For Pilots, First DUI Has Greater Impact with the FAA
December 4, 2009 by tgabeh · Leave a Comment
The FAA has gotten more stringent regarding the treatment of pilots convicted of Driving Under the Influence (Cal. Veh. Code §23152(a) and/or §231252(b)). First-time DUI offenders will not escape the scrutiny by the FAA as easily as they have in the past. In California, Cal. Veh. Code 23152(a) states that it is unlawful to drive a vehicle by any person who is under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug. §23152(b) is referred to as the presumptive limit, and that states that it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
Pilots Can Lose Medical for Multiple DUI’s or Drug Charges
June 2, 2009 by tgabeh · Leave a Comment
The Code of Federal Regulations, Formerly known as FAR’s, section § 61.15 specifically deals with offenses by pilots involving alcohol or drugs. A conviction for the violation of any Federal or State statute relating to the various actions related to narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for the denial of an application for any certificate, rating, or authorization for a period of up to 1 year after the date of final conviction or a suspension of your ratings. Read more
Unruly Airline Passenger Faces Federal Criminal Charges
December 17, 2008 by tgabeh · Leave a Comment
FBI agents were recently called to respond to a JetBlue flight from New York to California. The flight was diverted due to an intoxicated passenger who caused a disruption during the flight. After the other passengers exited the aircraft, the unruly passenger was identified, interviewed, arrested and taken into custody and booked.
The suspect faces a federal criminal complaint, charging him with the assault and intimidation of flight attendants and crew members of an aircraft, thereby interfering with the performance of the duties of the flight attendants and crew members and lessening the ability of the flight attendants and crew members to perform their duties.
Federal Aviation Regulation (Code of Federal Regulations) 91.11 explicitly states: “No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated.” This regulation applies to ANY person, regardless as to whether they are certificated as an “airman”. All persons travelling on board airplanes, commercial or general aviation, are held accountable to adhere to the Code of Federal Regulations (CFR’s). The CFR’s are federal law. They apply uniformly to all passengers in any airplane flying in U.S. airspace. Failure to adhere to federal guidelines will result in civil penalties and possibly criminal penalties as well.
If you have received a notice of enforcement action from the F.A.A. for violation of a federal aviation regulation, you need the assistant of a competent aviation lawyer immediately. If you are charged with criminal misconduct while on an airplane, you need the assistance of a criminal defense attorney well versed in the federal aviation regulations. Houston & Blanco emphasizes criminal defense as well as aviation law. We are among the few that understand both fields and we can best represent you on both the civil as well as criminal allegations. Do not wait and do not make any statements to any investigators without first speaking to you’re the aviation and criminal defense attorneys at Houston & Blanco. It is important to safeguard your rights by contacting the aviation attorney’s at Houston Law of California immediately. Call 714.841.3921 today, or email at info@HBLawyers.net.
Flying Too Low In Orange County May Lead to FAA Enforcement Action for “Buzzing”
November 21, 2008 by tgabeh · Leave a Comment
The Federal Aviation Administration (FAA) recently cleared a pilot of wrongdoing in several alleged “buzzing” incidents over a Northern California neighborhood in July.
The FAA’s case was based on reports that a single engine Beechcraft Bonanza was seen flying low over a neighborhood belonging to the alleged pilots ex-girlfriend several times over a two-week period.
Nevertheless, unable to establish sufficient evidence to determine conclusively that the Bonanza’s pilot violated the minimum 1,000-foot AGL requirement Read more