Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
Under Arizona's Constitution, state legislators are immune from traffic tickets during and around legislative sessions. But after several legislators used the law to get away with reckless speeding, a new proposal is looking to change the law.
The resolution, HCR2053, would amend the part of the Arizona Constitution that gives lawmakers immunity "from arrest in all cases except treason, felony, and breach of the peace," by adding "and all traffic violations" to the list. If approved by the very legislators it targets, the proposal would go before Arizona voters in the 2026 election.
"Elected officials should not have special privileges that allow them to break the law without accountability," said state Rep. Quang Nguyen (R–Prescott Valley) in a February press release. "The people we serve are expected to follow traffic laws, and legislators should be no different. If a lawmaker is caught speeding, running a red light, or committing any other traffic violation, they should face the same consequences as everyone else."
Under the current status quo, legislators have used their immunity to get out of a range of legal issues. According to The Washington Post, state Sen. Mark Finchem (R–Prescott) used the law to get out of a ticket for driving 18 mph over the speed limit in January. Last year, another state Senator invoked the law to try to avoid a citation for driving more than 71 mph in a 35 mph zone. Once the legislative session ended, she was charged with criminal excessive speeding.
While the measure seems like common sense, it's unclear whether it will pass. The bill passed the House 37-20 earlier this month and now heads to the Senate. "There's no way it will ever be repealed," former state Rep. Paul Mosley (R–Lake Havasu City)—who himself used the constitutional immunity provision to get out of multiple speeding tickets—told the Post. "It's kind of like a perk or a benefit. That's like saying to legislators, 'Hey, will you take a pay cut?'"
While supporters argue that this kind of immunity prevents law enforcement from retaliating against state legislators, in practice, it allows legislators to escape basic accountability under the law.
"The only justifiable reason that I can think of is that they fear prosecutors would be using speeding tickets to try to get lawmakers to do what they want them to do," Paul Bender, an Arizona State University law professor, told the Post. "I'm not aware of that happening."
