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State senator claims legislative immunity from DUI charge

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  • Epoetker
    replied
    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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  • Carrikature
    replied
    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".

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  • mikewhitney
    replied
    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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  • Darth Executor
    replied
    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.

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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.

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