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.

via Middlesboro Daily News