Southern Hospitality

Tuesday, September 27, 2005

Alligators and Fire Hydrants

You know those funny local laws that you read are still on the law books, but are so obscure that it would be a waste of time to take a concerted effort to have them removed? You know, like how you can't tie an alligator to a fire hydrant?

Well a Georgia Republican State Representative is claiming he is immune from DUI laws because of a centuries-old provision aimed at protecting lawmakers from political intimidation.

After Rep. David Graves was charged with drunken driving for a second time, he and his lawyer offered a surprising defense:

As a lawmaker, Graves cannot break the law — at least not while the Legislature is at work.

The Macon Republican is using an obscure provision in the state constitution to argue that he should not be prosecuted for a DUI he received in Cobb County 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.

Part of me wants to say this is another one of those quirks that makes Georgia what it is, but it's happened in Virginia and Wisconsin as well.

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