Lake Havasu City Republican state representative Paul Mosley… Not much to say about this knucklehead except that there is nothing to stop the County Attorney from charging him with at least criminal speeding (La Paz referred it to Cochise).
§28-701.02. Excessive speeds; classification
A. A person shall not… Exceed eighty-five miles per hour in other locations.
B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.
The absolute cap of 85mph applies everywhere regardless of posted speed limit; anything above 85 is a criminal offense. This is a strict liability crime, there are no excuses.
The incident occurred on SR95 in the area of Resort Drive; this is not a limited access highway. He was caught on radar going 97mph in a 55mph max speed limit zone. He curiously offered that he goes as much as 140mph on Interstate-10 (presumably in 75mph limit zone).
What a turd — estimated stopping distance from 140mph is well over 1,000 feet!
Nobody, outside of some NMA stalwarts perhaps, supports this level of speeding, and it is in fact a criminal, not civil, offense.
The AZ FOP withdrew their support and chastized Mosely, which i suppose is a nice gesture
“Rep. Mosley’s recklessness, his demeanor and his utter disregard for the safety of the public represent the exact opposite of what the Arizona Fraternal Order of Police looks for in an elected official,”
We’ve seen this legislative immunity nonsense in the past, most seriously when governor-to-be Jan Brewer caused a wreck where DPS officers believed she was DUI, including cuffing her and taking her in. Her blood was inexplicably never tested, and she was never charged.
Constitutional Immunity Provision
Here is the actual passage:
6. Privilege from arrest; civil process
Section 6. 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.
It would seem the vast majority of legal opinion is that the immunity is not what Mosely says it is. In the wake of the Mosely revelations, Gov Ducey chimed in ; and Attn General Brnovich “he sees no reason why lawmakers should evade prosecution for speeding because of legislative immunity”. The AZ House legislature’s own legal council has likewise said the clause doesn’t immunize lawmakers from speeding:
The guidance, authored by House counsel Don Jansen in November 2002, specifically says speeding tickets do not fall under legislative immunity.
The memo also says DUIs and other crimes aren’t protected. Civil lawsuits need only wait until after the session, the memo says.
In short, lawmakers are “not above the law,” the House guidance says.
We’ve seen from recent AZ Republic reporting that the police (including dps) agencies are themselves the weak link here, for whatever reason have policies to not ticket. They need to, as Brnovich said, consult their prosecutors rather than these bizarre carte-blanche policies they, or at least many of them, have.
As things drag on, we find out that Mosley is a repeat and frequent offender. A lot of people have been pulled over by police for alledged driving infractions, I myself have been pulled over twice in 41 years.
We come to find out that Rep. Paul Mosley stopped for excessive speeding 5 times since last year, records show; How flagrant must Mosley’s behavior be to be pulled over so often, for speeding and running stop signs? And these are only documented stops (“written warning”) — how many stops weren’t documented? And this is only DPS (dept of public safety; Arizona’s version of the highway patrol / state police), how many other stops from all other police and sheriff’s departments were there — written or unwritten? (there is no centralized repository for this; records, if they existed would have to be requested from every department individually)
Statue of Limitations
Despite all the hand-wringing; and talk about needing to change the AZ Constitution; this is mostly readily fixed within existing law including the existing immunity provision, which doesn’t provide unlimited immunity, rather it just delays the day of reckoning until the legislature is not in session.
Although the usual scenario of a police officer issuing a citation/complaint on the spot, it’s not the only way to bring a charge. The charge only needs to be brought within a certain amount of time relative to the alleged event (the “Statute of Limitations”).
I’ve said it above, and I say it again; THE COUNTY ATTORNEY CAN FILE (multiple, apparently) CRIMINAL SPEEDING CHARGES AGAINST Mosley.
Legislative session is over. No more excuses.