Rep. Paul Mosley (LD5) pulled over for speeding claims legislative immunity (Phoenix: office, place)

[DetroitN8V]

Originally Posted by Dwatted Wabbit

Check your state laws. It's likely there's a state constitutional provision or law giving legislators immunity during legislative sessions. These laws were typically passed long ago and they evolved from British law for the following reasons:

Legislative speech and debate immunity grew out of centuries of struggle between the English parliament and throne. During the 16th and 17th centuries, some English monarchs sought to intimidate legislators--especially those not sympathetic to the Crown's viewpoints--through legal action. The adoption of the English Bill of Rights in 1689 sharply limited this practice by granting immunity to members against civil or criminal action stemming from the performance of their legislative duties. It provided that “the Freedom of Speech, and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament.”

In America, the constitutions of 43 states provide legislators with a fundamental protection of free speech and debate. This immunity protects legislators from punitive executive or judicial action. The intent is to allow lawmakers to work independently and unimpeded by the threat of intervention from the other branches of government in the discharge of their legislative duties.
Court decisions interpreting the extent of protection afforded by legislative immunity vary. The interpretations have centered on a definition of “legitimate legislative activity.” Such activities extend beyond floor debate and include the act of voting and views expressed in committee deliberations.

The framers of the U.S. Constitution recognized the fundamental necessity of protecting members of Congress from arbitrary arrest. While U.S. Constitution Article I, section 6 placed some restrictions on the police or justice to arrest or detain legislators during a legislative session, its protections did not apply to situations involving "treason, felony or breach of the peace." Most state constitutions contain similar provisions.
http://www.ncsl.org/research/about-s...-immunity.aspx

The Arizona constitution defines legislative immunity as follows: "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."

Felony reckless endangerment could be argued. Either way, he should have absolutely been cited and left it to the court to sort out. And regardless of the legality or lack thereof, he simply shouldn't be going that fast nor bragging about it like a DB.

[Dwatted Wabbit]

Originally Posted by DetroitN8V

The Arizona constitution defines legislative immunity as follows: "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."

Felony reckless endangerment could be argued. Either way, he should have absolutely been cited and left it to the court to sort out. And regardless of the legality or lack thereof, he simply shouldn't be going that fast nor bragging about it like a DB.

True.

[keninaz]

The fact remains that doing 100 MPH and above endangers other driver's on the road.
First of all they are not expecting this type of speed and may pull out to pass.
But mostly, if anything happens to his car, like a blowout or he hits road debris he may well crash into traffic going either way at his high speed killing innocent people.
I could care less what the law (that they passed to protect themselves) says.
It's bull****.

[rational1]

For sure he doesn't have immunity from (1) being considered a self-important idiot and (2) being voted out of office (if he doesn't get censured or required to resign first).

[teddyearp]

Originally Posted by DetroitN8V

<snip> And regardless of the legality or lack thereof, he simply shouldn't be going that fast nor bragging about it like a DB.

[off topic]I'm sorry, I just have to chuckle at the irony of this opinion of yours. I've read some of your posts about how you drive. And how you've defended it and even bragged about it.[/off topic]

[KurtAZ]

Sounds like we may need to amend the AZ State Constitution...Or at least make any offense able to be held until Legislature is out of session:

Gov. Ducey: 'No one is above the law,' signs executive order abo - Arizona's Family

[DetroitN8V]

Originally Posted by teddyearp

[off topic]I'm sorry, I just have to chuckle at the irony of this opinion of yours. I've read some of your posts about how you drive. And how you've defended it and even bragged about it.[/off topic]

You're right, it's off-topic and also irrelevant. Show me a post where I've bragged about cruising at over 100 mph. I'll wait. You'll find there's no comedy nor irony there, no matter how hard you reach.

This guy was bragging about cruising at up to 140. That's downright idiotic. What's your point, Ted?

[Adamson865]

Originally Posted by keninaz

The fact remains that doing 100 MPH and above endangers other driver's on the road.

Oh piffle. It's easy to get 90+ on I-8 between Yuma and when it connects to the 10. There's no-one out there! Most of the time I'm doing 85 or more and still there are people blowing past me, and we're somehow managing not to careen into each other. On most of the highways outside the two major cities in the state, the vast majority of the time the roads are empty. I am not going to putter along at whatever some government desk jockey thinks I should be driving! I am so not worked up about that legislator, because we all speed out there on the lonely highways. (Well, except for that yutz who's driving his travel trailer 20 below the limit... HE's the one who needs to be hauled off the road!)

[Valley Native]

Originally Posted by Adamson520

Oh piffle. It's easy to get 90+ on I-8 between Yuma and when it connects to the 10. There's no-one out there! Most of the time I'm doing 85 or more and still there are people blowing past me, and we're somehow managing not to careen into each other. On most of the highways outside the two major cities in the state, the vast majority of the time the roads are empty. I am not going to putter along at whatever some government desk jockey thinks I should be driving! I am so not worked up about that legislator, because we all speed out there on the lonely highways. (Well, except for that yutz who's driving his travel trailer 20 below the limit... HE's the one who needs to be hauled off the road!)

Agree 100% about how easy it is to speed on the open highways, but if you're driving over 90 MPH, you're naturally going to be an easier target for the cops to pull you over. Unfortunately, the bozo driving under the speed limit, or moving slow in the left lane & holding up the traffic flow is rarely ever stopped & cited.

Anyway, this is all beside the point. Rep. Mosley thinks he should have been immune from citation or prosecution just because he's in the Legislature. Worst of all, he brags about how he frequently drives over 100 MPH and gets by with it. In addition, he has been known to push his religion and meddle into people's personal lives while on the job. Not only is he extremely arrogant, but his actions are nothing but abuse of power, plain & simple!

[teddyearp]

Originally Posted by DetroitN8V

You're right, it's off-topic and also irrelevant. Show me a post where I've bragged about cruising at over 100 mph. I'll wait. You'll find there's no comedy nor irony there, no matter how hard you reach.

I never said you bragged about nor even mentioned driving over 100 mph. Those are your words, not mine. So your wait will be a very long one. I'm thinking about a thread from probably two or more years ago. You talked about your aggressive driving in it. Lane changes maybe?