Sen Brandon Smith Wants DUI Charges Dismissed

Kentucky Lawmakers are “Privileged from Arrest”?

According to a outdated law in the Kentucky Constitution, Senators are immune from being arrested during sessions in their senate. Sen. Brandon Smith seems to think this law should apply from being held accountable for a DUI.

Apparently the Judge (Possible Golf Buddy) also seems to think that this law applies, as the judge upheld the Senator's lawyers requested response to the charges.

“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 excerpt of this law reads above. 

It also distinguishes "Senators" as "privileged members" immune from regular Kentucky laws. At least during sessions, which I think still happens behind the wheel, while drunk and speeding.

What gets me, is that he was so well aware of this outdated law, he basically recited it during his processing after arrest. Not to mention, he also refused a breathalyzer, but then claimed the phone he used to try to contact his attorney was broken...

Of course this means he refused, but had to weasel out of his drunkenness spurred refusal shortly after. I mean, in Kentucky, if you refuse the breathalyzer, you are supposed to automatically have your license suspended. Unless of course you are a Senator and immune from the laws that govern those you serve....

The State Journal reports that according to the citation, Senator 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 Senator Brandon Smith blew a .088 on a preliminary breath test.

Well folks, let's all assume he will be handled just like the rest of us, tossed in jail, loss of driving privileges, community service and large fines. Again, let's assume that's how he will be handled, after all he is a Senator and above all of us "normal" folk.