Kentucky senator is claiming 'political privilege' to drop DUI

tay

Hall of Fame Member
May 20, 2012
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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.”

The Senator was arrested on January 6, by a Kentucky state trooper, just after 9 pm — on the opening day of the legislative session. Smith was charged with DUI and speeding 20 mph over the posted limit.

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.

However, Johnson claims that Smith didn’t refuse. Instead he claims that the phone in the jail malfunctioned, “He was instead told that he had ‘refused’ after fifteen minutes of attempting to get the phone to work to contact his attorney,” said Johnson.

Johnson is requesting that the license revocation be held off until the judge rules on the motion to dismiss the charges altogether, based on the assertion of the senator, that he is above the law.

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/2015/0...dismissed-citing-lawmakers-privileged-arrest/


http://www.dcclothesline.com/2015/0...dismissed-citing-lawmakers-privileged-arrest/
 

JLM

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Nov 27, 2008
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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.”






Senator Wants DUI Charges Dismissed Citing that Lawmakers are “Privileged from Arrest� -

Who the f**k does he think he is? THAT in itself should disqualify him from ever running for political office!
 

Sal

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Sep 29, 2007
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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.
pretty much short of murder, he's good to go
 

SLM

The Velvet Hammer
Mar 5, 2011
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London, Ontario
Maybe the judge needs new glasses.

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.

Or a dictionary.

Lol.
 

Sons of Liberty

Walks on Water
Aug 24, 2010
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See this is why judges shouldn't be elected.

Actually it's precisely why they should, in order to be held accountable. It's about accountability, judges, in effect, make law. While some might be of the opinion that judges are accountable to "the law", they're not if they are able to change law by reinterpreting it, creatively applying it, or even nullifying it. Welcome to common law.
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
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London, Ontario
Actually it's precisely why they should, in order to be held accountable. It's about accountability, judges, in effect, make law. While some might be of the opinion that judges are accountable to "the law", they're not if they are able to change law by reinterpreting it, creatively applying it, or even nullifying it. Welcome to common law.

They do make law to a certain degree, sure, but they don't manufacture it out of thin air, they need existing legislation to work with. The courts simply test the laws as written, it's up to the government to write the laws. Personally, I feel the concern over self-interest to be re-elected far outweigh the accountability factor, which we (should) have in our elected representatives in the first place.
 

tay

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May 20, 2012
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It's the 'old laws' that I'm sure many Politicians everywhere are scouring right now in case they need them...........








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.”


Section_43
 

CDNBear

Custom Troll
Sep 24, 2006
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The "R" behind his name is all you need to know.
I missed this bit of nonsensical idiocy.

If you think Dems or Libs are above using power of office to mitigate their brushes with the law, you are completely lost.
 

Sons of Liberty

Walks on Water
Aug 24, 2010
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Evil Empire
They do make law to a certain degree, sure, but they don't manufacture it out of thin air, they need existing legislation to work with. The courts simply test the laws as written, it's up to the government to write the laws. Personally, I feel the concern over self-interest to be re-elected far outweigh the accountability factor, which we (should) have in our elected representatives in the first place.


There are merits to your argument, I believe however the only accountability the people have at their disposal is the vote.
 

CDNBear

Custom Troll
Sep 24, 2006
43,839
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Ontario
It's the 'old laws' that I'm sure many Politicians everywhere are scouring right now in case they need them...........

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.”


Section_43
DIU is a Class D Felony in Kentucky.

There are merits to your argument, I believe however the only accountability the people have at their disposal is the vote.
You make a persuasive argument, BUT! By the time the constituents get around to voting out those that abuse the position, the damage is done. Not to mention the fickle, and short term memory of the general public.