Arizona senator avoids speeding citation due to loophole

TUCSON, AZ (AZFamily) — State Sen. Justine Wadsack is involved in a controversy with police in Tucson, where she lives.

An officer pulled her over on March 15, 2024, after clocking her for allegedly driving double the legal speed limit.

The Tucson Sentinel first reported the incident and shared body camera footage from the officer with Arizona’s Family.

Tucson police tell Arizona’s Family that Senator Wadsack was stopped around 10 p.m. near Euclid and Speedway near the University of Arizona.

At the beginning of the video, the officer approaches Wadsack in a red Tesla and asks for her driver’s license, registration and proof of insurance.

Wadsack replied, “Yes, I do. My name is Senator Justine Wadsack. I’m racing to get home cause I have four miles left on my charger before I’m about to go down.”

The officer told her the speed limit was 35 mph and that she was going over 70 mph.

“I was not doing 70,” she said.

The officer said she was and that he was behind her with his radar.

Wadsack said she was not driving a government vehicle but that she is a government employee.

The officer goes into his car, spending over 10 minutes inside without the camera’s audio on.

Tucson police said the officer was calling his supervisor and legal advisor and was told Wadsack possibly had ‘legislative immunity.’ She was not cited that night.

”She didn’t get a ‘get out of jail free card’. She just got a temporary stay,” said retired Mesa police officer Bill Richardson.

Richardson explained Arizona officers cannot arrest legislative members when they’re in session due to a provision.

“I think what they did is, they played it safe. It’s kind of a gray area,” said Richardson.

Attorney Tom Ryan explained there’s a provision in the state constitution called the ‘Legislative Immunity’ that prevents police from arresting legislators in session so they don’t interfere with their ability to vote.

“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,” said Ryan.

The Arizona Legislature adjourned in June, but Tucson police said Senator Wadsack refused to meet officers for her citation, claiming this was a ‘political persecution.’

The Tucson Sentinel reported that Wadsack could be served soon.

Arizona’s Family contacted Wadsack for an interview but has not heard back.

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