An Arizona senator was caught speeding but escaped without being given a citation due to a section of the Arizona State Constitution.
Senator Jake Hoffman was driving at 89 MPH in a 65 MPH speed limit zone when he was stopped by a trooper on Jan. 22, the Arizona Department of Public Safety tells PEOPLE in a statement, sharing that Hoffman wasn’t cited due to “legislative immunity.”
According to ABC15, Hoffman had no comment on the traffic stop but a spokesperson on his behalf said he didn’t invoke immunity during the stop, rather that the trooper decided not to issue a ticket following state law after recognizing him as a lawmaker.
“The Trooper recognized and verified that Mr. Hoffman is an Arizona State Senator, and currently in legislative session,” a spokesperson for DPS tells us.
State Senator Jake Hoffman makes remarks at Republican Senate candidate Kari Lake’s Win the West Rally.
Alexandra Buxbaum/Shutterstock
Article 4, part 2, section 6 in the state constitutionrefers to the “privilege from arrest; civil process” that protects lawmakers.
“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 15 days next before the commencement of each session,” the article reads.
Hoffman was granted the privilege as the legislature is currently in session. The senator isn’t the only Arizona lawmaker to have avoided a speeding ticket due to “legislative immunity” in recent years.
Arizona Senator Mark Finchem was caught speeding on Jan. 25 of this year, while former Representative Paul Mosley violated speed limits back in 2018.
Mosley was stopped going 97 MPH in a 55 MPH zone on state Route 95, CBS News reported at the time. He told a La Paz County Sheriff’s deputy that he sometimes drives “130, 140, 120,” while unaware of his speed due to his vehicle’s nice wheels and suspension.
“I don’t break the law because I can, but because, you know, I’m just trying to get home,” Mosley said per CBS News.
Days later he apologized on Facebook saying, “My desire to get home to see my family does not justify how fast I was speeding nor my reference to legislative immunity when being pulled over.”
Republican State Representative Quang Nguyen has introduced HCR 2503 intending to end immunity for traffic violations.
Voters will determine if it becomes law if passed, and the resolution will be on the ballot in 2026.
“We need to show the people we are making laws for everyone, including us,” Nguyen said per ABC15.
