KY SENATOR WANTS DUI CHARGE DISMISSED BASED ON 1891 RULE! (Video)

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DUISENATOR

By Blaze and Spitfire AMERICAS FREEDOM FIGHTERS –

An Eastern Kentucky lawmaker was arrested for drinking and driving in Frankfort, said he never should have been taken to jail. According to court documents, Senator Brandon Smith is using the Kentucky constitution and legislative immunity to defend himself.

The Free Thought Project reports:

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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.

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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.

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This is outrageous, he should be charged like everyone else. He believes he is above the law because he is a lawmaker. He needs to be held accountable for putting people’s lives in danger. 

 

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