The state’s court website indicates a criminal traffic complaint has been filed against Rep. Paul Mosley, R-Lake Havasu City, who has a history of getting stopped for speeding and claiming legislative immunity.
The website does not indicate whether the complaint, filed in Parker Justice Court is in connection with a March 27 traffic stop by a La Paz County sheriff’s deputy on State Route 95 just north of Parker. The deputy’s radar gun clocked Mosley driving 97 mph in a 55 mph zone, according to the police report.
According to the police report, Mosley told the sheriff’s deputy that he shouldn’t bother citing him for going 40 mph over the speed limit, citing legislative immunity.
Mosley was also caught on the deputy’s body camera bragging about how he drives more than 120 mph on Interstate 10, “if there’s no traffic.”
The case was turned over to the Cochise County Attorney in July for review after the La Paz County Attorney’s Office requested that the case be turned over to another agency because of a conflict of interest.
Online court records show that a complaint was filed against Mosley on Aug. 3 and a summons sent by certified mail on Aug. 8.
Mosley was narrowly defeated by political newcomer Leo Biasiucci in his bid for re-election during the Aug. 28 primary. The loss followed other reports of instances when Mosley was pulled over for speeding, but was never charged, citing legislative immunity.
The immunity clause in the Arizona Constitution spares lawmakers from arrest in “all cases except treason, felony, and breach of the peace.” The state Constitution also says lawmakers may not be subject to “any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.”
While Mosley apologized for his behavior, the incident prompted Gov. Doug Ducey to sign an executive order making it clear that law enforcement officers may cite or otherwise penalize lawmakers and other elected officials when they endanger public safety through excessive speeding or other traffic violations.