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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsKentucky Senator Brandon Smith Wants DUI Dismissed, Claims Political Immunity
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, Smiths attorney filed a motion for dismissal, citing Section 43 of Kentuckys 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 Smiths 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
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Kentucky Senator Brandon Smith Wants DUI Dismissed, Claims Political Immunity (Original Post)
kpete
Jan 2015
OP
So is there a list of crimes that are immune? And isn't DUI " a breach of the peace"?
Fred Sanders
Jan 2015
#1
Unurprisingly, he's a Republican, so he will be elected for life regardless of the outcome.
LonePirate
Jan 2015
#4
Fred Sanders
(23,946 posts)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
(21,946 posts)5. That's what I was just going to ask. A DUI should be a breach of the peace.
Cooley Hurd
(26,877 posts)2. IOKIYAR in its most base form...
Dumbass should've just taken his lumps instead of this bizarre defense.
surrealAmerican
(11,360 posts)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
(13,420 posts)4. Unurprisingly, he's a Republican, so he will be elected for life regardless of the outcome.