
In Arizona, the longstanding but contentious veil of legislative immunity is facing renewed scrutiny after a series of incidents where state lawmakers dodged traffic citations. The most recent case to put the issue back into the spotlight involves Arizona State Senator Jake Hoffman, who was clocked at 89 MPH in a 65 MPH zone last January and did not receive a citation, as confirmed by the Arizona Department Of Public Safety. Hoffman's trooper recognized him as a state senator and, following state law, did not issue a ticket during the legislative session.
The practice, granted by the Arizona Constitution, asserts that "Members of the legislature shall be privileged from arrest in all cases except treason, felony and breach of the peace" and are not "subject to any civil process during the session of the legislature." Despite the legal cover, State Representative Quang Nguyen has introduced a resolution, HCR 2053, aimed at erasing traffic violations from legislative immunity's protections. "No one should be above the rules of the road," Nguyen told 12 News. "Lawmakers should follow the same laws they create and enforce. We are lawmakers, not lawbreakers."
Nguyen's proposed amendment to this immunity clause comes in the wake of other similar cases. Notably, Senator Justine Wadsack avoided a ticket for driving double the speed limit in Tucson, and Senator Mark Finchem invoked immunity after being ticketed for going 18 MPH over the speed limit. Concerns over these instances of differential treatment are percolating among Arizona's citizens, as Valley resident Debbie Logan expressed her support for the legislative change to ABC15, asserting, "the law should apply to everyone equally, especially on the roads."
As Rachel Moss, a criminal defense attorney at Attorneys For Freedom, explained to 12 News, "That same action that could potentially land me in jail, is not landing a member of our legislature in jail.” Moss added, “I think the more this happens, the more people are going to be fed up with it and we’re going to see continued push against legislative immunity.”