Charter & Fractional
Lawyer: Dismiss Operating While Intoxicated Charges
Lawyer claims that, by definition, the pilot did not “operate” the aircraft.

December 2 Motion To Dismiss Indictment

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A motion filed on Friday is asking a judge to dismiss federal charges against Sean Michael Fitzgerald for “operating” a Talon Air Challenger 604 while intoxicated on August 25 at Cherry Capital Airport in Traverse City, Michigan. His lawyer, Larry Willey, claims in the motion that Fitzegerald—whose blood alcohol content at the time was determined to be 0.343, more than eight times the FAA's legal limit—by definition did not “operate” the aircraft.