Senator Brandon Smith of Hazard is facing DUI charges stemming from a Jan. 6 arrest on the first day of the 2015 legislative session. But according to Senate President Robert Stivers he should not be immune from those charges just because the legislature is in session.
Thursday, Smith's attorney filed a motion to dismiss the charges because section 43 of the Kentucky constitution prohibits lawmakers from being arrested while the legislature is in session.
Republican Senate President Robert Stivers of Manchester, who is also an attorney, said no lawmaker is above the law and it is clear the immunity does not apply in this situation. He said Smith is innocent until proven guilty and his thoughts and prayers continue to go out to him and his family.