According to the New York Post, Arizona State Sen. Jake Hoffman avoided a speeding citation after being pulled over for driving 89 mph in a 65 mph zone, thanks to a constitutional provision granting legislative immunity during active sessions.
The incident occurred on January 22 when an Arizona Department of Public Safety trooper stopped Hoffman on US Route 60. The trooper recognized Hoffman as a state senator and, due to Article 4, Part 2, Section 6 of the Arizona Constitution, chose not to issue a citation since the legislature was in session at the time.
The constitutional provision shields legislators from arrest in all cases except treason, felony, and breach of peace. It also protects them from civil processes during legislative sessions and fifteen days before each session begins. Since speeding violations are considered civil matters in Arizona, the immunity clause effectively protected Hoffman from receiving a ticket.
This incident is not isolated, as other Arizona legislators have similarly benefited from the immunity clause. State Sen. Mark Finchem avoided a citation after driving 48 mph in a 30 mph zone on January 25. Former state Sen. Justine Wadsack was caught driving at 71 mph in a 35 mph zone near Tucson in March 2023.
The Department of Public Safety maintains the authority to issue citations after the legislative session concludes. However, they have not indicated whether they plan to pursue action against Hoffman once the current session ends.
Republican Rep. Quang Nguyen has introduced a resolution to eliminate legislative immunity for traffic violations. The proposed change would require voter approval in the 2026 election if it passes the Arizona House.
Nguyen expressed his stance on the matter, stating:
Elected officials should not have special privileges that allow them to break the law without accountability. The people we serve are expected to follow traffic laws, and legislators should be no different. If a lawmaker is caught speeding, running a red light, or committing any other traffic violation, they should face the same consequences as everyone else.
The representative further emphasized his position with another compelling statement:
No one should be above the rules of the road. Lawmakers should follow the same laws they create and enforce. We are lawmakers, not lawbreakers.
The controversial immunity clause has drawn attention to the broader issue of legislative privileges in Arizona. Hoffman's spokesperson clarified that the senator did not request special treatment during the traffic stop, nor did he mention his immunity status to the trooper.
Unlike Hoffman's case, former Sen. Wadsack faced different circumstances when she was caught speeding. Although she initially avoided a citation, the Tucson Police Department later filed charges after the session ended. Her attempt to dismiss the case failed because her excessive speed resulted in a criminal rather than civil charge.
The resolution's fate now rests with Arizona voters, who will have the opportunity to decide whether to maintain or eliminate this legislative privilege in the 2026 election. The outcome could significantly impact how traffic laws are enforced for state legislators in the future.
State Sen. Jake Hoffman's speeding incident has highlighted the contentious issue of legislative immunity in Arizona. The constitutional provision that allowed him to avoid a citation while driving 24 mph over the speed limit has prompted legislative action to reform the system.
If passed by the Arizona House, voters will determine in 2026 whether to eliminate this special privilege for lawmakers facing traffic violations, potentially establishing equal accountability under traffic laws for both legislators and citizens.
