Politician gets out of speeding ticket because of ‘legislative immunity’

An Arizona Senator driving more than 20 mph over the speed limit was spared a speeding ticket due to a loophole in the States Constitution that granted him legislative immunity.

State Sen. Jake Hoffman was driving 89 mph in a 65 mph zone on US Route 60 on Jan. 22 when a trooper pulled him over for speeding, the Arizona Department of Public Safety told ABC 15.

However, the Trooper recognized and verified that Mr. Hoffman is an Arizona State Senator, and currently in legislative session, the agency told the outlet. 3 Arizona state lawmaker Jake Hoffman. Arizona State Senate

While the trooper documented pulling over the senator, the officer chose not to give the republican lawmaker a ticket due to session per Article 4, Part 2, Section 6 of the Arizona Constitution.

The section 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.

Since the legislature was currently in session in Arizona when Hoffman was pulled over, and speeding violations are deemed civil matters in the Copper State, the trooper allowed him to leave without citing him.

Hoffman did not ask for any special treatment, nor did he mention his immunity during the traffic stop, a spokesperson for the senator told the outlet.

Arizonas Department of Public Safety can issue a citation after the legislative session, but the agency has not commented on if it plans to. 3 Hoffman was driving 89 mph in a 65 mph zone on US Route 60 on Jan. 22 when a trooper pulled him over for speeding, the Arizona Department of Public Safety. Prescott police department

The incident with Hoffman is far from the first time the controversial legislative immunity has been invoked.

Two other Arizona legislators, State Sen. Mark Finchem and former state Sen. Justine Wadsack, avoided speeding violations because of the immunity clause.

Finchem was pulled over for driving 48 mph in a 30 mph zone on Jan. 25 in northern Arizona, AZ Family reported.

However, Finchem requested the Prescott Police Department dismiss the ticket and for it to be voided and stricken from the record. 3 Since the legislature was currently in session in Arizona when Hoffman was pulled over, and speeding violations are deemed civil matters in the Copper State, the trooper allowed him to leave without citing him. Prescott police department

Wadsack was clocked at driving 71 mph in a 35 mph zone near Tucson in March 2023 — saying she was racing home before the charge on her electric car went dead, according to AZ Central.

While Wadsack didnt receive a citation when being pulled over, the Tucson Police Department did file one after the session concluded.

Her lawyer later motioned to dismiss the case, but a judge rejected it because the ticket included a criminal speeding charge, not a civil one, given how fast she was driving.

The controversial loophole has prompted Republican Rep. Quang Nguyen to introduce a resolution to stop legislative immunity for all traffic violations.

Elected officials should not have special privileges that allow them to break the law without accountability, Nguyen said earlier this month, according to AZ Family.

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.

Nguyen pointed out that no one should be above the rules of the road and lawmakers should follow the same laws they create and enforce.

We are lawmakers, not lawbreakers, he said.

Nguyen says the Arizona House will consider the resolution. It would be placed on the ballot in the 2026 election for voters to decide if passed.