anaconda wrote:
The DWI was the result of Patricio taxiing through the airport while drunk,
since there are no state laws applying to flying while intoxicated,
Belfiore
said.

Interesting. So if Patricio would claim that he pushed the plane to the
runway, and then took off, he could not be charged!? (at least at the state
level, I'm sure there are a few federal charges pending).


Unless NY has a specific state law related to operating an aircraft
while intoxicated, the DWI charge will probably be dropped. Most
state DWI laws deal with operating a motor vehicle on public roads. A
good lawyer will be able to point out that a taxiway is not a public
road. That's what happened last year in the well publicized case of
the drunk Pennsylvania pilot. Eventually, they cobbled up a charge of
public endangerment or something like that.

There are probably no federal criminal charges pending, although I'm
sure that the FAA will charge him with numerous FAR violations. The
only Federal criminal statutes dealing with drunk flying apply to
commercial ops only.

John Galban=====N4BQ (PA28-180)