- Associated Press - Thursday, February 12, 2015

FRANKFORT, Ky. (AP) - A state senator has pleaded not guilty in Franklin District Court to a drunken driving charge.

The State Journal (https://bit.ly/1ypGIC0) reports Republican Sen. Brandon Smith of Hazard appeared in court Thursday morning and asked for a jury trial on the charge.

Smith was arrested and charged with DUI on Jan. 6, the first day of the 2015 legislative session. Smith had a .088 percent blood alcohol level in a portable breath test, according to a citation filed in Franklin County Circuit court. A person is presumed drunk when the alcohol to blood ratio is .08 and above.

Smith has denied drinking on the night of his arrest.

The newspaper reports Smith’s license was suspended until the case is resolved.

Smith’s attorney, Bill Johnson, originally filed a motion to dismiss the case based on an 1891 law, but Smith said he requested the motion be withdrawn because he didn’t want it to appear like he was receiving special treatment.

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Information from: The State Journal, https://www.state-journal.com

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