The attorney for a pilot accused of trying to fly drunk on a flight from Cherry Capital Airport wants those charges dropped.
The attorney for Sean Fitzgerald filed a motion to drop the charges saying the plane never left the airport and Fitzgerald did not operate the plane.
Fitzgerald was arrested on August 25th after police say he had a blood-alcohol content of 0.30.
He was set to be the co-pilot on a Talon Air flight from Traverse City to Massachusetts.
He has been charged in federal court with trying to fly while under the influence of alcohol.
His trial is scheduled to start next month.