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Republican Senator Insists He Does Not Have To Follow The Same Laws As Ordinary People

Posted by on Jan. 31, 2015 at 10:06 PM
  • 27 Replies
1 mom liked this

Republican Senator Insists He Does Not Have To Follow The Same Laws As Ordinary People

Kentucky Senator Brandon Smith (R) was arrested on Jan. 6 and charged with driving under the influence and speeding. Kentucky State troopers claim Smith blew a .088 and was driving 65mph in a 45mph zone.

Sen. Smith was taken to the Franklin County Regional Jail. According toDC Clothesline, Sen. Smith refused to take an official breathalyzer test which resulted in the automatic suspension of his driver’s license.

The Senator’s lawyer, Bill Johnson, denies that Sen. Smith refused to take the test. Johnson claims that Sen. Smith was attempting to contact his lawyer for 15 minutes on a broken jailhouse phone. In the course of attempting to reach his attorney, officers accused Sen. Smith of not cooperating with the administering of the breathalyzer test.

Sen. Smith wants the charges against him dropped and his driver’s licensed reinstated. He insists he is exempt from being charged with a DUI because language in the Kentucky state constitution protects politicians from arrest while in session.

According to Raw Story, Section 43 of the state constitution reads: “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.” Sen. Smith’s arrest took place on the opening day of the legislative session.

Johnson told the Associated Press that this specific language was added to Kentucky’s constitution in 1891, to “keep legislators from being bothered by people who would arrest them during sessions,” as reported by Raw Story. Essentially, Sen. Smith believes that he does not have to abide by the same rules as the rest of society and is of “privileged” status.

However, others disagree with Sen. Smith’s logic. Kentucky.com reports that Assistant Franklin County Attorney David Garnett told The State Journal that, "My preliminary impression is that the 1891 constitution did not intend to give legislators blanket immunity for any act committed during the legislative session."

Johnson has filed a motion to dismiss on behalf of his client, based on the language of the Kentucky constitution. The motion is scheduled to be heard next month on Feb. 12, 2014. It will be interesting to find out if the Judge agrees with Johnson’s argument.

Nerds Without Pants

by on Jan. 31, 2015 at 10:06 PM
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Replies (1-10):
Sisteract
by Socialist Hippie on Jan. 31, 2015 at 10:37 PM

Laws do not apply to legislators, sounds about right.

These effers will twist and contort in order to avoid taking responsibility for their own behaviors. I guess someone else poured the alcohol down his gullet and pushed the pedal to the metal of the floorboard.

Personality responsibilty is a novel concept.

MyMyOhMy
by Bronze Member on Feb. 1, 2015 at 7:03 AM

The title is a bit misleading.

It's not that he believes he doesn't have to obey the same laws (which he probably does believe but that is a different issue). 

It's that he has special protection against some laws while in session. This is very common in a lot of southern states as fall out from reconstruction after the civil war.

In Texas for example, you can't be ticketed going to or from the polls and yes I know people who have gotten tickets dismissed that way.

I don't know the specifics but based on what is presented he will likely win since the law specifies felonies and not misdemeanours. He'd hardly be the first politician to take advantage of this sort of loophole.

bellawomen
by Bronze Member on Feb. 1, 2015 at 7:10 AM
Sounds like something any politicians try to pull. Idiot. When you are potentially endangering others, you deserve to be arrested.
broboxer
by Bronze Member on Feb. 1, 2015 at 8:36 AM
The 1st paragraph says he blew a .088. The 2nd says he refused a breathalyzer. I'm confused
Mommy_of_Riley
by Just Jess on Feb. 1, 2015 at 8:52 AM
Sounds like Kentucky needs to change some wording in their state constitution.
Mommy_of_Riley
by Just Jess on Feb. 1, 2015 at 8:54 AM
You are given two breathalizers when arrested for a DWI/DUI

One "on-site" in order to arrest you and an "official" one at the police station before charges are filed.


Quoting broboxer: The 1st paragraph says he blew a .088. The 2nd says he refused a breathalyzer. I'm confused
broboxer
by Bronze Member on Feb. 1, 2015 at 8:55 AM
Ahh, thanks . I didn't know there were 2.
Mommy_of_Riley
by Just Jess on Feb. 1, 2015 at 9:00 AM
No problem. :-)


Quoting broboxer: Ahh, thanks . I didn't know there were 2.
mikiemom
by Gold Member on Feb. 1, 2015 at 10:03 AM

 I know this man sounds crazy but there is a reason they believe this. Congress does not have to follow many of the rules that most government workers have to follow. IE - from not smoking in government buildings to following computer security laws and rules. It doesn't surprise me that they feel immune to other laws and rules as well.

Quoting Sisteract:

Laws do not apply to legislators, sounds about right.

These effers will twist and contort in order to avoid taking responsibility for their own behaviors. I guess someone else poured the alcohol down his gullet and pushed the pedal to the metal of the floorboard.

Personality responsibilty is a novel concept.

 

DSamuels
by Platinum Member on Feb. 1, 2015 at 1:00 PM

He's a KY state senator, not a US senator from KY. That's why he's claiming some obscure KY law. Sounds like an ass to me. They exist in both parties.

Quoting mikiemom:

 I know this man sounds crazy but there is a reason they believe this. Congress does not have to follow many of the rules that most government workers have to follow. IE - from not smoking in government buildings to following computer security laws and rules. It doesn't surprise me that they feel immune to other laws and rules as well.

Quoting Sisteract:

Laws do not apply to legislators, sounds about right.

These effers will twist and contort in order to avoid taking responsibility for their own behaviors. I guess someone else poured the alcohol down his gullet and pushed the pedal to the metal of the floorboard.

Personality responsibilty is a novel concept.



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