Kentucky Senator Brandon Smith Wants DUI Dismissed, Claims Political Immunity

[kpete]

Posted in: News Posted: January 23, 2015
Kentucky Senator Brandon Smith Wants DUI Dismissed, Claims Political Immunity




Kentucky Senator Brandon Smith has requested that his DUI charges be dismissed, as he is “privileged from arrest.” On Wednesday, Smith’s attorney filed a motion for dismissal, citing Section 43 of Kentucky’s Constitution. Although the rule was adopted in 1891, it was never amended.

In early January, Brandon Smith was pulled over by the Kentucky State Police. Although the senator was originally stopped for speeding, the officers had reason to believe he was driving under the influence of alcohol.

As reported by WKTY News, Smith consented to a breathalyzer test. However, he was arrested as his blood alcohol content was over the legal limit of.08.

During arraignment, Senator Brandon Smith’s attorney argued that their client was immune from arrest as the crime was committed during a legislative session. In their motion, the attorneys referred to Section 43 of the state constitution.

“The members of the General Assembly shall, in all cases except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance on the sessions of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.”

Read more at http://www.inquisitr.com/1782373/kentucky-senator-brandon-smith/#y2Kgrxd8oAEwpiZC.99

[Fred Sanders]

1. So is there a list of crimes that are immune? And isn't DUI " a breach of the peace"?

Talk about padding the legal bill, what did that brilliant argument taken seriously cost the taxpayers?

[shraby]

5. That's what I was just going to ask. A DUI should be a breach of the peace.

[Cooley Hurd]

2. IOKIYAR in its most base form...

Dumbass should've just taken his lumps instead of this bizarre defense.

[surrealAmerican]

3. Reading the law, it would appear that, unless he was driving ...

... to or from work, he doesn't have a wobbly leg to stand on. If he was going to work drunk, or coming home from work drunk, that would raise a different set of questions.

[LonePirate]

4. Unurprisingly, he's a Republican, so he will be elected for life regardless of the outcome.