Power Sellers Unite

elgato · Joined: 24 Feb 2005 Posts: 17240 Location: Texas

PHOENIX (AP) — An Arizona senator gets in a fight with his girlfriend on a Phoenix freeway and avoids arrest. An Arkansas legislator leads officers on a high-speed chase through two counties and doesn't get taken into custody. A Georgia lawmaker claims he couldn't be prosecuted on a DUI charge.

In each case, a little-known privilege called legislative immunity that prevents the arrests of legislators while they are in session came into play.

The issue is getting a closer look in Arizona this year after a lawmaker introduced a resolution seeking to amend the state Constitution to delete wording barring the arrest of legislators during, and 15 days before, legislative sessions. Like those in many other states, Arizona's legislative immunity protects legislators from arrest except for "treason, felony or breach of the peace."

Then-Sen. Scott Bundgaard became a part of the debate after he was involved in a domestic violence incident on a Phoenix freeway last year. He and his girlfriend at the time pulled off to the side of the road after an argument while returning home from a Dancing with the Stars-type competition. The ensuring fight left both with cuts and bruises.

Police showed up and put Bundgaard in handcuffs. Officers testified that he identified himself as a legislator, cited the constitutional provision and demanded that they remove handcuffs, even though Bundgaard denies invoking legislative immunity.

Bundgaard was allowed to go home that night without being arrested, but his girlfriend spent the night in jail. Bundgaard was later prosecuted and ended up pleading no-contest to a misdemeanor charge, and the Peoria Republican eventually was ousted as Senate majority leader and quit the Legislature.

The girlfriend was not prosecuted after she was deemed the victim in Bundgaard's criminal case. Bundgaard would have been arrested on possible domestic violence charges and suspicion of DUI on the night of the incident if not for the immunity law, the sergeant and an officer testified.

State Sen. Steve Gallardo introduced the legislation to change the Constitution because he believes it's an unfair and outdated protection afforded lawmakers.

"The question is should legislators have a get-out-of-jail free card. That's exactly what it is. And I really think voters would come out and say no — they should not have this card," said Gallardo, a Phoenix Democrat. "We should be living by the laws that we pass."

http://enews.earthlink.net/article/us?guid=20120121/9cb21f2a-fa07-4b0e-8f35-3460ae823fd8

luckyalive · Joined: 27 Apr 2008 Posts: 590

Sounds like the time when I received a head on collision by a woman who tried to drive across the oncoming into a nonexisting entrance to a parking lot. A 45 mile and hour head on impact will wake you up! She was in her early 20s and never had a license and never had insurance. She drove one of those giant 1970s auto so her car was still driveable - mine was not. The cop, who was friends with her famiy gave her a $15 fine and let her drive away from the accident. The cop shortly retired after I complained, although I should have brought in state and federal officials.

Memebers elected to office should get double charges just like people who speed through construction sites - the fine is doubled.