Yahoo Autos Arizona State Senator Uses Legislative Loophole to Avoid Speeding Ticket
Arizona state senator Justine Wadsack is facing scrutiny for allegedly wiggling her way out of a speeding ticket by using a legislative immunity loophole, according to the Tuscon Police Department. Reportedly clocked going 71 mph in a 35 mph, the Republican state senator claimed she was racing home to charge her nearly-dead 2016 Tesla Model S when she was stopped by an officer for going double the speed limit on March 15, 2024.
After initially making contact with Wadsack, the Tucson Police Department officer and state senator go back and forth about her alleged speed,as shown on video, with the officer confirming his radar captured her going more than 70 mph and her denying it. Body camera footage from the incident then shows the officer going back to his unit and turning off the audio function of the camera. A spokesperson for the Tuscon Police Department explained that the responding officer was calling his supervisor, who explained that Wadsack may have legislative immunity and advised him to not cite her.
Indeed, Wadsack was not cited that night due to that legislative immunity. Arizona's provisions around legislative immunity prevent police from arresting legislators in session, in an effort to minimize interference with the lawmaking process.
"As long as it’s not a felony, or a breach of peace, or an act of treason—nobody in the state of Arizona may arrest or serve any kind of civil process upon a city legislator as long as they’re in session or 15 days before the next session," attorney Tom Ryan said in a statement to AZFamily.
However, following the end of the legislative session on June 15, officers with the Tucson Police Department contacted Wadsack and attempted to issue her a citation, according to a spokesperson for the department. Wadsack has refused to meet with officers and an official complaint has been filed in city court, with the potential of a summons on the horizon.
During the initial contact with Tucson police lieutenant Lauren Petty in late June, Wadsack demanded to speak to the police chief and claimed she was under political persecution, according to Tucson.com. Wadsack denies this version of the story, however, making a Facebook post on July 20 to seemingly set the record straight. In the long-winded post, Wadsack explains that she never even used the words "legislative privilege," and that a special license plate as well as senator-specific stickers should have immediately indicated to the officer that she is immune. The State Senator also refutes claims that she went 71 mph, saying she never saw the speed gun reading and that Tucson PD is welcome to download the driving data from her Tesla.
"I am not 'above the law', I have acted within the law and the Constitution," Wadsack wrote on her Facebook page. "The media and my opponent are desperate for content."
A key part of this story is that Wadsack was allegedly four miles from running out of charge on her Tesla Model S, and claimed she was rushing to a Supercharger a few blocks away. While Wadsack wrote that she appreciates her Telsa because of its "self-drive, safety, performance...", she said that range anxiety is real and that "there is no charging infrastructure in Tucson." Facing backlash from her constituents and even losing her endorsement from the Arizona Fraternal Order of Police, Wadsack had to make a few clarifications before signing off from Facebook on July 20.
"To be clear, I still back the blue," Wadsack wrote in her Facebook post. " I also own (3) GAS POWERED vehicles...I am PRO FUEL!"
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