PHOENIX — Back in March, State Senator Justine Wadsack of District 17 was pulled over by the Tucson Police Department for speeding.
According to a conversation with 12News and bodycam footage first obtained by Tucson Sentinel, the department said Sen. Wadsack was recorded going 71 mph in a 35 mph zone.
Bodycam footage recorded the senator telling the officer that she was "racing to get home" because her electric vehicle battery was running out of charge.
Police officials said the senator was not given a ticket at the time because she had legislative immunity during the legislative session.
Bret Royle, an attorney at Feldman & Royle Attorneys at Law, PLLC, said legislative immunity is a concept in the Arizona state constitution that says members of the legislature can't be arrested during terms of the legislative session.
"The idea is that that we couldn't militarize our police to arrest political enemies," Royle said. "I'm sure that's ultimately where it comes from. You don't want members of legislature being stopped and harassed and pulled over so that they can't perform their duties."
Watch the full bodycam video obtained by the Tucson Sentinel in the below player.
Royle said there are exceptions and said legislators can be arrested for felonies, acts of treason, and disturbing the peace.
"I think a simple way to put it is she’s a member of the public just like you," Royle explained. "It may make a sexy headline that she can drive around and do whatever she wants but my understanding of the law is while she’s in session she can not be arrested for misdemeanors but when the session is over she can certainly come back and answer to the behavior she exhibited during that session."
Tucson police said the senator's speeding classifies as a class 3 misdemeanor, and according to the Feldman & Royle website, possible punishments of a class 3 misdemeanor can include:
- Up to 30 days in jail
- Up to a $500 fine
- 3 points on your license
Senator Wadsack took to Facebook to share a bulleted statement of what she said is "truth," saying she was not going 71 mph and said police were welcome to download her Tesla app for that day's data.
"I told the officer I was not going that fast, and he failed to show me his traffic gun as proof," Wadsack said in the post. "So there is NO proof of my speed."
The senator also said in her post that she had been investigating the police department and back in June requested a meeting with the police chief regarding a complaint she had received from a constituent who said Tucson police were harassing them.
The post continued to state that immediately after her assistant requested the meeting, the police department endorsed her opponent.
"As a new legislator, I had never heard of ticketing me months later as it’s not in the language of the law," Wadsack stated. "I still get mixed messages as to how this should have been handled by police and have talked to different legal advisors in the know."
Tucson police told 12News that after contacting the senator by phone, they have filed a formal complaint against her to the Tucson City Court.
12News reached out twice for direct comment from the senator and was told she was not available for interviews on the matter.
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