Legislator claims he has immunity from DUI charge

In 1985, then-state Attorney General Michael Bowers weighed in on the topic in Georgia, issuing a legal opinion that the provision in the constitution might give legislators immunity from physical arrest. But, he concluded, "There is no constitutional immunity for members of the General Assembly from prosecution for speeding violations or other violations of criminal law."

I think this interpretation is a good one. The law prevents the use of physical arrest, a power which could easily be abused; for example, a legislator could not be physically arrested and detained to prevent him/her from a vote. Since an arrest is not subject to any particular judicial oversight at the time, it could be used as a handy mechanism to keep away legislators. To say that they have blanket immunity from prosecution is absurd. Not to mention that the guy is using a pretty lax definition of official business. I hope they throw the book at him, and hard!

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