Kentucky State Sen. Brandon Smith (R)
[From article]
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.
[. . .]
The State Journal reports that according to the citation, Smith was stopped on Village Drive after he was seen driving 65 mph in a 45 mph zone on Leestown Road, near the intersection of Copperleaf Boulevard. The trooper described several failed field sobriety tests and said Smith blew a .088 on a preliminary breath test.
Once in the custody of police at the Franklin County Regional Jail, he refused an official breathalyzer. Under state law, refusing a breathalyzer is an automatic suspension of one’s license.
[. . .]
According to the Kentucky law, the senator could have also been caught breaking the following misdemeanor laws of pimping out prostitutes, possessed meth, stolen prescription drugs, used stolen credit cards, and received stolen goods and he would simply have to claim political immunity, and the charges are then rendered invalid. Seems legit.
http://www.dcclothesline.com/2015/01/23/senator-wants-dui-charges-dismissed-citing-lawmakers-privileged-arrest/
Senator Wants DUI Charges Dismissed Citing that Lawmakers are “Privileged from Arrest”
Posted on January 23, 2015
by Matt Agorist
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