ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, March 24, 1996 TAG: 9603250082
SECTION: VIRGINIA PAGE: B-7 EDITION: METRO
DATELINE: RICHMOND
SOURCE: Associated Press
An assistant records clerk of the House of Delegates is trying to have a drunken driving charge dismissed under a pre-Civil War law that exempts legislators and their assistants from certain arrests while the General Assembly is in session.
Pennelope Q. Cabaniss, 24, had a blood-alcohol level of 0.25 percent - more than three times the legal limit for intoxication - when she was arrested in the early hours of Saturday, Feb.10, according to records on file in Henrico County General District Court.
A Henrico police officer says she swerved across three traffic lanes on Interstate 64 just before she was clocked driving 83 mph in a 55 mph zone.
Cabaniss is scheduled to be tried Tuesday on the misdemeanor drunken driving charge. The arrest warrant says it is her second DUI offense in five years. She was convicted of DUI Feb. 28, 1991.
The law exempting legislators and their assistants from ``being taken into custody or imprisoned'' has been on the books since at least 1849. The exemption lasts from five days before to five days after each legislative session. The privilege does not apply to felonies, treason or breach of the peace.
The law was widely publicized in late February after a Chesterfield police officer declined to charge Chris Elliott, a driver for Lt. Gov. Don Beyer, for driving 18 mph over the speed limit. The officer said he let Elliott off with a warning because of the legislative exemption law. After the matter became public, Elliott offered to pay the penalty, but county authorities refused.
Cabaniss' boss, House Clerk Bruce F. Jamerson, said the exemption may apply to Cabaniss because she is one of his assistants. She began working in his office in January 1994 as an assistant journal clerk, responsible for helping compile the annual House journal.
Her attorney, L. Neil Steverson, filed a motion to dismiss the case because the General Assembly was in session when Cabaniss was taken into custody. She was released later that day.
The motion says Cabaniss informed the arresting officer and the magistrate Feb.10 that she was an assistant clerk in the House and should not be arrested. Steverson wrote that her arrest and imprisonment were ``a flagrant disregard'' of the legislative exemption and result ``in the arrest being invalid.''
Henrico Commonwealth's Attorney Toby Vick said that position is outrageous:
``For them to even argue that she should have been released ... when she's driving 83 mph down I-64 going back and forth across three lanes is ridiculous. It would have been negligent for the police officer to release her. She had to be arrested.''
Vick said the prosecution also will argue that driving drunk is a breach of the peace and, therefore, isn't covered by the arrest exemption law.
Gov. George Allen said through a press spokesman Friday that the case is disconcerting.
``I don't think it was ever imagined this law would be so broadly interpreted so as to insulate someone from being held accountable for this type of serious, endangering misconduct,'' Allen said.
House Majority Leader Richard Cranwell, D-Vinton, said the law ``does not provide any immunity for any wrongful conduct - it just says that while the legislature is doing the people's business, you don't incarcerate these people.''
Cranwell said he doubted the judge will dismiss the charge. ``It sounds like you've got a very creative lawyer trying to come up with a defense for a client,'' he said.
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