Lawmaker Introduces Resolution to End Legislative Immunity for Traffic Violations

mcgarr wadsack
Former State Representative Cory McGarr and Austin Smith with former State Senator Justine Wadsack speaking with supporters outside the Arizona State Capitol building on the opening day of the 56th Legislature in Phoenix, Arizona in 2023. [Photo by Gage Skidmore via Creative Commons]

In the wake of embarrassing headlines about Arizona State lawmakers trying to get out of speeding tickets by invoking legislative immunity, one Republican lawmaker is saying ‘enough already.’

Arizona State Representative Quang Nguyen, Chairman of the House Judiciary Committee, has introduced HCR2053, a resolution that would amend the Arizona Constitution to eliminate legislative immunity for Arizona lawmakers for all traffic violations.

If Nguyen’s resolution is passed by the Legislature and approved by voters, the measure would ensure that lawmakers are subject to the same traffic laws as all Arizonans.

“Elected officials should not have special privileges that allow them to break the law without accountability,” said Representative Nguyen. “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 current law, Article IV, Part 2, Section 6 of the Arizona Constitution grants legislators immunity from arrest in all cases except treason, felony, and breaches of the peace while the Legislature is in session. HCR2053 amends the Constitution to explicitly remove this exemption for all traffic violations.

Historically the immunity was designed to protect lawmakers from being interfered with while the legislature was in session, but in recent years there have been numerous incidences where lawmakers deserved to be stop and prosecuted, but avoided it due to their status.

“No one should be above the rules of the road,” Nguyen added. “Lawmakers should follow the same laws they create and enforce. We are lawmakers, not lawbreakers.”

The resolution will be considered in the House in the coming weeks. If passed, it will be placed on the ballot for voters to decide in the next general election.

Former State Senator Justine Wadsack, who was unseated by voters in the 2024 Republican Primary, attempted to invoke legislative immunity to get out of a speeding ticket, when she was pulled over for allegedly driving 71 mph in a 35 mph zone and failed to provide proof of insurance. Eventually, according to the Tucson Sentinel, Wadsack avoided a trial “after she agreed to take a defensive driving class, effectively ending a criminal speeding case that helped unmoor her seat in the state Legislature.”

Most recently, Wadsack has been publicly contemplating a move to Yavapai County to run for a State House seat, as she tries to find a new district to run in.

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2 Comments

  1. Way more important than discovering why the governor overspent the budget by $350 MILLION.

  2. this is all they have to do? Personal integrity isn’t enough – you feel your so far above us all that this official measure needs to be enacted to make you drive correctly ? GIVE ME THE KEYS – YOUR DONE FOR 30 DAYS – COME TELL ME WHY THEN.

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