He was busted drinking and driving, but a Kentucky state senator says that he should have his charges dismissed. Why? Because of a rule that originated from before there were even cars on the road.

Senator Brandon Smith cites an 1891 rule that says state lawmakers are “privileged from arrest” during legislative sessions.

Smith’s request was formally filed as a motion by his attorney. It is based on Section 43 in the Kentucky state constitution. That section was added in 1891.

“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,” it reads.

Smith, a Republican senator, found himself under arrest earlier in January, which happened to be the very first day of the legislative session. That, he says, should have prevented him from ever being arrested, no matter what.

But the Kentucky State Police say they had never heard of the obscure 19th century law. Instead, they said that he was speeding, driving erratically and smelled strongly of alcohol.

Watch the local video report below…

(Article by Jackson Marciana and Moreh B.D.K.)

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