Originally Posted by
USMCFLYR
Interesting. After I posed this question to a local prosecutor, I got a strange look and was offered the scenario of "intent to commit murder" only involves the planning type of answer. You don't actually have to pull the trigger on the gun and find out that it has blanks.
As far as the van driver comment - yes - let's try and say that the van driver did something wrong or even insinuate that other van drivers are going to be getting up close and personal *just hoping* to smell alcohol. I'm sure that a pilot who got into a van with an intoxicated van driver would just turn the other cheek too or maybe we could expect every pilot to save his or her crew from the next intoxicated van driver they come across. Really?
If the facts are as they are currently being presented; there is only one person to point the finger at in this scenario.
USMCFLYR
The "crossing the threshold of the airplane" term has long running legal precedence in these sorts of situations. There are other precedents that this FO will have to follow to perhaps ever see the seat of an airplane or airliner again.
The van driver just did what any other citizen would do if put in that situation- who in their right mind would let someone go endanger lives of others? Not tipping, while for whatever reason has seen increased prevalence among the regional guys (pages and pages of excuses and hoops that the van driver has jump through have been discussed ad nauseum on here), but that has nothing to do with the fact that he reported unfit.