Oh, give me a break. Rep. David Graves (R-Macon) is wrong

[genieroze]

The fact that Graves even tried this is stupid

Judge rejects lawmaker's immunity claim on DUI charge

By NANCY BADERTSCHER
The Atlanta Journal-Constitution
Published on: 09/27/05

A state lawmaker can break the law, a Cobb County judge ruled this morning.

Rep. David Graves (R-Macon) tried to use an obscure provision in the state constitution to argue that he should not be prosecuted for a DUI he received in Vinings in February, during the 2005 session of the General Assembly.

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.

Today, Cobb State Court Judge Irma B. Glover denied Graves' request to use the "legislative immunity" defense. Graves' attorney, William C. "Bubba" Head, immediately filed a motion to appeal the decision to the Georgia Supreme Court.

http://www.ajc.com/metro/content/metro/0905/27graves.html

[Ediacara]

1. And how is a DUI ....

....not a breach of the peace?

[sui generis]

4. that's the real argument he'll lose on at appeal

It's clear this lawmaker broke at least one very specific law designed with public safety in mind.

Whether or not he can be arrested or not really is moot; the judge also needs to consider the relative priority and relevance of law.

According to drunk boy, he could just as easily have robbed a bank or committed a murder or raped a preschooler and the law should have excused him.

I'd say it's time for a lawmaker with that warped an idea of the law to be thrown out on his ass, with prejudice.

[tonkatoy57]

2. Bubba Head?

Who would hire an attorney named Bubba Head?

I wonder if he came up with the novel DUI defense?

[CottonBear]

6. There are lots of Bubbas in GA. It's a common nickname among

white, Southern males of all socio-economic classes. My friend was married to a very good looking but sleazy (as in cheating husband who plundered their joint bank accounts) man named Bubba.

Come to think of it, there used to be a Bubba Head who lived in my city. This may be the same guy.

[Chi-Town Exile]

3. Wow! Finding for Republican in Cobb County

I hate this state, I hate this county! Can't believe I LIVE here. :nuke:

(I can't move, I'm stuck here.)

[genieroze]

5. I this were a Democrat I would say the same thing.

Unlike most pubs when dems are wrong we will eat our own.