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eridani

(51,907 posts) Mon Jan 26, 2015, 06:08 PM Jan 2015

GOP State Senator Argues He Can Legally Drive Drunk

http://www.dailykos.com/story/2015/01/24/1359908/-GOP-State-Senator-Argues-He-Can-Legally-Drive-Drunk

No, this is not an Onion headline. This is the argument that is currently being made by KY State Senator Brandon Smith, who is, ironically, the chair of the Transportation committee. He was recklessly driving 20 miles over the speed limit while intoxicated (.088 on a preliminary breath test).

Smith was quite distraught over this, and by this I don't mean the DUI itself but the fact that he was arrested at all. His attorney is using an obscure law that was written in the 1800s to get his client off that says:

"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".

In other words, as long as Smith doesn't commit a serious crime, he can pretty much do anything he wants while the General Assembly is in session. Since the dumbass got wasted on the opening day of the KY legislature, Jan. 6, he could get off scott-free.

The law was written in the 1890s, the days of the old West, to keep unscrupulous people from preventing legislators from passing laws. It assuredly had nothing to do with shielding a disingenuous lawmaker from drinking and driving--especially since cars hadn't been invented yet.

5 replies

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GOP State Senator Argues He Can Legally Drive Drunk (Original Post) eridani Jan 2015 OP

He is special! Laws don't apply to special people. liberal N proud Jan 2015 #1

I think every state probly has a clause like that. I know WI does. Jackpine Radical Jan 2015 #2

Iirc, can't they wait till the session is over to charge him? Hassin Bin Sober Jan 2015 #3

That law needs to be amended at the very least. CaliforniaPeggy Jan 2015 #4

The federal government has a similar law hughee99 Jan 2015 #5

liberal N proud

(60,336 posts)

1. He is special! Laws don't apply to special people.

Reply to eridani (Original post)

Mon Jan 26, 2015, 06:15 PM

Jan 2015

Jackpine Radical

(45,274 posts)

2. I think every state probly has a clause like that. I know WI does.

Reply to eridani (Original post)

Mon Jan 26, 2015, 06:17 PM

Jan 2015

It kept a legislator out of jail until the end of a legislative session after he was busted for coke & weed. Unfortunately, he was a Democrat. And a domestic abuser.
He did go to jail in the end, though.

Hassin Bin Sober

(26,330 posts)

3. Iirc, can't they wait till the session is over to charge him?

Reply to eridani (Original post)

Mon Jan 26, 2015, 06:19 PM

Jan 2015

Or is he trying to suppress the breathalyzer?

CaliforniaPeggy

(149,640 posts)

4. That law needs to be amended at the very least.

Reply to eridani (Original post)

Mon Jan 26, 2015, 06:22 PM

Jan 2015

Good gawd!

hughee99

(16,113 posts)

5. The federal government has a similar law

Reply to eridani (Original post)

Mon Jan 26, 2015, 06:41 PM

Jan 2015

Article 1 section 6 of the US constitution.

"The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session 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."

If I remember right, Patrick Kennedy attempted to invoke this with the police in 2006 telling them he was "late for a vote" (at 2:35 am), but wisely decided not to argue it in court (although he didn't go to trial, he made a deal with the prosecutor to plead guilty to driving under the influence of prescription medication).

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