TUCSON, Ariz. (KGUN) — A Tucson City judge will decide whether a Tucson State Senator is guilty or innocent of driving about twice the speed limit. The Senator is raising the question of whether she’s immune from being prosecuted.
Arizona State Senator Justine Wadsack is going to trial on charges of going 70 miles per hour in a 35 zone.
After a Tucson Police officer stopped Wadsack last March, she invoked a state law that says while the legislature is in session—as it was in March— state lawmakers have immunity from arrest for anything short of treason, breach of the peace, or a felony.
Tucson Police contend that just means a charge is on hold until the session ends so they’re pressing the case now.
Wadsack attorney Brad Miller argues that legislative immunity is permanent immunity, not something that puts a charge to sleep then wakes it up later.
“The issue has always been that it’s never held in abeyance, there shouldn’t be a ticket issued except in certain cases and the Constitution lays that out.”
Miller says Police do not have radar records to back up their claim Wadsack was speeding.
In earlier interviews Miller suggested politics was behind Wadsack’s prosecution and said he might question city officials like Tucson’s Police Chief and Mayor. He’s scheduled to disclose his witness list in late November with trial before a judge, not a jury, set for December 23rd.
