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Kentucky State Sen. Brandon Smith Says Attorney to Withdraw Motion in DUI Case

PRESTONSBURG—A state senator says he has told his attorney to withdraw a motion that seeks to have his DUI charge dismissed because the state constitution bans lawmakers from being arrested while the legislature is in session.

Republican state Sen. Brandon Smith of Hazard was arrested and charged with DUI on Jan. 6, the first day of the 2015 legislative session.

His attorney, Bill Johnson, filed a motion to dismiss the charges citing language that was added to the Kentucky Constitution in 1891.

Smith told a crowd during a forum Tuesday night in Floyd County that he asked his attorney to withdraw the motion. He told WYMT-TV that he didn't want it to appear like he was receiving special treatment.

He also denied drinking on the night of his arrest.