilots they will keep taking more and more. A line in the sand has to be drawn for everyone's safety. I do not think it will be easy. It will take a number of very courageous individuals but the time to sort it is now before we have a major accident. Do you ( and the others ) agree?

Fireflybob,

No response ?

Miss D Point,

You missed your own point, I think.

Cheers

BHR
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Old 23rd Dec 2003, 03:40
  #122 (permalink)  
 
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Pilot accused of being drunk held on $25,000 bond

12/22/2003

By CANDACE SMITH / Associated Press

A pilot accused of showing up drunk to fly a plane from Washington to London was ordered held Monday on $25,000 bond and told not to leave the country.

[redacted] was dressed in an orange jail jumpsuit when he appeared on a closed circuit television link from jail, where he has been since late Friday, when he was arrested at Washington Dulles International Airport.

Security screeners alerted Metropolitan Washington Airports Authority Police after detecting alcohol on [redacted]'s breath, an airport spokeswoman said. Officers escorted [redacted] off the plane and questioned him at the airport before charging him with attempting to operate an aircraft while under the influence of an intoxicating drug or alcohol.

An authority officer testified he approached [redacted] about two hours before his plane's scheduled departure. The officer said no passengers were aboard, and the flight attendants were readying the cabin.

[redacted], 55, spent the weekend at the Loudoun County Adult Detention Center in Leesburg, about 40 miles west of Washington, D.C. The 14-year Virgin Atlantic veteran remained suspended by the airline, which said [redacted] is a U.S. citizen who lives in London and had a spotless record with the company.

[redacted]'s lawyers tried to persuade Loudoun County Traffic Court Judge James Forsythe to allow their client to return home.

"He's not doing well. He has a medical condition — a heart condition," lawyer Thomas Hill told the judge, adding [redacted] needed to see his cardiologist in London. Outside court Hill declined to elaborate about the heart condition.

"He's a model of stability in terms of his life," Hill told the judge. Hill said his client has been married 25 years, and his wife and two children live in London. "He's not a flight risk at all."

Prosecutors were against any bond because [redacted] lives overseas.

"Once a defendant has crossed that border it is very difficult to get them to come back," said Forsythe, who moved the case to the criminal division.

The 383 passengers and crew of 17 on flight VS 022 were put up Friday night at area hotels, with their flight finally leaving Saturday night more than 26 hours late. Passengers received a voucher for a free flight on the airline.

The Federal Aviation Administration said it would carry out a civil investigation along with Virginia's criminal investigation. The FAA licenses pilots to fly within the United States.

http://www.wvec.com/sharedcontent/AP...D7VJKCT80.html

Last edited by Airbubba; 23rd Dec 2003 at 04:03.
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Old 23rd Dec 2003, 03:54
  #123 (permalink)  
 
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What a truly dreadful state of affairs. How can it possibly take 6 weeks to bring about a mere preliminary hearing... I know we're talking about Spams and their blood-sucking lawyers (sorry, Tudor!), but surely even they can sort this out with a bit more speed? And what made that judge presume that the 'veteran aviator' would not return?

What was the result of the independent blood test? There was one, I presume..?? I just hope that he's proved innocent and then sues for a fortune!
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Old 23rd Dec 2003, 03:55
  #124 (permalink)  
 
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Bjcc,
But the question remains, What would you want the person smelling what they think is drink to do? Ignore it?
No, that's not what I said. I actually stressed (twice) in my original post that I was not condoning drinking and flying. Also I told you to feel free about whatever action you think is right.

I think you're missing my point. It's really a very simple one.

If you don't smell alcohol on my breath, and I am not falling down drunk, then patently I am sober enough to fly and you have no grounds on which to question my fitness.

Ergo, the simple application of a Polo mint will avert all this strife.

Reducto ad absurdum.
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Old 23rd Dec 2003, 04:47
  #125 (permalink)  
 
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Flying Lawyer,

Your point I don't think was well made was that others may be open to critcism. I don't see why. The main mud slinging seems to be directed at this security guard. Why? Because he reported the matter to the Police? I see no reason why he should be the butt such venom. Maybe he has an axe to grind obout pilots, maybe he hasn't but the point is that the local Police turned up and presumably found enough evidence to arrest, as they did.


I was a Police Officer by the way and as for Judges Rules, like you I haven't had reason to look at them for a while, so I was relying on memory. In any event, I looked it up and it reads as follows:

'Judges Rules General Principles.

A. That Citizens have a duty to help a police officer to discover and apprehend offenders.'


I would read that as clear, although irrelevent as 1. they have been replaced by PACE and 2. The security guard is in america.
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Old 23rd Dec 2003, 05:47
  #126 (permalink)  
 
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"blood-sucking lawyers"


BEagle my old chum. We've known each other for more than thirty years so I hope I can safely assume you don't think I merit that description.
Coincidentally, minutes after reading your post, I was asked to comment on the case by one of the nationals - what a good thing I don't go in for that sort of sweeping generalisation about professional pilots.

bjcc
No argument with the general principle expressed, but I don't think that made it a legal obligation breach of which was a criminal offence.

Not a bad guess about your previous incarnation. I suspected you might be, or might have been, one or the other.
Guess old habits die hard.
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Old 23rd Dec 2003, 05:49
  #127 (permalink)  
 
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Sorry. But am I missing something here.
I have read the whole thread and now the prelim hearing report, but I do not see anywhere where the pilot was breathalised or blood tested. Just that he 'was questioned and then arrested'. Where was the actual determination made that he was under the influence apart from the initial report by the security screeners.
Or is it automatic that suspects are breathalised? And evryone assumes (the reader) knows this?
Why is this not mentioned in the report?
Mystified
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Old 23rd Dec 2003, 05:59
  #128 (permalink)  
 
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Absolutely not, Tudor old chum! You certainly don't fall into the category of person to whom I was referring - as I'm sure you well know!

No 'advent calendar' this year?
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Old 23rd Dec 2003, 06:20
  #129 (permalink)  
 
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Another account of today's hearing from a local newspaper:

Virgin Atlantic Pilot Charged With Boarding Plane Under The Influence

Dan Telvock

Dec 22, 2003 -- A Virgin Atlantic pilot pleaded not guilty today in Loudoun County General District Court to a charge of attempting to operate a jet from Dulles Airport while under the influence of alcohol.

[redacted], 55, of England, was released on a $25,000 bond under the condition that he would not leave the country. He is accused of boarding a flight while under the influence of alcohol, said Metropolitian Washington Airport Authority spokesman Tom Sullivan.

Sullivan said that at about 6:45 p.m. on Friday, an employee for the Transportation Security Administration contacted the airport authority after the employee allegedly smelled alcohol coming from [redacted] as he went through the security gate.

“So our police responded to the gate, entered the aircraft and spoke with the pilot,” Sullivan said. No passengers had yet boarded the Dulles-to-London flight.

Some basic tests were given to [redacted] and Sullivan said his responses gave police enough cause to detain him. Later that evening, he was charged and the case was sent to Loudoun County, where [redacted] has been held since Friday.

Although he lives in England, Sullivan said [redacted] is a U.S. citizen. Sullivan said he has not heard of any pilot being charged with such a crime in the six years he has worked for the airport authority.

A Virgin Atlantic spokeswoman said [redacted] has flown for the company for 14 years with a strong employee record. The Federal Aviation Administration, which licenses pilots, plans to conduct an investigation along with Loudoun authorities.

http://www.leesburg2day.com/current....=6&newsid=8232

_________________________________________

This article mentions that the pilot entered a plea of not guilty, a minor detail somehow missed in the earlier report.

About a year ago a Delta pilot encountered a somewhat similar situation, also in Virginia:

http://www.usatoday.com/travel/news/...elta-pilot.htm

The police report of the incident is here:

http://www.thesmokinggun.com/archive/drunkpilot1.html

Apparently, the airport police failed to document a field sobriety test (touch your nose, walk a straight line etc.) so the pilot was acquitted of the state charges on technical grounds even though he blew a .07%:

http://www.news8.net/news/stories/0203/74030.html

Under federal law there are several technical errors that can render a breath test invalid:

(1) The 15 minute waiting period prior to a confirmation test is not observed.

(2) An air blank is not performed on the EBT before a confirmation test or the air blank doesn't result in a reading of 0.00

(3) The BAT does not sign the form as required by the regulations

(4) The BAT fails to note in the remarks section on the form that the employee failed the test or refused to sign.

(5) An EBT fails to print a confirmation test result

(6) The sequential test number or the alcohol concentration printed out is not the same as displayed on the EBT

(7) If an EBT fails an external calibration check, then every test result of 0.02 or above obtained on this particular device since the last valid external calibration check will be invalid.

(from: http://www.aviationmedicine.com/DOTetohtest.htm )

Of course, this doesn't mean you're off the hook, but the test cannot be used as evidence.
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Old 23rd Dec 2003, 06:56
  #130 (permalink)  
 
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FL and any other experienced legal sorts - is it a tactic, for the prosecution, to delay their procedures when the case is high profile, controversial and they may not get their result? That would be the natural thing to do from a PR point of view.

The air rage case a year or so ago with some sports fans and a Gatwick based charter co. seemed to exhibit that kind of 'retreat' from the prosecutors - many harsh words said on both sides at the time, then a considerable cooling off period which let it subside from a press interest viewpoint.
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Old 23rd Dec 2003, 07:57
  #131 (permalink)  
 
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The long delay between today's hearing and the next appearance is very odd- especially as the judge saw fit to uphold the prosecutor's objection to the pilot being allowed to return to the UK in the meantime. It appears from reports that the prosecutor objected to bail at all, so no doubt the pilot is grateful for small mercies.
This appears to have been a lower court, equivalent to our magistrates courts. I'd be surprised if a more senior judge insists he stays in America pending trial. However, I don't know much about the American criminal system - I thought it was terrible he was in jail at all, but perhaps that's the norm in America?

The most extraordinary aspect of today's hearing (based on reports I've read) is that there was no mention of what the blood/alcohol level is alleged to be.
That wouldn't necessarily be mentioned at a first appearance here, but our procedure is different. The US prosecutor called the police officer who arrested the pilot to give evidence of the cirumstances of arrest - that woudln't normally happen here.

Further, there was no mention of the results of an Intoximeter procedure at the police station (or even that it was carried out).
It's possible that blood or urine samples were taken for analysis and time is needed to obtain the lab results - but there doesn't seem to have been any mention of that being the reason for the long delay before the next hearing.


=====================

Paulo

Anything's possible but I doubt it was a prosecution tactic to delay proecdures for the reasons you suggest.
There are delays here, but I've never heard of a case being delayed for the reasons you mention.

=====================

BEagle
I wasn't sent one this year so nothing to forward.

Last edited by Heliport; 23rd Dec 2003 at 08:23.
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Old 23rd Dec 2003, 08:30
  #132 (permalink)  
 
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>>Can an American Pruner help?
In the UK, a 'roadside' breath-test simply shows positive or negative. If positive, a driver is arrested and taken to a police where he provides a specimen of breath to a machine which almost instantly gives the precise proportion of alcohol.

Does that system and procedure exist in America?
Or are all alcohol proportions measured by analysis of a blood or urine sample?<<

In the U.S. driver alcohol testing procedures vary from state to state. Here's a lawyer's site with advice on local procedures and how to beat the rap:

http://www.drunkdrivingdefense.com/g...eath-tests.htm

The federal procedure for testing pilots is described here:

http://www.aviationmedicine.com/DOTetohtest.htm
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Old 23rd Dec 2003, 08:53
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Associated Press report
12/22/2003, 8:22 p.m. ET

LEESBURG, Va.[/b] — A Virgin Atlantic Airways pilot accused of showing up drunk to fly a plane from Washington to London was released from jail Monday after posting $25,000 bond and surrendering his passport.

(He) refused to talk to reporters while leaving the jail in Leesburg, about 40 miles west of Washington, D.C.

(Very wise of him.)
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Old 23rd Dec 2003, 14:30
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I don't often post on here, am more of a silent reader, but I have to say that with this guy's face and name on every news bulletin (and I'm watching in Australia) maybe some of us - especially at this time of year - should have a little compassion for his family. I'm sure that some of you out there know him, and I'd like to think that somewhere the caring face of aviation isn't dead. He is not even guilty yet, spare a thought for those left in the UK.
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Old 23rd Dec 2003, 15:29
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Post WHAT PRICE A DECENT PUBLICIST?

Absolutely, Polyanna. A BA Captain has recently resigned honourably, out of a sense of responsibility to his crew, despite his own negative blood test. The Virgin PR response to Capt [redacted] case has been a lot more impressive and initially supportive IMHO than that seen from BA - is this just being sharper or a symptom of closer, better-informed management. The fallout in media terms has been much greater because it's the third case in the UK media this year and it delayed 383 pax at a difficult time in the travel season. Meanwhile, we wish all the families concerned some respite from this media hell as Christmas approaches. The Press are only doing their job, so perhaps we need union/company emergency funds to fight the story in the public domain in future cases. The truth is irrelevant once the story is dead - only perceptions count. Get me Max Clifford!

Last edited by flapsforty; 23rd Dec 2003 at 18:20.
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Old 23rd Dec 2003, 16:22
  #136 (permalink)  
 
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The fallout in media terms has been much greater because it's the third case in the UK media this year and it delayed 383 pax at a difficult time in the travel season
Also don't forget there was a piece of **** from Sky News due to travel on the flight as well. This is a Murdoch owned station remember. Can't think of a worse mob to get first hand details.
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Old 23rd Dec 2003, 16:25
  #137 (permalink)  
 
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We are still in fog/IMC here!!
Following my posts and that of Airbubba and Flying Lawyer can some of our USA friends clarify what happened at the airport?
The latest report posted here says
"some basic tests were given to..."
Was this a breathaliser? Walking the line? Finger Nose??
Surely the Prosecuter at the Prelim Hearing had to give the Judge some alcohol level information and this is a matter of public record?? Still
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Old 23rd Dec 2003, 17:33
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After plodding through this long thread I am surprised that nobody seems to have remarked on the oddity of relatively untrained people - whether airline or TSA or XYZ - being able to start a situation like this because they "smell alcohol" or somesuch.

As one with more than a little experience smelling alcohol, I can tell you it isn't all that easy. I would bet that nine out of ten untrained people who think they're smelling alcohol are really triggering on some other familiar smell they associate with alcohol consumption... perhaps the unmistakable malty smell of beer, the fruity or vinegary smells of wine, or the volaitile hydrocarbon smells of just about any liquid that will burn with the touch of a match. Some of these latter ones can be produced by the body of relatively healthy persons who are in a strange place metabolically speaking - ketones and acetone being two very common substances, each smelling somewhat illicit on the breath, which the body manufactures on its own initiative. At least some breath analysis machines will surely be fooled by these as well. This is where a blood test - with multiple samples taken and tested at two or more different labs - can save the reputation of an individual unfairly accused.

My point is this: if people have not gone through a formal training course in discriminating alcohol smells from others, then they should not be allowed to put forward such accusations - and any person should expect to be held fully liable if they venture to do so without proper training.



Wino -- I believe the problem with Melatonin is not that it does not work.. but that it eventually decomposes into Seretonin, a feel-good hormone that might conceivably render the crew member insufficiently nervouus and wrought-up.
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Old 23rd Dec 2003, 17:42
  #139 (permalink)  
 
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arcniz - I totally agree. What right has some untrained person to say that he/she 'thought they smelled alcohol' on someone's breath? Do they know what they're actually looking for? Pungent deodorant/aftershave or last night's consumption? And what of those who don't even know what 'alcohol' or 'hangover breath' actually smell like because their religion does not allow it and they have no experience of it?

If the Virgin captain (who has pleaded Not Guilty) is acquitted, will the trouble-making sniffers be held to account?

I thought I smelled alcohol on the breath of a security checker the other week - should I have called Plod to investigate?

I'm amazed that anyone should ever want a career in commercial flying these days....
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Old 23rd Dec 2003, 18:24
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arcniz & Beagel - it's a fundamental right in most countries that if you think someone could be breaking the law, you have the right to report that belief.

Not to investigate, judge or sentence, but the right to report is anyone's and quite rightly so.
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