Colorado state lawmaker uses 'legislative privilege' to get out of speeding ticket

Published: Aug 30, 2024 Duration: 00:03:28 Category: News & Politics

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Those photo radar vans hand stacks and stacks of speeding tickets to Coloradans each year except for 100 people who are immune for part of each year. They're state legislators, they can get free if they choose to exploit the legal loophole. One Democrat from Denver was almost gleeful to break the law and get away with it. Politics guy Marshall Zelinger has that story. State legislators make the laws and in some cases state legislators are above the laws. I could totally see the critique. You know, this is a little tacky like not everyone gets to invoke this type of thing. This type of thing is a constitutional privilege given to state lawmakers. The kind democratic state representative Stephen Woodrow invoked in court earlier this month when he challenged this $40 photo radar ticket for going 48 MPH in a 30 on South Lincoln at Dakota Avenue nine news investigates got a hold of the transcript of that court hearing page three line 15. I believe that we might have legislative privilege. That's why I pleaded not guilty to this. I wanted to see what, what the actual net result would be if someone actually ever asserted this. I get one or two of these tickets a year and just pay them. Uh But on this one, I thought it might be fun to actually go challenge what allowed him one of 100 people in the state to be able to challenge this speeding ticket. Article five, section 16 of the Colorado Constitution, the members of the General Assembly shall in all cases except treason or felony, be privileged from arrest during their attendance at the sessions of their respective houses or any committee thereof. And in going to and returning from the same and for any speech or debate in either house or any committees thereof, they shall not be questioned in any other place. It was an exciting morning in court. I should have probably given you a heads up so you could have come, seen it live in action. Do you think people when they hear a state lawmaker got out of a $40 photo radar ticket because they're a state lawmaker? Do you think they'll find that exciting? Oh, sure. Everyone hates photo radar enforcement but not everyone can use their job to get out of it. Woodrow was ticketed at 12 47 PM, two miles from the state capitol. His photo radar ticket shows his legislative parking pass and he said he was on his way back to work for a committee that started at 130 though that specific day in April, the committee started at 228. Not that he knew that when he was speeding, but certainly, when he told the judge legislative privilege, I was fully prepared to lose. Why are state lawmakers allowed to avoid arrest to and from work? Except for treason and felonies in the first place you don't want. For example, you know, a local sheriff to be able to stop somebody from voting in favor of a piece of legislation they disagree with by going out and arresting representatives. Constitutional law attorney Christopher Jackson said this carve out for state lawmakers is meant to protect the people who voted them into office. If a legislator is arrested, then the people who that person is elected to represent, they don't have any representation in the General Assembly. You know, while that arrest occurs since you won. Does that mean as long as you're a lawmaker, I'm taking this to a judge because I'm not gonna pay that 40 bucks? No, I mean, I think I got my win. I mean, I wanted to see if it worked and it did. I'm not looking to get other photo radar tickets on my way to the capitol if anything. Now, uh I drive more slowly for next. I'm Marshall Zelinger Woodrow told us that part of the reason he claimed legal immunity is because he was being shadowed by a high school student that day and wanted to spice up their experience

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