jetdeltamsy
Posts: 2688
Joined: Tue Nov 14, 2000 11:51 am

Drunk Woman To Serve Time

Sat Feb 11, 2006 8:21 am

YES! We need a lot more outcomes like this one.

http://wcco.com/local/local_story_041162412.html

Jail Time For Drunk Woman Who Disrupted NWA Flight

(AP) Billings, Mont. A New Jersey woman who got drunk aboard a Northwest Airlines flight, hit a flight attendant and tried to get into the cockpit was sentenced to four months in prison.

Judith McKenith, 57, of Bergenfield, N.J., apologized for her actions during her sentencing in federal court in Billings on Thursday, and said she has since entered an alcohol and drug recovery program.

"I regret what happened. I was wrong," she told U.S. District Judge Richard Cebull. "I'm on a different road and I like the road I'm on now."

Prosecutors said McKenith was aboard Northwest Airlines Flight 1279 on Jan. 6, 2004, and had been drinking heavily. FBI investigators said McKenith became belligerent when she was denied additional drinks and hit a flight attendant on the chin. Passengers tried to intervene and McKenith hit one in the face and kicked another in the groin. She then said she was going to the cockpit to talk to the captain.

McKenith was restrained and the plane, en route from Minneapolis to Boise, Idaho, made an unscheduled landing in Billings. As officers removed McKenith from the plane, she tried to kick and bite the officers and tried to wrap her legs around the railing as they went down the stairs from the plane.

A breath test at the county jail showed McKenith's blood-alcohol concentration was 0.20 percent, more than twice Montana's standard for being legally intoxicated.

McKenith was arrested and later indicted for interfering with a flight crew. She pleaded guilty in November.

Along with the prison time, Cebull ordered McKenith to spend three years on supervised release, during which time she is prohibited from flying on airlines, and to pay more than $3,300 in restitution to Northwest Airlines.
Tired of airline bankruptcies....EA/PA/TW and finally DL.
 
TheSorcerer
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RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 8:26 am

Quoting Jetdeltamsy (Thread starter):
YES! We need a lot more outcomes like this one

 checkmark 
Too many drunken dickheads on flights now a days, just what they should get.
Dominic
ALITALIA,All Landings In Torino, All Luggage In Athens ;)
 
airlinelover
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RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 9:23 am

Quoting Jetdeltamsy (Thread starter):
YES! We need a lot more outcomes like this one.

Agreed.. However, just four months?!?! Isn't that like a light slap on the wrist for interfering with flight crew??

Chris
Lets do some sexy math. We add you, subtract your clothes, divide your legs and multiply
 
jetdeltamsy
Posts: 2688
Joined: Tue Nov 14, 2000 11:51 am

RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 9:42 am

Quoting Airlinelover (Reply 2):
Isn't that like a light slap on the wrist for interfering with flight crew??

Chris

Agreed. But for most "law abiding", average, working folks, 4 months in jail would be close to the end of the world.

I think it sent a strong message that I really hope is repeated in the future.
Tired of airline bankruptcies....EA/PA/TW and finally DL.
 
OPNLguy
Posts: 11191
Joined: Tue Jun 15, 1999 11:29 am

RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 10:23 am

Quoting Airlinelover (Reply 2):
Agreed.. However, just four months?!?! Isn't that like a light slap on the wrist for interfering with flight crew??

Time-wise, perhaps, but she's now has a federal felony record, and that will dog her until the end of her days...
ALL views, opinions expressed are mine ONLY and are NOT representative of those shared by Southwest Airlines Co.
 
ukair
Posts: 261
Joined: Tue Mar 27, 2001 11:36 am

RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 10:32 am

Over two years to prosecute her..seems like a very long time.
 
ltbewr
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Joined: Thu Jan 29, 2004 1:24 pm

RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 11:14 am

Also note that she cannot fly for 3 years! I would assume that besides the 4 month jail time, she will be on probation for a while. I do hope she deals with her alcohol problem.
 
BG777300ER
Posts: 238
Joined: Sun Mar 06, 2005 3:22 am

RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 11:42 am

Quoting Jetdeltamsy (Thread starter):
Along with the prison time, Cebull ordered McKenith to spend three years on supervised release, during which time she is prohibited from flying on airlines

Ouch!
Koi mi sra v gashtite?
 
nonfirm
Posts: 426
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RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 11:48 am

To the slammer you go.  bigthumbsup 
 
wjcandee
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RE: Drunk Woman To Serve Time

Sat Feb 11, 2006 12:08 pm

Quoting Jetdeltamsy (Thread starter):
McKenith's blood-alcohol concentration was 0.20 percent, more than twice Montana's standard for being legally intoxicated

Okay -- a different kind of media pet peeve. The accurate statement above would include, at the end, the phrase "when driving a car". Let's review: although it varies from state to state, it is not illegal to have a .2 blood alcohol level. It is not illegal to have greater than a 0.8 BAC as a passenger on an aircraft. It is illegal to DRIVE (or operate a motorboat in most places) with that level. It is not illegal to be falling-down-passing-out drunk in your own home. In public, a typical state law's definition of "public intoxication" is that you are so intoxicated that you either: (a) are behaving in a way that is disruptive or annoying to others nearby or (b) evince behavior showing that you pose a danger to yourself or others. Before her outburst, this lady was most likely exhibiting behavior that suggested that she should not have been served any more liquor (particularly given that absorbtion is quicker at altitude). Similarly, I suspect that she was exhibiting behavior that would have permitted the airline to deny her boarding had she looked like this at the gate. However, on an airline, there is no Blood Alcohol Content limit and no requirement that anybody submit to a breathalyzer or blood test to prove that they are not intoxicated. A person's "limit" is determined by their behavior. This is of course subjective. (However, I have always believed that a good rule of thumb is that if someone else has been pressed by your behavior to the point that they would actually TELL you that you appear to have had too much to drink, you have. You should then proceed to just shut up about it. Having owned several establishments with alcoholic beverage licenses, however, I do not believe that this is a widely-taught -- or widely adhered-to -- rule.)

However, assuming that she wasn't driving, her BAC didn't make her "legally intoxicated".  bomb 

On the other point: let's be glad that they tried her in Federal Court in Montana (as opposed to a more liberal, forgiving place like many major US cities). In Montana, they properly perceived this as a big deal.
 
jetdeltamsy
Posts: 2688
Joined: Tue Nov 14, 2000 11:51 am

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 1:52 am

Quoting Wjcandee (Reply 9):
The accurate statement above would include, at the end, the phrase "when driving a car". Let's review: although it varies from state to state, it is not illegal to have a .2 blood alcohol level. It

For heaven's sake, what it your point?

Drunk is drunk.
Tired of airline bankruptcies....EA/PA/TW and finally DL.
 
wjcandee
Posts: 5339
Joined: Mon Jun 05, 2000 12:50 am

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 6:40 am

Quoting Jetdeltamsy (Reply 10):
what it [sic] your point?

There is no such thing as a "legally intoxicated" blood alcohol level unless you are driving a car or boat.
 
moparman
Posts: 388
Joined: Sat Dec 31, 2005 6:49 am

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 6:55 am

Quoting Jetdeltamsy (Reply 10):
For heaven's sake, what it your point?

Drunk is drunk.

Well: No

While she was legally too impaired to drive a motor vehicle, she was in fact not "drunk" enough to fly on an aircraft. I do not believe that there is a legal threshold for a passenger.

From a medical viewpoint:

1. Females are less tolorant of alcohol (volume consumed) then males due to the smaller average size.

2. Females are less tolorant of alcohol then males, also in a medical sense.

3. The effect of altitude is more severe in females than in males (on average)

4. People have diffrent thresholds of tolorance when it comes to consumption of these beverages.

It would be my diagnosis: just from reading what happened, that I suspect that the woman in question was suffering from the above effects and her reaction was based on the unique set of circumstances. This does not at all excuse her behavior, and she is DAMN LUCKY to have recieved a very light sentence in my opinion. I would be very interested to hear from an attorney or judge who posts on this forum on what he thinks about it.

Neither my wife or I are heavy drinkers, but do enjoy a glass or two of wine with dinner and an occasional beer in my case. Normally two glasses of wine with a meal have little effect on her. However when flying, two glasses will make her a bit tipsy, because of the above reasons.

[Edited 2006-02-11 23:05:19]

[Edited 2006-02-11 23:07:33]
"Harming a patient is unethical, but I can inflict as much pain as I like" Dr. Phlox
 
Poitin
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RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 7:01 am

Quoting Wjcandee (Reply 11):
Quoting Jetdeltamsy (Reply 10):
what it [sic] your point?

There is no such thing as a "legally intoxicated" blood alcohol level unless you are driving a car or boat.

Oh, I think the FAA would disagree with you, and you certainly can be arrested for "drunk and disorderly in public" which she was. Most states use the Drunk Driver law. For get what the FAA uses, but is is very low.
Now so, have ye time fer a pint?
 
wjcandee
Posts: 5339
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RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 8:08 am

Quoting Poitin (Reply 13):
Oh, I think the FAA would disagree with you, and you certainly can be arrested for "drunk and disorderly in public" which she was. Most states use the Drunk Driver law. For get what the FAA uses, but is is very low.

Oh, good lord. Please reread the post to which the guy above responded. My point was that you use CONDUCT not Blood Alcohol Content to determine virtually all alcohol-related crimes -- other than driving -- in the vast majority of states.
 
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zippyjet
Posts: 5091
Joined: Tue Sep 04, 2001 3:32 pm

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 8:21 am

Quoting TheSorcerer (Reply 1):
Quoting Jetdeltamsy (Thread starter):
YES! We need a lot more outcomes like this one


Too many drunken dickheads on flights now a days, just what they should get.
Dominic

A great start! It's ashame their wasn't a similar verdict in regard to that infamous incident of assault and battery of a CO gate agent in Newark!
I'm Zippyjet & I approve of this message!
 
wjcandee
Posts: 5339
Joined: Mon Jun 05, 2000 12:50 am

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 8:24 am

Quoting Poitin (Reply 13):
you certainly can be arrested for "drunk and disorderly in public" which she was

You know, I myself actually try to look stuff up before I just willy-nilly contradict other people. In fact, in the State of Montana, which is at issue here, it is expressly NOT a crime to be drunk in public. It IS a crime to be disorderly in public, but that's the case whether one is drunk or not.

From the Montana Code Annotated:

53-24-107. Public intoxication not criminal offense. (1) A person who appears to be intoxicated in public does not commit a criminal offense solely by reason of being in an intoxicated condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated in public shall proceed in the manner provided in 53-24-303 and subsection (3) of this section.
(2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated until the person is no longer creating a risk to self or others.
(3) A peace officer, in detaining the person, shall make every reasonable effort to protect the person's health and safety. The peace officer may take reasonable steps for the officer's own protection. An entry or other record may not be made to indicate that the person detained under this section has been arrested or charged with a crime.
(4) A peace officer, acting within the scope of the officer's authority under this chapter, is not personally liable for the officer's actions.

53-24-303. Treatment and services for intoxicated persons. (1) A person who appears to be intoxicated in a public place and to be in need of help may be assisted to the person's home, an approved private treatment facility, or other health care facility by the police.
(2) A peace officer acting within the scope of the officer's authority under this chapter is not personally liable for the officer's actions.

SO, Montana says that if you are drunk in public, it's not a crime unless you violate some other law. It also says that a peace officer who finds you drunk in public can drive you home or to the hospital if you appear to "need help".

Once again: having a particular Blood Alcohol Content is NOT A CRIME in virtually all states unless you drive, and being drunk is not a crime unless you commit some other crime while drunk (like disturbing the peace) or pose a danger to yourself or others. Some states, like Montana, don't even make it a crime to pose a danger to yourself by being drunk; they rather paternally assume that they should help protect you from yourself. Similarly, New Jersey expressly prohibits any governmental unit in the state from creating a "public intoxication" or equivalent law.

[Edited 2006-02-12 00:35:23]
 
alfa75
Posts: 488
Joined: Mon May 16, 2005 11:27 am

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 10:10 pm

Quoting Wjcandee (Reply 9):
It is not illegal to have greater than a 0.8 BAC as a passenger on an aircraft

I hate to nitpick. And I know it may be a typo, but it is a common error to quote a BAC of 0.8. Most people, I think, would be dead at that point.

The correct limit for most states (although I think it may be all) while operating a motor vehicle is .08 BAC.

Either way, I do agree with your point about being drunk in public. It's what you do while being drunk that matters.
The best things in life aren't things!
 
Grbld
Posts: 349
Joined: Tue Dec 06, 2005 9:25 pm

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 10:31 pm

Quoting Zippyjet (Reply 15):
A great start! It's ashame their wasn't a similar verdict in regard to that infamous incident of assault and battery of a CO gate agent in Newark!

What was the verdict there?

To be honest, I don't really see the similarities with this case as other people's safety was not at risk. While I find it just as astonishing that ordinary folks seem to get a mental switch flicked when they arrive at the airport, it still doesn't qualify as anything more grave than when the person assaults any guy on the street.
 
wukka
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Joined: Wed Jan 26, 2005 1:08 pm

RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 10:59 pm

Quoting Alfa75 (Reply 17):
I hate to nitpick. And I know it may be a typo, but it is a common error to quote a BAC of 0.8. Most people, I think, would be dead at that point.

Depends on where you're at and what formula you're using. The "standard" in the US is grams per 100mL, but some definitions use milligrams and deciliters (or some combination of such); so it's not really an error... but you're correct that a 0.7 by US norms would only be found in a morgue, yet a 0.7 in Austrailia might put you on the defensive end of a traffic stop.
We can agree to disagree.
 
ImperialEagle
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RE: Drunk Woman To Serve Time

Sun Feb 12, 2006 11:47 pm

Good---off to the slammer with 'er! Too bad the courts don't seem willing to throw the book at more behaviourally disfunctional people. bigthumbsup 

Now, THAT having been said----even though it is perfectly legal------serving drinks onboard an airliner is still the practice of dispensing a POWERFUL DRUG! (Ducks and covers head)

Too many folks are on other drugs that don't mix well, like anti-depressants, etc. Sometimes they don't even realize whats happening to them. Not a good excuse---but it happens all the time.

 stirthepot 
"If everything seems under control, you're just not going fast enough!"

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