Lawmakers’ DUI Attorneys Ask for Charges to Be Dropped Until Legislative Session Concludes

 Posted on December 03, 2014 in DUI

Lawmakers getting into trouble for DUI don't exactly make the news in California. However, DUI defense attorneys for one lawmaker who was recently arrested for driving under the influx of alcohol have called for charges to be dropped against him for a unique reason that was drafted by people riding in horse-drawn carriages.

They argue that the lawmaker is currently in the middle of a legislative session in the state, and therefore, should not be arrested for DUI at this stage.

According to the attorneys, charges against Kentucky’s Senator Brandon Smith must be dropped, because of a provision in the Kentucky Constitution that holds that a lawmaker cannot be arrested while the legislative session is in progress. Senator Smith was arrested on January 6, which also happens to be the day the 2015 session officially began.

Senator Brandon Smith was driving home when he was pulled over by officers, who smelt alcohol on his breath. He was administered a breathalyzer test. He registered a .088 on the test, which is just above the maximum permissible alcohol limit.

The defense that his DUI attorneys are using is contained in a rule that was enshrined in the Kentucky Constitution in 1891. The rule specifically prohibits arrest of any assembly members, which would prevent them from attending the session in their respective houses, or would prevent them from going to or returning from the same. The rule only makes exceptions for felonies, treason, or breach of surety of peace. The rules specifically state that assembly members can only be arrested during the legislative session if they are suspected of these offenses.