Apparently, there is a big benefit to being a lawmaker, at least during a legislative session. According to Arizona law enforcement, lawmakers can claim legislative immunity to get out of  speeding tickets during a session.

One lawmaker that’s taking advantage of this policy is Republican Paul Mosley who represents Lake Havasu City. He hasn’t received a ticket, but he has been warned on multiple occasions since he became a lawmaker in 2017. Not only does his record precede him, but he was even caught on an officer’s body camera while he bragged about going 102 miles per hour in a 55 miles per hour zone.

Does Legislative Immunity Cover Speeding?

The Arizona Constitution has an incentive to those who serve in the Arizona state Legislature called legislative immunity. This means that state officials won’t be charged with civil processes during 15 days before a session and during the session, but many don’t believe this includes speeding. According to the Arizona constitution, legislators are “privileged from arrest in all cases except treason, felony, and breach of the peace” while the legislature was in session.

Not only do local attorneys feel speeding isn’t covered by this immunity, Arizona House of Representatives Attorneys advise members that it is not covered. Despite this, law enforcement agencies believe they are obeying the Constitution when they don’t give out these tickets.

A lawmaker only needs to identify themselves to avoid a fine, but this immunity doesn’t cover DUIs or more serious crimes.

How Can We Change It?

Some citizens are calling for a change to this law, but limiting it in the state would be difficult. To amend it, a majority of the members of both chambers would need to vote in favor of removing or changing the law. After receiving a passing vote in the Chambers, the measure would be given to the people for a vote.

It’s possible to avoid bringing the issue before Congress, but the measure would have to have 226,000 signatures before it could be placed on the ballot.

It is clear in the recent cases that the current law has been breached and Arizona Governor Doug Ducey is taking action. On Friday, Ducey signed an executive order that would remove reckless driving from list of offenses that lawmakers have immunity from during the legislative session.

“No one is above the law, and certainly not politicians,” Ducey said in a news release announcing the order. “Everyone should know that, but clearly a reminder is needed.”

According to the Arizona constitution, legislators are “privileged from arrest in all cases except treason, felony, and breach of the peace” while the legislature was in session.

 “Public safety must come first, and we have a responsibility to ensure that our officers are supported in enforcing the law, and have the tools, under the Constitution, to hold all bad actors accountable,” Ducey said in a news release.

“This executive order will provide Arizona’s officers with the support and trust they need to exercise their professional judgment and expertise without regard for an individual’s political stature.”

Under Ducey’s new executive order, “any criminal violation that endangers the safety of another including but not limited to, criminal speeding, reckless driving and driving under the influence” should be considered as a “breach of the peace.”