Kentucky Republican Says 1891 Law Lets Him Drive Drunk While He’s in Office

‘Kentucky state Sen. Brandon Smith’s (R) lawyer argued in court on Wednesday that he should not be charged with driving under the influence because of a provision in the state constitution, WKYT-TV reported.

Smith was arrested on Jan. 6, the opening day of the legislature, and charged with speeding and a DUI after allegedly blowing a .088 on a preliminary breath test. He was also reportedly caught driving at 65 miles per hour in a 45 mph zone.

But attorney Bill Johnson filed a motion to drop the charges saying that, according to Section 43 of the state constitution, Smith should not have been arrested in the first place.’

Read more: Kentucky Republican Says 1891 Law Lets Him Drive Drunk While He’s in Office