State Rep.’s DUI stop, immunity and backlash

When it comes to applying Colorado law, no one is supposed to be above it. It’s not supposed to matter if the suspected party is an elected official or the lowest of individuals. Everyone is supposed to be afforded equal protection under the law. So it’s not surprising that State Rep. Laura Bradford (R-Grand Junction) and the Denver Police are coming in for some public relations heat.

She was stopped by an officer one recent evening on suspicion of driving under the influence (DUI). According to the official report, the officer who pulled her over claimed she smelled of alcohol. It says Bradford admitted she had been drinking. Despite that, officers didn’t test her blood alcohol level. Instead, they wrote her ticket for a minor traffic infraction and let her call a cab. Because they did not issue her a ticket for DUI, she did not need the services of the Denver DUI Defense lawyer.

In the ensuing backlash over the perceived special treatment, the police declared they were barred from detaining Bradford because of an 1876 state law that grants lawmakers immunity from arrest while traveling to or from legislative sessions or events. But now there’s backlash over that.

Two state lawmakers, one Republican and one Democrat, say the Denver police were a little too loose in their interpretation of the law. Not only do they point out that it’s not clear where Bradford was coming from (she might have been at a dinner), but they note that the state law clearly states that the immunity only applies to when the legislature is in session, or lawmakers are at committee hearings. They say the law was passed to block governors or mayors from arresting legislators to prevent them from voting.

The lawmakers say they don’t want to see the law done away with, but they say police may need some education about how to properly enforce it. They say they want to do all they can to dissuade the public of the notion that lawmakers have an out when it comes to DUI laws.

Bradford is mostly quiet about the matter. She has lost her leadership position in the House and could face further sanctions. She has issued a public statement saying she looks forward to having all the facts brought to light and that she intends to keep working on behalf of her constituents.

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