http://www.pottstownmercury.com/site...= 18041&rfi=6

Pilot wants DUI charges dropped

Carl Hessler Jr. , Mercury Staff Writer 02/09/2004

NORRISTOWN -- The pilot who was forced to land in Limerick Jan. 15
after nearly colliding with a police helicopter claims in court papers
that Montgomery County prosecutors have no authority to take him to
court on drunken driving charges.

John V. Salamone, through his lawyer, Joseph P. Green Jr., is arguing
that federal law preempts state law in the area of commercial pilot
qualifications and capacity to operate aircraft in interstate commerce
where there is no death, injury or damage to property.

"There is no allegation that (Salamone) caused actual injury to any
persons or property. Therefore, the commonwealth lacks jurisdiction to
prosecute him for matters that are solely within the jurisdiction of
the federal government," Green wrote in the court document.

"As a result of the conduct in question," Green argued, the Federal
Aviation Administration has suspended and revoked Salamone’s
commercial pilot’s license, and Salamone has voluntarily surrendered
his FAA medical certificate.

Green has asked a county judge to dismiss all criminal charges against
Salamone, who was charged last week with risking a catastrophe,
recklessly endangering other people, and driving under the influence
of alcohol or a controlled substance.

Salamone is scheduled to have a preliminary hearing on the charges
March 2 before District Justice Walter F. Gadzicki Jr. of Limerick.

Assistant District Attorney John Gradel, the prosecutor assigned to
the case, said he will oppose Salamone’s request.

"The commonwealth has jurisdiction to pursue criminal charges against
the defendant," Gradel said. "We will file the appropriate response,
and I look forward to arguing the merits of the commonwealth’s
position in open court."

[...]

Salamone has a history of drunken driving offenses on land, according
to court records. Salamone was convicted twice of drunken driving in
connection with incidents in Collegeville and Pottstown in 1989 and
1990, court records indicate.

Salamone, who remains free on $25,000 bail, could face a maximum of 11
years in prison if convicted of the latest charges.

©The Mercury 2004