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U,S, DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON. DC. 

Office Of Regional Counsel 

Federal Aviation Administration 

ComplaJnam 

Vs. 

Helicopter Flite 

Respondent 

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5TATEMENT0F THE ISSUES 

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ARGUMENT 

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'AMENDENT 
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TABLE OF AUTHORITIES 

(SIXTH AMENDMENT) 

POWELL V5, ALABAMA 

JOHNSON vs. ZERB5T 

BETTS vs. BRADY 316 us. 455 

GIDEON vs. WAINWRIGHT 372 US 355 

ALABAMA vs. SHELTON 535 US, 654 

( FOURTEENTH AMENDMENT) 

SOLEBEE vs. BALKCOM 399 us. 9,16 

SNYDER vs. MASSACHUSETTS 291 us. 97,10 5 

JACKSON vs. ROSENBAUM 260 US. 22,31 

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STATEMENT OF THE FACTS 

The decision in this civil penalty case is whether, during the period from February 12,2006 to 

September 15,2008 the Respondent had exclusive use and control of the only aircraft listed in it's 

operations specifications,' a bell model 407 helicopter bearing identification number N4072. 

ARGUMENT 

The analysis starts with a table called FIGURE B-l-C, thus listing the types of violations pertaining 

To operations specifications of domestic air carriers. The above states, there is a violation dispute 

In regards to EXCLUSIVE USE AND CONTROL .This however is NOT listed as a violation. 

In fa a according to the above figure NO violation occurred. 

STATEMENT OF THE FACTS 

On January 21,2010, five days before the hearing was scheduled to begin the Respondents counsel 

Filed a motion withdrawing from the case and advised this court the Respondent wished to represent 

himself. 

ARGUMENT 

The Respondents counsel informed this Honorable court by stating the Respondent would be 

representing himself. The fact is the Respondent had a conflict of interest with counsel, and was 

attempting to retain NEW counsel. The Respondent had to endure this hearing pro-se, The sixth 

Amendment guarantees that the accused H to have the assistance of counsel (SEE CASE QTES NOTED 

AS SIXTH AMENDMENT) In powell vs. Alabama, Justice Southerland said, for the court to always require 

the peoples fundamental personal rights associated with a hearing ie the right to counsel. Without 

counsel the Respondent faced a losing battle .because the Respondent did not have the guiding 

hand of counsel in every step of his hearing. The Respondents sixth Amendment rights were violated. 
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STATEMENT OF THE FACTS 

This Honorable court did not allow the Respondent to introduce into evidence valuable evidence 

That would have cleared this entangled morass of fact and fiction. 

ARGUMENT 

This Honorable court has a duty to weigh ALL evidence and decides on evidence. With respect to this 

Honorable court, valuable testimony was not heard. Had these witness been able to testify the 

following facts would have come into light. 

1. There was a verbal agreement between Air chopper and Helicopter Flite. 

2. Air chopper would have stated. Helicopter Flite did have exclusive use and control over the air craft 

In question. 

However this did not take place. This is a violation of the Respondent's Fourteenth Amendment. 

STATEMENT OF THE FACTS 

Mr. McCoy the (complainant) testified a moderate to maximum penalty was appropriateInstead a $11,000 dollar penalty was imposed. This amount WAS Increased from the normal 

$10,000 dollar penalty under 49 use 46301 (a) (5) the amounts are listed as follows. 

MAXIMUM $4,400 $11,000 

MODERATE $ 2,200 S 4,399 

MINIMUM $ 550 -$ 2,199 

This Honorable court then stated " I would normally reduce this figure to take account of 

Mitigating factors and the technical nature of this violation, as well as the realization that the 

Respondent is, after all a small business owner." 
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ARGUMENT/ CLOSEING / ARGUMENT 

Wha t really drives the u.s. economy? Small business owners wit h fewer tha n 500 employees 

Drives the u.s. economy by providing jobs for over half of th e nations privet workforce. 

The latest figures fro m th e (sba) show that small businesses wit h FEWER tha n (20) employees 

Increased employment by 853,074 during 2005<2008. The small business drives the American 

economy , said Dr. chad Montray, chief economist fo r th e office of advocacy in a press release. 

Small businesses are jo b creators during this hard crunch on our economy, we can't afford t o 

loose these small businesses, and th e numbers prove it. The Respondent IS a small business 

owner . The Respondent has been in business since 1969 (41) years he is a productive member 

of our society. This violation is his first violation and last violation. The complainant Mr. McCoy 

testified a moderate t o maximum penalty would be appropriate. This Honorable court stated 

" he would normally reduce the penalty of $11,000 dollars, after all th e Respondant Is a small 

business owner." With today's economy can w e really afford t o drive away anyone of our 

nations small businesses? after all small businesses increased employment by 853,074. 

The penalty imposed o n th e Respondent WOULD in fact close his doors of a 42 year old 

business. And fo r that reason and all the above stated this case should be relooked at. 

REQUEST 

For the above reasons the penalty of $11,000 should be reduced to something more 

reasonable. 

The Respondent is leaving It up t o the courts discretion 

A hearing in this matter is requested. 

For th e forgoing reasons, th e decision of this court should be reversed. 
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Respectfully Submitted this ^^day of march, 2010. 

Q ^ 

Floyd Hoffman 

March ^ > 2010 

A true and correct copy was mailed to the proper person on March' 2010. 

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FJoyd Hoffman