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Avatar universal

Senator wants political immunity?

http://www.inquisitr.com/1782373/kentucky-senator-brandon-smith/

You've got to be kidding me!  If this guy is representative of what we have in office right now, it completely explains everything.  These people think they are above the law or exempt to the laws they help create and that we are supposed to follow?  

The article says that this jokers attorney says that his client should be privileged from arrest because his arrest came during a legislative session.... so that a-hole was drunk while legislating?  Stop it....  things are becoming very clear to me.
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Avatar universal
It would seem that way.  Let a lawyer get his hands on it and anything can happen.
Helpful - 0
206807 tn?1331936184
I don't think he is going to beat it. I read that he was leaving a friends house.

" “sessions of their respective Houses, and in going to and returning from the same;”
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Avatar universal
"“If there is any silver lining to what I’m having to go through now, and my family, is that it has opened my eyes to a lot of stuff that goes on in the system that I probably wouldn't have believed before,”

Yeah, like there is a law from the frigging 1800's that may get you off?  

If you weren't drinking, how did you blow a .088?  If you say cough syrup, I want everyone in your jurisdiction to kick you in the throat.
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206807 tn?1331936184
And the B.S. Begains-
"HAZARD, Ky. (WKYT) -- Hazard State Senator Brandon Smith is responding to heavy criticism he's received after being charged with DUI in Frankfort and saying it should be dismissed based on a law from 1891.

He spoke exclusively with WYMT's Steve Hensley about the matter Friday and said, “I do not think somebody should be able to use this to protect guilty people.”

Smith is referring to a section of the state constitution which bans lawmakers from being arrested except for certain offenses while the legislature is in session.

Thursday in court, his attorney cited the 1891 rule as a reason the case should be dismissed.

Smith added, “We felt like there were circumstances in this particular case that just didn't pass the smell test and my attorney wanted them to take a look at that so that's the judge's prerogative to make sure that everything's on the square. That they can go through it and make sure this wasn't someone that was targeting us or they had some sort of agenda.”

Smith was charged with DUI on the first day of the 2015 legislative session. A citation says Smith had a .088 percent blood alcohol level in a portable breath test.

He would not discuss specifics of the case but he denies drinking that night and says the truth will eventually come out.

“I’m sorry that we weren't able to talk earlier. I felt like i should be able to talk about this as soon as it happened and you get a lot of legal advice and you bring people in. I've never been in jail before in my life. I've never been arrested. In 40 years I've had four tickets,” said Smith.

Smith said he's received threats and the ordeal has been embarrassing, scary and tough on his family.

“If there is any silver lining to what I’m having to go through now, and my family, is that it has opened my eyes to a lot of stuff that goes on in the system that I probably wouldn't have believed before,” added Smith.

He says he will plead not guilty if the case is not thrown out.

Smith represents the 30th District, which includes several counties in eastern Kentucky."
http://www.wkyt.com/home/headlines/Senator-talks-about-DUI-charge--289625721.html
Helpful - 0
206807 tn?1331936184
“The members of the General Assembly shall, in all cases except treason, felony, "

From what I have read, a DUI is not a Felony in the State of Kentucky until the 4th DUI.

If he does get away with it, Hopefully the People of Kentucky will see him for what he is. If he goes for the Loop Hole instead of "Taking his Medicine", he is basically saying, it is OK to drive drunk as long as you can find a Loop Hole to get away with it or "Do as I Say and Not as I Do." If you find away to follow the story let me know.
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Avatar universal
No, I understand what you are saying.  The way the thing is worded certainly looks like there might be a chance but the laws defining DUI have been written since.  

And for the record, if this a-hole were coming back from a "session" and were drunk.... I'd hope to high hell that the people who elected him are paying attention.  Do you really want a drunk up there???
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Avatar universal
I think it could be argued a breach of surety of the peace may have taken place.
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206807 tn?1331936184
I agree with 100% and I am not defending him. But, it looks like to me, since they law has not been amended ,all he has to do is prove he was “going to and (or) returning from the same (session); and for any speech or debate in either House” and the Judge will have to dismiss the case.


“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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Avatar universal
Obviously some d-bag attorney will jump all over the idea of dragging this mess in to court, just for the notoriety.  This should be a common sense, no need to discuss situation.  I believe taking this to court would be a waste of time and resources and certainly there has to be something more pressing to wander through the legal mine field over.  Not DUI.  

The legal description of a DUI is spelled out in very plain English and I'm pretty sure the majority of people born and raised in this country who have a drivers license understand what a DUI is and what the ramifications of getting a DUI are.
Helpful - 0
649848 tn?1534633700
Well, he wasn't attending a session, at the time, so the way I read it, unless he was going to, or returning from, a session, he doesn't have a leg to stand on... but I wouldn't think he would anyway, since DUI is against the law in any state, no matter what.

If the judge dismisses the charges, someone needs to look at removing him from the bench.  Lawmakers should not be exempt from the laws they make and if they determine that DUI is against the law they should not be able to drive under the influence; they are just as likely to kill innocent people as any other drunk.
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Avatar universal
I may be willing to give up hope for the system if this a-hole walks.  No way can he not be held accountable for DUI when people are losing their jobs for the c-rap they say.
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206807 tn?1331936184
If it means, it was made a law in 1891 and has not been modified,the a-hole just may have a case.
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Avatar universal
I've got no clue but it surely cannot mean that these a-holes are above prosecution....
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206807 tn?1331936184
What does this mean "Although the rule was adopted in 1891, it was never amended"?.
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