He withdrew his motion.

He withdrew his motion.

 

Good to hear.

No way a district judge lets him slide on something like this. Too vulnerable to the press and popular outcry come election season.

 

I think the judge overrules the motion and the interesting thing to see will be what the appeals court does with it. There's no way they can let that interpretation stand. They'll shoot him down for good.

 

The big reason it can't stand is that this is the same language in a Kentucky law giving arrest immunity to all citizens going to vote on election day. Can you imagine if some Joe Schmo brought this defense because he got pulled over for drunk driving on election day? NO WAY they'd let that go.

So on election day people can get hammered and drive around all willy-nilly?

So on election day people can get hammered and drive around all willy-nilly?

 

They can now.

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.

 

 

Arrest report apparently says he blew a .088. Legal limit is .08.

Arrest report apparently says he blew a .088. Legal limit is .08.

 

Was that the field breathalyzer or the one at the station?

 

Was that the field breathalyzer or the one at the station?

 

Not sure. Read it in an article that didn't say which one.

A jury acquitted Senator Smith of drunk driving but convicted him of speeding last week. Jury deliberated for 7 minutes.

A jury acquitted Senator Smith of drunk driving but convicted him of speeding last week. Jury deliberated for 7 minutes.

 

....and there you have it folks. Good ole Frankfort politics at work again.

A jury acquitted Senator Smith of drunk driving but convicted him of speeding last week. Jury deliberated for 7 minutes.

 

That's a shame, if he was really guilty that he was able to get out of this.

That's a shame, if he was really guilty that he was able to get out of this.

 

Even Senators are innocent until proven guilty, no?

Even Senators are innocent until proven guilty, no?

Yes, that's why I said it was a shame "If he was really guilty" and was able to get out of this. If he wasn't guilty then good for him.

It's a shame that he opted for the most obscure possible method to get out of it, found that path blocked, and he still got taken care of. Would he have gone for that complex and obscure method to begin with if he wasn't guilty?

Even Senators are innocent until proven guilty, no?

 

Yes....however, if in fact he blew a .088, then he was guilty, but was found not guilty on a technical aspect of the law, for instance, calibration of the machine. The point being that he attempted the most innane way of getting out of the potential conviction and when that didn't work, had to take another angle.

 

Guess until you get it right does not mean you are not guilty, rather that one possesses the means to obtain the determination in court.

Yes....however, if in fact he blew a .088, then he was guilty, but was found not guilty on a technical aspect of the law, for instance, calibration of the machine. The point being that he attempted the most innane way of getting out of the potential conviction and when that didn't work, had to take another angle.

 

Guess until you get it right does not mean you are not guilty, rather that one possesses the means to obtain the determination in court.

 

Every one has a right to a jury trial, regardless of means.

 

I have not seen any information on this case other than the link in the initial post, which does not provide any details of the arrest other than the Senator was pulled over for speeding & the officer smelled alcohol. Senator Smith claimed that he did not consume any alcohol that night.

 

Do you have other information to suggest the Senator is guilty?