Senator Brandon Smith from Kentucky may not be prosecuted for his DUI charges say his DUI attorney Bill Johnson. He has requested the case be dismissed since members of the General Assembly have immunity from criminal proceedings. Apparently Smith has not seen the movie Above the Law which was a hit action movie in the 1980s.

Steven Seagal, your presence is requested in Kentucky! Some politician named Smith believes he can put everyone in danger and get away with it!

He further says that his client, Brandon Smith, a Republican Senator from Hazard who is acting more like Barney Frank who ran Fannie Mae and Freddie Mac into the ground instigating the housing crisis and pretty much getting away with it despite lying to the world in the summer of 2008 about the financial status of those two entities, is innocent and at the time of the incident was attending the legislative session at Frankfort. So what?

We do not need another Barney Frank Senator Brandon Smith. You have no right to put us at risk like you did.

According to section 43 of the Constitution of Kentucky, members of the General Assembly are granted immunity during the legislative session from all criminal proceedings except those related to treason, felony, and breaking the peace. So driving drunk is not the latter?!

As per Asst. Attorney for Franklin County, David Garnett, in his seven years in office he has never heard such an interesting argument and counters that the founding fathers in 1891 had not intended to provide blanket immunity to legislators. Again, watch the movie Above the Law! Smith, Bill Clinton may have raped a woman and certainly was the king of sexual harassment, who do you think you are Clinton? We do not need another Clinton around.

America is a nation of laws and democracy depends on trust to survive. You, Smith, have violated that sacred oath and you should pay for it. A democracy cannot survive without its citizens respecting their own laws.

The details of the arrest

Late in the evening around 9 pm of January 6th, a Ky. State trooper arrested 47 year old Sen. Smith for speeding 20 mph above the speed limit and driving under the influence of alcohol. Incidentally, that was first day of the legislative session.

He was speeding too!

According to the state trooper, the senator was stopped near the intersection Leestown Road and Copperleaf Blvd. for traveling at 65 mph in a 45 mph zone. A breathalyzer test indicated a BAC of 0.88. When taken to Franklin County Regional Jail, Smith refused to take an official breadth test. According to Kentucky laws, refusing a blood test can lead to the offender’s driver’s license being revoked. After failing to make a call from a broken phone at the jail he requested the officers not to revoke his license until the judge ruled to have his case dismissed.

More people need to watch this movie. Certainly everyone in government!

As a result of this controversy, Smith’s arraignment was held in abeyance until 12th Feb. giving time to the judge and the county officials go through the documents and review his case.

Smith, would you make this same argument if you killed someone crossing the street while you were clearly speeding and driving drunk?

Senate President, Robert Stivers, R-Manchester thinks differently

The Senate President has made it clear that lawmakers cannot be above the law. He further said that immunity cannot be sought just because there is a legislative session going on. Being an attorney himself he says that immunity would not apply to Smith’s offense, however the man is innocent until proven guilty and that his sympathies are for the Senator and his family.

Bill Johnson, DUI attorney for the defendant, has continued to argue for the dismissal of the case citing the language of the Constitution written way back in 1891. Obviously Johnson is being paid to make these remarks. The law and logic is against him on this though.

Stivers saw the movie Above the Law

He argues that the constitution granted immunity to stop people from bothering the lawmakers by arresting them when they were busy making or erasing laws during the legislative session. This includes their journey to and from the venue. If constitutional immunity does not allow an arrest then there is no cause to try them either, Johnson argues.