| |
Judge rejects lawmaker's
immunity claim on DUI charge |
By NANCY BADERTSCHER
The Atlanta Journal-Constitution
Published on: 09/27/05
 A
state lawmaker cannot wiggle out of a drunken driving charge by
claiming his drinking had been part of an official legislative
function, 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
have been arrested for DUI in February, during the 2005 session
of the Georgia 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 to a meeting or
session. Exceptions are made for cases of "treason, felony
or breach of the peace."
But at a hearing this morning, Cobb State Court
Judge Irma B. Glover denied Graves' request to use his legislative
immunity defense.
Well-known DUI attorney, William C. "Bubba"
Head, who is representing Graves on this — and another DUI
from 2004 — immediately filed a motion to appeal Glover's
ruling to the Georgia Supreme Court.
Graves — chairman of the House committee overseeing
laws governing the alcohol industry — has said that on Feb.
15, 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. His lawyer argued that
Graves should have been granted immunity from arrest because he
was leaving a gathering that was tantamount to a committee meeting,
according to legal filings.
Gary Jones, the assistant solicitor in Cobb State
Court assigned to prosecute Graves, had argued against the defense.
"Just because you're having dinner with other
politicians doesn't make it a committee meeting," Jones said
in an interview. "They could be at a casino doing the same
thing, and he could allege it was a committee meeting, even though
they're gambling. Only in this case, they were drinking —
which to me is another indication it was not a committee meeting."
Glover agreed, ruling there was no evidence to support
that the gathering was an official committee meeting.
"The fact that several legislators attended
and that the defendant was wearing his legislative pin does not
sanction the dinner as a session of the legislature or a meeting
of any committee thereof," Glover wrote in her order.
Glover noted that Graves, who had refused an alcohol
test at the scene, admitted to the arresting officer that he had
consumed 2-4 drinks.
Graves was in the courthouse but did not appear
before the judge or reporters. Head told Glover after her ruling:
"I think this situation is so unique it needs to have an
appellate court review."
Graves, 47, is actually awaiting trial on two DUI
charges, one from March 2004, when authorities say he ran a red
light, and the one from Feb. 15, which occurred at a police roadblock.
So far he is claiming legislative immunity only in the latest
case. If convicted on one or both charges, Graves faces possible
fines, a short jail stint and perhaps the loss of his House committee
chairmanship.
Georgia's legislative immunity provision has been
part of its constitution since 1789. It's one of many across the
country.
One of the early immunity laws, in Virginia, dates
to a 17th-century incident in which the royal governor arrested
a lawmaker to keep him from voting, according to the Norfolk Virginian-Pilot
newspaper.
But in recent years legislators and staffers have
tried to use immunity laws to defend themselves against nonpolitical
charges. In 1996, a Virginia judge rejected a legislative aide's
immunity claim and convicted her of drunken driving. And in 2002,
courts rejected a Wisconsin senator's attempt to use the provision
to shield himself from charges of illegally raising campaign contributions.
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."
|
William C. Head, Senior Partner
|
© 2007 - 2008 Head
Thomas Webb & Willis LLC. All Rights Reserved. |
Privacy Policy |
