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mahatmakanejeeves

(57,437 posts)
Fri Jul 13, 2018, 11:12 AM Jul 2018

Arizona state lawmaker apologizes for saying he has "immunity" from speeding violation

Arizona state lawmaker apologizes for saying he has ‘immunity’ from speeding violation

BY JACQUELINE THOMSEN - 07/12/18 09:23 PM EDT



An Arizona state lawmaker has apologized for telling a sheriff’s deputy to not penalize him for speeding because he has “legislative immunity,” calling his comments inappropriate.

State Rep. Paul Mosley (R) wrote in a Facebook post Thursday that his “desire to get home to see my family does not justify how fast I was speeding nor my reference to legislative immunity when being pulled over.” ... “Legislative immunity is a serious responsibility and should not be taken lightly or abused,” he added.

Mosley also said that his “jokes” about often driving over 100 miles an hour while commuting to and from the state capitol were “entirely inappropriate and showed extremely bad judgement on my part, for which I am truly sorry.”

Mosley was pulled over in March for driving 97 miles per hour in a 55 mile-per-hour zone, according to a police report published Wednesday. .... Video from the officer’s body cam footage also showed Mosley telling the officer that he sometimes drives faster, at “120, 130.” ... “Yeah, this goes 140. That’s what I like about it,” the lawmaker can be heard saying while laughing, referring to the car.
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Arizona state lawmaker apologizes for saying he has "immunity" from speeding violation (Original Post) mahatmakanejeeves Jul 2018 OP
My first thought when I read the subject line was that this has to be a republican. kmla Jul 2018 #1
Please tell me there is no actual thing as "legislative immunity" PoindexterOglethorpe Jul 2018 #2
Arizona law states that.... mahatmakanejeeves Jul 2018 #3
Oh, dear lord. PoindexterOglethorpe Jul 2018 #4
All states do this SCantiGOP Jul 2018 #5
At the speed he was clocked at he should have received a reckless driving citation Mosby Jul 2018 #6
Law enforcement: We can't ticket legislators for speeding in Arizona Ptah Jul 2018 #7
Add that one to the dumb laws list JonLP24 Jul 2018 #8

kmla

(4,047 posts)
1. My first thought when I read the subject line was that this has to be a republican.
Fri Jul 13, 2018, 11:13 AM
Jul 2018

I was not disappointed.

mahatmakanejeeves

(57,437 posts)
3. Arizona law states that....
Fri Jul 13, 2018, 11:44 AM
Jul 2018
Arizona law states that “Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.”

I've heard of legislative staffers trying to pull rank when pulled over for traffic offenses by the Alexandria (Virginia) Police. It doesn't work for them.

PoindexterOglethorpe

(25,854 posts)
4. Oh, dear lord.
Fri Jul 13, 2018, 12:11 PM
Jul 2018

That's a genuinely stupid rule. They don't have it in the neighboring state of New Mexico. Recently a Republican State Legislator Monica Youngblood -- a Republican who is VERY harsh on crime, wants the death penalty back, thinks all who are accused of a crime are probably guilty -- was recently pulled over on suspicion of drunk driving and wound up arrested.

Here's a link to video.

http://www.koat.com/article/newly-released-video-shows-state-representative-arrested-for-dwi/20878204

SCantiGOP

(13,869 posts)
5. All states do this
Fri Jul 13, 2018, 12:12 PM
Jul 2018

Except for felonies or where a person has to be taken into custody to protect themselves or others, legislators are immune from arrest when traveling to and from the Legislature. They can, however, have the citation served once the session is adjourned.
This is an old holdover from the founding of the Republic when 13 independent nations were giving up their sovereignty to join together as the new nation. There were some who were afraid that, for instance, Massachusetts might arrest a New Hampshire congressman on the way to the capitol to prevent him from voting on some issue.

On edit: based on the post above mine, I guess some states have gotten rid of this archaic practice.

Mosby

(16,306 posts)
6. At the speed he was clocked at he should have received a reckless driving citation
Sat Jul 14, 2018, 02:26 AM
Jul 2018

And had his license suspended.

Ptah

(33,028 posts)
7. Law enforcement: We can't ticket legislators for speeding in Arizona
Thu Jul 19, 2018, 04:37 PM
Jul 2018
Arizona law-enforcement agencies say they don't give lawmakers speeding tickets during the legislative session, despite contradicting opinions from legislative and outside attorneys over whether speeding is considered part of legislative immunity.

Republican Rep. Paul Mosley of Lake Havasu City has been warned several times by the Arizona Department of Public Safety about speeding, though not ticketed, since he took office in 2017.

He was caught on officer body camera bragging about driving more than 120 mph after a deputy pulled him over for going 97 mph in a 55 mph zone north of Parker. He later issued a statement saying he was joking about the higher speeds.

The incidents highlight a privilege in the Arizona Constitution called legislative immunity. The provision says lawmakers can't face civil processes during the legislative session or 15 days before its start.


https://www.azcentral.com/story/news/politics/legislature/2018/07/19/dps-legislative-immunity-prevents-tickets-speeding-arizona/798053002/
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