Senator wants DUI charges dismissed, cites ‘lawmaker privilege’

Senator wants DUI charges dismissed, cites ‘lawmaker privilege’

A Kentucky state senator is having no reservations about proclaiming his political privilege. In fact, he’s simply citing a section of the Kentucky constitution that claims politicians are in fact, above the law.

Sen. Brandon Smith (R) was charged with driving under the influence and wants the case dismissed citing that lawmakers are “privileged from arrest.”

His attempt to circumvent the hand of justice have thus far proven to be successful too. On Wednesday a judge delayed Smith’s arraignment after his attorney filed this request.

“(Smith) has raised a serious constitutional issue regarding his immunity in this case,” attorney Bill Johnson wrote.

Smith and his attorney are citing a century-old rule, Section 43 of the Kentucky Constitution, which is still on the books and states:

“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.”

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