Pilot Wants DUI Charges Dropped

The pilot who was forced to land Jan. 15 after nearly colliding with a police helicopter claims in court papers that Montgomery County (PA) 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 FAA 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, according to prosecutors, had a blood-alcohol content of 0.15 percent, nearly twice the current legal 0.08 percent limit to drive in Pennsylvania. The legal blood-alcohol limit for pilots is 0.04 percent. In the criminal complaint, authorities also alleged Salamone, 44, had traces of Valium in his bloodstream.

"The lab report states with reasonable scientific certainty that the defendant was unfit to operate a motor vehicle safely based upon the alcohol level alone. The report further states that his unfitness to operate a motor vehicle safely was even worse due to the presence of (Valium) in the defendant’s blood," county Detective Drew Marino wrote in an amended criminal complaint.

The plane, which was registered to Salamone’s contracting business, J. Vincent Concrete Contractors Inc. of Queen Street in Pottstown, left the Pottstown-Limerick Airport around 6 p.m. Jan. 15, according to prosecutors. A short time later, police in Williamstown, N.J., received reports of a low-flying aircraft about 3 miles from the Cross Keys Airport in Monroe. The plane then headed toward Philadelphia, authorities said. Air traffic controllers notified Philadelphia police that the plane was flying at an extremely low altitude over the runway in restricted airspace without authorization, according to the criminal complaint. Authorities said Salamone ignored numerous requests by air traffic controllers to land his plane, and a Philadelphia police helicopter crew gave chase, following the plane into Montgomery County.

On two occasions, the plane came close to flying into the police helicopter over a residential community in the airspace above the Limerick airport, detectives said. The crew of the police helicopter was finally able to make contact with Salamone and advised him to follow the helicopter in for a landing.

District Attorney Bruce L. Castor Jr. said Salamone, flying a single-engine Piper Cherokee, came within 900 feet of a commercial airliner packed with passengers during the flight. Air traffic controllers at Philadelphia International Airport confirmed that four commercial airliners were diverted away from Salamone’s plane while he was operating it in restricted airspace, according to the criminal complaint. Salamone’s plane also came within a quarter-mile of the Limerick nuclear power plant, Castor said.

Green argued that Castor’s effort to regulate air commerce near nuclear power plants by applying general criminal laws is preempted by federal authorities.

"The federal government has issued various rules and directives that regulate flight near nuclear power plants. Flight near the Limerick nuclear station is necessary to the operation of the Pottstown-Limerick Airport and cannot be prohibited by application of state criminal laws," Green argued.

Under state law, there is no separate charge for the drunken operation of aircraft. Castor relied on the definition of a "vehicle" as something that travels on "a way" to file the DUI charge against Salamone.

Green, relying on a previous court ruling in another case, argued that motor vehicle laws commonly pertain to vehicles moving on land and should not be extended to aircraft simply upon the speculation that if the legislature had thought of it, broader words might have been used in the law.

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. 
 

FMI:  www.montcopa.org