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.
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