Tuesday, January 27, 2015

Brandon Smith Is A State Senator So He Is Allowed To Drive Drunk

Brandon Smith, a Republican … dontcha know … state senator from Kentucky is trying to have his DUI charge dismissed because a one-hundred-twenty-three year old addition to the state constitution bans lawmakers from being arrested while the legislature is in session.
Yes, he’s doing just that.
See, Smith was arrested and charged with DUI on January 6, the very first day of Kentucky’s 2015 legislative session and, after a Breathalyzer test, was found to have a blood alcohol level of .088; even in Kentucky a person is presumed drunk when the alcohol to blood ratio is .08 and above.
But Smith’s attorney Bill Johnson has filed a motion to dismiss the charges citing section 43 of the Kentucky Constitution which states that "members of the General Assembly shall, in all cases except treason, felony, breach of 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."
That language was added to the constitution in 1891.
And even Bill Johnson admits that the purpose of that addition was to "keep legislators from being bothered by people who would arrest them during sessions." It was not created to allow asshats like Brandon Smith to get out of a drunk driving charge when he was clearly drunk.
I wonder if Brandon Smith and Johnson would have filed suit to dismiss the charges if Brandon Smith, while driving drunk, killed someone.
Is this what passes for a legislator in Kentucky? A man who clearly breaks the law, endangering the citizens of hisstate, and then tries to weasel out of the crime because of an ancient statuette that doesn’t really apply to him.
No one was trying to arrest Smith during the legislative session to disrupt the session or to “bother” him; he was arrested for breaking the law, for driving drunk.
You’d think a legislator would try to uphold the law, not find some way to circumvent taking responsibility for his actions.
If you’d like, go HERE to send Smith an email telling him to take responsibly for his actions and not try to hide behind some antiquated law.


the dogs' mother said...

Wonder if they have plans to change the law?

anne marie in philly said...

this week's asshat right here!

Ron said...

Another case of two sets of rules: one for the asshats and the other set for us, the Great Unwashed.

Helen Lashbrook said...

I'm afraid that law originated over here to stop MP's from being arrested for debt. It doesn't stop them for being arrested for DUI or anything like that. For more serious crimes the Sargeant at Arms has to approve the arrest; i.e the police have to show reasonable grounds. The law doesn't stop them being arrested; in the past year or so we've had MP's arrested for rape and other serious crimes, while they are arrested for speeding, DUI etc. all the time!

Biki Honko said...

shaking my head in disgust