Legislator claims he has immunity from DUI charge

Atlanta Journal-Constitution ^ | September 27, 2005 | NANCY BADERTSCHER

[Cboldt]

Some are more equal than others.

I don't like it, but I am getting used to it.

[sauropod]

I agree. This guy should take his medicine like a grownup and resign.

[AFPhys]

What REALLY needs to be done is to appeal that foolishly written law. Until then, the law must be respected, or declared "unconstitutional" in that state.

[gunnedah]

This is a bunch of crap. He can be sited and maybe not arrested. I think the police could keep him from driving to protect the public.Under some rulings they may have to deliver him to his political session but nothing stops the police from issuing a citation and bringing him before a court.
Of course the laws are meant for the ordinary person anyway. The whole damn bunch of politicians in America should be put out to pasture forcibly and if they do not wish to go kill the worthless bunch of crap.Americans are stupid for putting up with this anyway.

[newzjunkey]

Where's the "GONG"? No immunity here, Graves. Pack your bags!

[Prospero]

Interesting defense that won't fly. U.S. Congresspeoplem for example, have such immunity also, but only if they are on their way to participate in a vote. This looser interpretation of the Georgia law, not "obscure," has its real world component.

However I doubt this will fly. A federal or state legislator cannot be prevented from carrying out his or her responsibility to exercise the franchise given to him by the people he represents. The actions of a committee have less to do with that sacred franchise.

I guess if he were robbing a bank and shooting tellers, and then had to get to the floor for a vote, an officer would be compelled to use deadly force rather than arrest him.

[JimRed]

So, fire his @$$ and THEN arrest him! Show 'em that we Pubs police our own!

[Old Student]

"This is as lame as when Clinton tried to skate out of his legal problems by invoking his "active duty" status."

I was hoping they'd let him do it. We'd have court-martialed and convicted him in a heartbeat.

Graves needs to be reminded, however, that (as far as I know) DUI IS a felony. Jail time for him, too. Amicus Curae briefs filed by prominent Republican lawyers to support that turn of events.

[Publius6961]

The centuries-old provision holds that a lawmaker cannot be arrested during sessions of the General Assembly, legislative committee meetings or while they're "in transit," except in cases of "treason, felony, or breach of the peace." Such provisions were generally written to protect lawmakers from political intimidation.

It is clear that the quality of elected officials has deteriorated to the point of absurdity. We are being led in many places by the absolute bottom of the gene pool, the very invisible low end of the IQ curve.
That is a good topic of debate, as to its desirability and the consequences.

And we all know the ability of lawyers to defend pretty much anything.

But isn't it clear to the rest of the world that this ancient law and custom applies only to allow a legislator drunk or sober, to attend to his "duties"?
It was never intended, nor applied, to grant blanket immunity for criminal actions.
The clown still needs to pay the normal price for actions endangering the health and welfare of the general public (aside from his probable legislative crimes)!

[Jet Jaguar]

Sound familiar? (Baiting for NM politician stories)

[Publius6961]

Georgia's legislative immunity provision has been part of its constitution since 1789. It's one of many across the country.

I have never seen nor understood it as being immunity from anything other than immediate arrest. When did that change?

[IC Ken]

Leaglly I think he has a point. I remember something like this from school. However if this was at night he wasn't going to Congress to vote, if it happened during the day it might be legally sound. Any lawyers want to comment?

[sam_paine]

I propose a law that anyone trying to use a loophole as a Get-Out-of-Jail-Free Card

If you have more than one clause in a law, then someone is bound to call it a "loophole." A cop that shoots a fool pointing a toy gun at him is protected by "loopholes." The 4th Amendment is a "loophole." PLease.

[Bar-Face]

And some on this forum wonder why a lot of us have given up on the Republican party.

[Iscool]

he and other committee chairmen went from the Capitol to a dinner meeting, where they conferred about the status of legislation and plans for the next legislative day.

People probably don't ever consider how many laws are made, or how many times politicians are bought off while they are legally drunk, and beyond...

[jonboy]

I knew it was that way for Democrats, but Republicans???

[yldstrk]

What a loser.

[Wolfie]

This country lost a lot when the practice of Tarring and Feathering went out of vogue.

[mass55th]

Drunk is drunk...whether you're coming from a wedding reception or an official meeting.

He's pulling a Clinton...like when Bubba tried to say he couldn't be sued (Paula Jones case) because he was Commander-in-Chief and on active-duty at the time the suit was brought against him.

This guy needs to show some humility, resign and seek help with his obvious drinking problem.

[Night Hides Not]

With 2 DUI's, this man is fortunate that stupidity is not a felony.

Agreed...this guy is stuck on stupid.