Arizona
Related: About this forumArizona 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 sheriffs 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 officers body cam footage also showed Mosley telling the officer that he sometimes drives faster, at 120, 130. ... Yeah, this goes 140. Thats what I like about it, the lawmaker can be heard saying while laughing, referring to the car.
kmla
(4,047 posts)I was not disappointed.
PoindexterOglethorpe
(25,854 posts)and that jerk got a serious fine slapped on him.
mahatmakanejeeves
(57,437 posts)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)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)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)And had his license suspended.
Ptah
(33,028 posts)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/