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State senator claims legislative immunity from DUI charge

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  • State senator claims legislative immunity from DUI charge

    http://www.lex18.com/story/27919989/...ed-from-arrest

    The Kentucky state Constitution says: "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."

    If he was driving home from the assembly, he might have an argument, but based on my reading, since he was traveling from a friend's house instead after the session, I don't see how it applies.
    "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

  • #2
    Murtha used a similar law to escape a libel lawsuit. Similar exceptions like this one were in place there too but he got away with it anyway.
    "As for my people, children are their oppressors, and women rule over them. O my people, they which lead thee cause thee to err, and destroy the way of thy paths." Isaiah 3:12

    There is no such thing as innocence, only degrees of guilt.

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    • #3
      I agree with your point Gambit. An interesting corollary is that he could travel freely to sessions even if his drivers license were suspended.

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      • #4
        Originally posted by KingsGambit View Post
        http://www.lex18.com/story/27919989/...ed-from-arrest

        The Kentucky state Constitution says: "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."

        If he was driving home from the assembly, he might have an argument, but based on my reading, since he was traveling from a friend's house instead after the session, I don't see how it applies.
        I agree with your assessment, but I'd also wonder what counts as "breach or surety of the peace".
        I'm not here anymore.

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        • #5
          I'm in favor of immunizing government workers from certain charges if they can give a videotaped testimony concerning DUI events after doing around 7 shots/whenever they start saying something interesting.

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