FRANKFORT, Ky. (WKYT) - A Kentucky state senator charged with driving under the influence appeared in court on Wednesday morning.
Senator Brandon Smith's hearing did not go as planned. A judge delayed his arraignment hearing because Smith's attorney filed a motion to dismiss the charges. The motion is based on Section 43 in the state constitution, which says legislators are "privileged from arrest" during legislative sessions.
The Republican senator was arrested earlier this month, on the first day of the legislative session in Frankfort. State police say he was speeding and smelled of alcohol during a traffic stop.
A judge agreed to consider the motion and delayed the case.
Smith, who is from Hazard, represents Senate District 30, which covers much of southeastern Kentucky.