We live 10 minutes away from our local airport. My neighbor, who is a professional emergency medical services organizer, and his wife had spent the evening with a bottle of Bloody Mary mix. About 12:15 PM he stepped out on his back porch to call in his cat. While outside my neighbor observed a commercial airliner flying extremely low and apparently taking evasive action. Moments later an F-16 screamed overhead in the direction of the commercial liner, and still moments later the airport lit up the night sky. My neighbor, thinking some kind of airliner tragedy had occurred, called airport security twice from home and got no answer. Being mindful of his profession, my neighbor packed up his medical van with equipment including 4 fully-charged walkie-talkies for communicaton services. On route to the airport, he called the airport security 5 more times, still with no response. Upon arriving at the airport, my friend pulled to a stop in front of a policeman and went over to find out what was going on and how he could be of help. Springing into action, the policeman "grabbed his medical scissors' out of his belt and threw a pair of handcuffs on my friend. He gave him a breathalyzer test (he blew a .08) and charged him with DUI. They left him in cuffs for some 4 hours, transferred him back and forth from city jail to county jail to city jail, and refused to even let him call his wife so she could know where he was. Here are the facts: 1. Because we have a huge Petroleum Tank Farm, we do have 4-6 F-16s at our airport. Since no commercial flights are scheduled to arrive after 12 midnight, the F-16s practice "touch-and-go" landings after midnight. 2. In the wee hours of Wednesday, November 7th a commercial airliner was arriving late and readying to land at about 12:15 AM. To avoid a collision with the F-16, the commercial liner was instructed to take evasive action, thus the erratic flying my friend observed. 3. Coincidentally, the airport had a surprise inspection by the FAA to observe their emergency lighting plan, thus the emergency illumination of the airport that my friend observed from his home. My friend and neighbor now unjustly faces possible conviction on a DUI charge, hefty attorney's fees just to defend himself, steeply increased insurance premiums should he be convicted of anything, and a record that he doesn't deserve. Of course, they are trying to take his driver's license away. His court date is in a couple of weeks. At a critical time in our nation's history when President Bush has asked all Americans to be on the lookout for unusual events and/or strange behavior, my friend did just that. Yet, he finds himself reeling from the slap of the law rather than a pat on the back.
I don't understand...if the BAC in North Carolina (that is where you are right?) is .08, I don't see a problem. He was driving drunk, the fact that he had good intentions shouldn't change that fact.
Sorry Rich - I agree with RM-95 on this. I don't particularily like the attitude of some of the airport "security" people these days, almost a carte blanche for ignorance and abuse. ..... and man, the flipant answer "all in the name of protecting our country" ... just goes so far if common sense is not used by these "security officials" .... but .08 is still .08, my friend.
Also, isn't it a problem for doctors to be drinking and operating? Good intentions yes. I think he'll probably get a slap on the wrist.
As my friend told me, "I wake up at .08." He's a party animal He drinks a lot but I wouldn't say that he has any kind of an alcohol problem. He is not a doctor; he is not even an EMT. He is an organizer of emergency medical services. I get what you are all saying but... if this strange coincidence of events hadn't happened and appeared to be so menacing, he would have been asleep in his own bed by 12:30 instead of facing a DUI conviction BECAUSE HE WAS TRYING TO HELP. I dont' think I'm being unobjective just because he's my neighbor either. In a time of emergency (or so he thought) he responded according to his training and for that he faces conviction. Where are the loopholes? He will likely be convicted or work a plea bargain, but I think it is a sad commentary on our criminal justice system.
Wow. That's just crazy.. I have to agree w/ most people though that despite your neighbor's good intentions, he should have realized he was drunk and had the sense to stay home. I applaud his "good samaritan" idealogy and wanting to help, but he could have seriously endangered others lives by driving in that condition. This is really a tough situation, but I think it would be similar to a dr. who gets called in for surgery and is intoxicated. That's malpractice, despite any intentions.. Hopefully, your neighbor gets a slap on the wrist because of his intentions, but imho, he used poor judgement by putting himself in that position. Again, don't get me wrong. He was trying to help and that's great, but he should have realized that it wasn't his fight and he wasn't in a condition to really help in any way.
I think my first call would have been to 911 rather than airport security. I would think a heart to heart with the DA should clear things up. Perhaps some community service with deferred adjudication.
I have to agree with the everyone else. .08 is .08, and driving in that condition, in a hurry no less, could have produced even MORE potential tragedies. Why didn't his wife drive?
The fact that he only attempted to call airport security and not 911 is probably something of an indication that, in his slightly-to-moderate enebriated state, he wasn't thinking entirely clearly. It sucks that he might not be able to explain himself, and that it all looks worse than it should, but he could have easily avoided this problem if he had just observed the law in the first place.
Man, I thought that I was supposed to be the hard-ass around here! He was responding to a perceived emergency. Calling airport security was harder than dialing 9-1-1. Those are the kind of people he deals with on a professional basis. It showed that he had his wits about him. There is virtually no traffic at that hour of the night. We are not a round-the-clock airport. It's an 8-minute straight shot. One man's .08 is another man's .03. He will be crushed by the letter of the law; where is the spirit of the law? I must be getting soft!
BahDakota got it right, never blow. I don't condone drinking and driving, but I understand. I used to do it all the time. I don't drink anymore. Thank God nothing ever happened. Thank GOD. If you do find yourself in the situation of being pulled over after drinking, follow this advice. Pull into a parking lot. Always pull into a lot and park your car regularly. Give the officer your liscense, insurance, and registration. If he asks if you have been drinking, don't lie. If he asks you to take a breathalizer or line test, tell him, "I refuse to answer any more questions without my lawyer." They will say all sorts of things like, "you don't have that right", "if you don't blow now you will lose your liscense", "we will tow your car and you will go to jail if you don't blow", etc.. All of that will happen anyway if you blow drunk. What difference does it make if you blow. I would rather not have any of you go through a DUI trial. You are not refusing the test, you just want your rights to be protected. Cops have no leverage if you use your head. Tell the cop that you want your lawyer. After a few minutes, the cops will realize this is a waste. They know the drill. You will be arrested, your car will be towed, and you will go to jail. The cop will waste the next 3 hours filling out paperwork for a rap he knows you will beat. The catch is you call your lawyer or a friend and explain the situation. Your lawyer will explain how he is asleep and he will be there in the morning. The lawyer comes at 10-11am and you blow clean. Drinks lots of water and eat all your breakfast. When the case goes to trial, the cops have no evidence. The test says not drunk, they can't prove you were. 4 times I have been able to talk the cop into letting a tow truck tow my car and let me ride with the tow driver. Tell them they have gotten you off the streets, you have had your car towed, and they don't have to waste their night on you. They can find others that are still a danger on the streets. The last time, couple years ago, was in downtown Houston. A date and I, age 19 nonetheless, had left a club downtown. I thought a light was gonna change in order, like they do, so I blew through it. Almost killed us. A cop saw so I pulled down the next street. After talking with the cop, he pointed out that people usually pull down streets the right way. I had gone the wrong way on a one way street to pull over. Doh! The salesmen in me helped me talk my way out of running a red light, while drinking, with a drunk underage girl in the car, as I sat facing the wrong way on a one way street. Oh the **** I used to do. Needless to say, that was our last date. I no longer drive drunk, or drink for that matter, and hope otheres don't drink and drive. If you do find yourself in the same situation, use the the rights that were given to us, don't answer any questions without a lawyer. Sure this is all a pain in the ass, but there could be 2 very different results. I would chose the one without the DUI.
Hmmm....lets say you live in a rural area, and you see a plane go down. It goes down over a hill a couple of miles away. You've just had a couple of martinis with your lady on your porch. If you COULD help, do you say 'nah, i've been drinking?' I don't know about letting him off totally, but the night in jail and the 4 hours in handcuffs might be punishment enough. Personally I think they should have been grateful and/or at least understanding of a citizen trying to help, and arranged for him to get a ride home.
