One more reason why our state constitution needs to be radically changed.

 

You must be kidding! I thought our Constitution(s) should be set in stone.

Edited January 23, 201511 yr by mcpapa

You are correct.

 

As to getting a dismissal on these grounds, Section 43 was not intended as a sanctuary for members who had committed a public offense. Swope v. Com. (Ky. 1964) 385 S.W.2d 57. DUI being a public offense

 

Just my two cents as a young criminal defense attorney.

 

Thank you. I don't practice any criminal law and was really racking my brain on that one. :lol2:

Me when I read the first post:

 

^Look out, George! Wireman's one of the Van Buren Boys!

Thank you. I don't practice any criminal law and was really racking my brain on that one. :lol2:

 

No problem! It isn't too often that I get to use my public defender knowledge on here.

No problem! It isn't too often that I get to use my public defender knowledge on here.

 

You'll be amazed. It comes in waves.

New Development.

 

Brandon Smith responds to criticism about his legal strategy. He says he was not drinking the night he was arrested and he can prove it. Smith says the law is designed to protect people from political targeting and he feels like his legal defense is justified.

 

 

Watch the interview with Brandon Smith by WYMT's Steve Hensley.

 

New Development.

 

Brandon Smith responds to criticism about his legal strategy. He says he was not drinking the night he was arrested and he can prove it. Smith says the law is designed to protect people from political targeting and he feels like his legal defense is justified.

 

 

Watch the interview with Brandon Smith by WYMT's Steve Hensley.

 

 

Which begs the question - is he still using the 1891 law as the cornerstone of his defense; or is he simply pleading that he wasn't drinking?

 

I didn't listen to the interview - maybe the answer is there.

No problem! It isn't too often that I get to use my public defender knowledge on here.

 

I would LOVE to see more of your opinions! I have a huge respect for public defenders. Thank you for choosing such a route. All deserve a capable defense.

This is the guy on record as saying that the temperature in Frankfort is the same as the temperature on Mars, right?

Unless Smith is a CDL driver or a UPS pilot, bite the bullet and go on with life. DUI convictions are bad but are not necessarily a deth knell to one's career.

Unless Smith is a CDL driver or a UPS pilot, bite the bullet and go on with life. DUI convictions are bad but are not necessarily a deth knell to one's career.

 

All he would have to do is stay out of trouble for 7 years and he can have it expunged (assuming he doesn't already have a record).

DUI is not a felony offense in Kentucky until the fourth time in a five-year period I believe.

 

Correct.

Should DUI be a felony?

Should DUI be a felony?

 

I started a thread so this thread wouldn't be hijacked