Byrd's 1999 Cadillac slammed into the rear of the van. It took a tow truck more than an hour to pry the vehicles apart.

Byrd's car was not drivable and suffered an estimated $7,000 in damage. The driver of the 1990 Ford Econoline van, Chris Lee, 42, a house painter from Fairfax, said he didn't hear any sounds indicating that Byrd hit the brakes or swerved.

"Just boom," Lee said.

The Fairfax County police officer who investigated the accident had started to write the 81-year-old Senator a traffic ticket when Bryd pulled a copy of the U.S. Constitution out of his pocket and pointed to a section that he said the cop prevented the cop for ticketing him for anything because he, as a member of Congress "shall in all cases, except treason, felony and breach of the peace, be privileged from arrest" both while attending a session and traveling to or from the Capitol.

Byrd spokeswoman Ann Adler says the Senator, an acknowledged Constitutional scholar, "almost always has one (the Constitution) in his pocket."

Byrd was taken to the nearby Fair Oaks police station where the shift commander put in a quick call to Fairfax Commonwealth's Attorney Robert F. Horan. Horan told the cop that if the Senator wanted to claim Congressional immunity for the ticket, the cops would have to honor it. With everything else that had happened in Washington in recent months, a traffic accident probably couldn't be classified as "treason, felony or breach of the peace."

Horan said he was familiar with the immunity clause -- Article 1, Section 6, of the Constitution -- because he had encountered it once before during his 32 years in office. Another member of Congress, also from West Virginia, invoked the clause to escape a speeding ticket 20 years earlier.

The constitutional provision was written in 1781 to protect members of Congress from harassment as they traveled across the country (usually by horseback), and to discourage people from trying to prevent the members from casting unpopular votes.

Constitutional scholars say that while the law has little use in modern times, it is often used by Washington area police as a way to avoid arresting members of Congress.

"It's a common misconception that it (the law) prevents ticketing," says Georgetown University professor Paul Rothstein. "Police departments in this area are frequently under that misapprehension. I think it's a way to do a favor for people of influence and stature, but it does smack of unequal treatment under the law."

And such unequal treatment is often invoked. A study of public records with police departments in the District of Columbia, Maryland and Virginia show 217 members of the House and Senate escaped ticketing and arrest last year for a variety of traffic offenses ranging from speeding to driving while intoxicated.

In the 1998 Congressional session, 84 Representatives and Senators were stopped for drunken driving and released after they claimed Congressional immunity. It should be noted, however, that there is a big difference between being stopped for "suspicion" of DUI and actually being charged with the offense. More than one police officer, however, told Capitol Hill Blue they are not allowed to charge members of Congress.

"I've stopped Senators who were so drunk they couldn't remember their own name," says one Fairfax County police officer. "And I was ordered to let them drive home."

During late-night Congressional sessions, Representatives and Senators often spend time between votes in the private Republican and Democratic clubs or any of a dozen other Capitol Hill watering holes. One Capitol Hill police officer says he has had to jump out of the way more than once to avoid being run down by a drunken member of Congress roaring out of a House office garage.

"But there's not a damn thing I can do about it," he says, "Not if I want to keep my job."

Sgt. Joe Gentile of the D.C. police admits city police do not issue traffic tickets to senators and representatives while Congress is in session. Alexandria and Montgomery County claim members of Congress receive no special treatment for traffic violations, but records show 47 members were released without tickets last year. Arlington and Prince George's county refuse to reveal their policies, but records show members are rountinely released without charge in both counties.

Members of Congress feel no compulsion to obey the law. District of Columbia police issued 2,912 parking tickets to cars owned by members of Congress in 1998. None were paid. The financially strapped District, which actively pursues and "boots" cars belonging to ordinary citizens, does not go after members of Congress.

But Representatives and Senators are not the only privileged class in Washington. More than 20,000 foreign nationals living and working in National Capital area carry cards issued by the U.S. Department of State that grants them "diplomatic immunity" from arrest and prosecution.

For years, members of Congress exempted themselves from many of the laws they passed for the rest of the country. Most bills carried a statement that said, "Exempted from the provisions of this act shall be the legislative and executive branches of the federal government." The exemptions allowed, among other things, members to work employees for long hours without overtime or to discriminate on the basis of sex, political affiliation, age or other reasons.

The federal Occupational Health and Safety Administration (OSHA) can shut down a private company for safety violations, but OSHA has no jurisdiction over Congressional buildings and inspectors are not even allowed on Capitol Hill.

Changes made after Republicans took control of Congress in 1995 were supposed to bring Congress into compliance with the laws that governed the rest of the nation, but those who work on the Hill say little has changed.

"Congress is America's last plantation," says former GOP staffer Jonathan Luckstill. "Staffers are still used to run personal errands for members, women staffers are hired on the basis of looks and can be fired on a whim," he says.

"There really isn't much recourse," Luckstill adds.

Sometimes, however, recourse comes through hindsight. A week after he claimed Congressional immunity for his traffic accident, West Virginia Senator Robert C. Byrd's staff contacted the Fairfax County police and told them to reissue the ticket.

So the cops again called Commonwealth's Attorney Horan.

"I said, if you can waive your rights under the Fifth and Sixth amendments you certainly can waive your rights under Article One, Section Six," Horan said "If the senator wants his day in court, he's entitled to it."

So the Senator got his ticket and appeared in court on July 19, pleading "no contest" on a charge of failing to keep control of his car. The judge levied $30 in court costs, but Bryd was not fined, a sentence that observers said was unusually light for a Fairfax County traffic court that is known to be tough on first-time offenders.

Even when he tried to act like a normal citizen, a member of Congress still got a break.

(This report was coordinated and written by Capitol Hill Blue editor Jack Sharp with assistance from researcher Marilyn Crosslyn and private investigator James Hargill.)

Tomorrow - Wrapping it up. What it all means.