Speeding isn’t just against the law. It’s also dangerous. And if it’s someone’s job to make those laws, you’d think they would show some respect for them. If we’re talking about Mark Finchem, an Arizona Republican state senator who was recently ticketed for speeding, though, you couldn’t possibly be more wrong. Finchem wants his ticket thrown out and not because he claims he wasn’t speeding. No, he insists he’s immunity from receiving speeding tickets while the legislature is in session, Arizona’s Family reports.
A cop pulled Finchem over on January 25 and ticketed him for driving 48 mph in a 30 mph zone. Had he been ticketed driving 50 mph, that would have been enough to make it a misdemeanor speeding charge, but whether he was conveniently going just under that cutoff, or the cop cut him some slack, the ticket he received was a civil citation.
Two days after being cited, Finchem’s office sent Prescott Police Chief Amy Bonney asking “that the citation be voided and stricken from the record” because he believes he is immune under an Arizona law that prohibits arresting and prosecuting lawmakers while the legislature is in session. The law was originally passed to prevent dirty politicians from using the police to try to prevent lawmakers from doing their jobs and was not originally intended to give all state representatives and senators immunity to do whatever they want.
If you notice, no one arrested Finchem, and he isn’t being prosecuted. He’s simply been cited by local law enforcement and told to pay a fine. As Valley attorney Tom Ryan told AZ Family, “He’s not arrested, and that is very important to understand. The issuance of a citation is not an arrest.” He may be allowed to wait until after the legislative session ends to pay his fine, but he should still have to pay it.
“Should” being the operative word there because the Prescott Police Department has already filed a motion with the court requesting that it dismiss the citation without prejudice, writing, “The Arizona Legislature is in fact in session, and if the court finds that legislative immunity extends to civil traffic citations, then the state would ask for the matter to be dismissed.” And it is still possible the court may decide to grant full and total immunity to Republican lawmakers. It is Arizona after all.
Finchem also isn’t the first Arizona lawmaker to try to use the same excuse to get out of paying a speeding ticket. Last year, Finchem’s fellow state senator Justine Wadsack tried to pull the same thing when she was ticketed for driving 71 mph in a 35 mph zone.
As Ryan told AZ Family, “It’s a civil citation. Grow up, be a man. Either go down and take responsibility and pay the fine and take the two points or if you don’t want to do that do the defensive driving school. Be a real Arizona citizen, Sen. Finchem.
