UPDATE: Mosley apologized on his Facebook page to his constituents, saying:
”I would like to apologize to my colleagues and constituents, as well as law enforcement, for my conduct on March 27th, 2018, which is shown in the recently-released video. My desire to get home to see my family does not justify how fast I was speeding nor my reference to legislative immunity when being pulled over. Legislative immunity is a serious responsibility and should not be taken lightly or abused. In addition, my jokes about frequently driving over 100 miles per hour during my 3-hour commute to and from the capitol were entirely inappropriate and showed extremely bad judgement on my part, for which I am truly sorry. I have no excuse for any of this, only regret of my actions, a hope for forgiveness and a commitment that it will not happen again.”
UPDATED to add Sheriff’s Department input on the correctness of adhering to legislative immunity in state law, comments by Cochise County Attorney Brian McIntyre and a statement from the Fraternal Order of Police.
An elected state House representative for Arizona’s 5th District, Paul Mosley, bragged to a sheriff’s deputy that he drives at speeds of up to 140 miles per hour, claiming legislative immunity.
The interaction took place at around 4:30 p.m. on March 27th, 2018, according to public records, when Mosley (R-Lake Havasu City) was pulled over by a La Paz County Sheriff’s Deputy just north of Parker, AZ allegedly doing 97 mph.
According to the deputy’s report, Mosley was swerving in and out of traffic passing vehicles on State Route 95 north of Resort Drive. Radar indicated that the vehicle’s speed was 97 mph in a 55 mph zone.
When he pulled Mosley over, the deputy said that he saw Mosley waving something out the driver’s side window. When the deputy got out of his patrol vehicle and made contact with Mosley on the passenger side, he said it turned out that Mosley had been showing him a placard which indicated that he was an elected state representative, and reportedly told the deputy that he shouldn’t waste his time processing a citation because he has legislative immunity.
“I explained the reason for the stop to Mosley and asked if there was any reason he was traveling so fast,” the deputy said in his written report. “I informed Mosley that 97 mph in a 55 mph zone is considered criminal speed. Mosley stated he was just in a hurry to get home to surprise his family in Lake Havasu City, Arizona. Mosley also told me that I should just let him go and that I shouldn’t waste anymore of my time dealing with him due to his immunity as a government official.”
Legislative immunity is designed to protect lawmakers from targeted attempts to keep them from voting on essential state matters. According to Arizona state law:
“Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session. (Article IV, part 2, section 6.).”
After leaving Mosley to run his driver’s license, the deputy walked back to Mosley’s vehicle and told him to watch his speed, reminding him of how fast he was going.
On video captured by the officer’s body camera (embedded above), Mosley is heard saying he drives at “120, 130.” The officer replies, “Really?” Mosley laughs back, saying, “Yeah, this goes 140. That’s what I like about it.”
The lawmaker was talking about the Lexus LS 400 he was driving at the time of the stop, and went on to say he usually drives more slowly in his Toyota Prius, which has been in the garage. The deputy asked for clarification on what Mosley was saying.
“You were driving 130 earlier, you said?” the deputy asked.
“Yeah, I go 130, 140, 120. I come down I-10, I was going 120 almost, you know, if there was no traffic,” Mosley said.
Deputy: “The, the purpose? You just can, so you do?”
Mosley: “Well, no, it’s, it’s, like, I’m trying to surprise my wife, [inaudible] as long as it’s, you know, as long as it’s safe, but… I don’t even notice that I’m going very fast because of this, you know, car just, you know, nice wheels, nice, you know, suspension, but… Yeah I mean, I don’t, I don’t break the law because I can, but because I, [inaudible]…”
Deputy: “Just trying to get home, a hundred and thirty.”
“Well,” Mosley said, shrugging.
“Okay. Well your logic is flawed for me,” the deputy replied. “I see too many accidents. That’s, that’s not safe.”
“And you’ve never sped in your life, I’m sure,” Mosley responded.
“I absolutely have, but not 130, 120, not even in this thing,” the deputy said, gesturing to his patrol vehicle.
“What? Does it have a governor on it?” Mosley asked.
The deputy then ended the conversation quickly, saying he wasn’t going to lecture Mosley further. He told him to have a good day and walked away without further interaction.
“Seeing that my conversation about safe driving was going nowhere,” the deputy wrote, “Mosley was allowed to continue on his way without incident.”
The La Paz County Sheriff’s Department issued a press release Thursday saying that the deputy had acted properly, checking with his department regarding legislative immunity and then forwarding the matter to the La Paz County Attorney’s Office for a proper review.
“The La Paz County Sheriff’s Office, like all Arizona law enforcement agencies, follow and enforce Arizona Revised Statutes,” the release reads. “In the recent traffic stop that was conducted on the Arizona Representative, the La Paz County Deputy was provided with information that the State was currently in Legislative Session. The Deputy acted properly during the traffic stop then forwarded the traffic offense to the County Attorney’s Office for review.”
Mosley, a Republican member of the Arizona House of Representatives, made news in 2017 after he said that there should be no compulsory education, and he says he wants to repeal an Arizona law that mandates that young people attend school.
He was first elected in 2016 and is up for re-election this year.
Parker Live reached out to the La Paz County Attorney’s Office to ask if there is any intention to pursue the incident legally. County Attorney Tony Rogers sent back this reply:
“I did receive that report, but because Mr. Mosley represents La Paz County, to avoid even the appearance of impropriety, I requested that our state representative, APAAC (Arizona Prosecuting Attorneys’ Association Council), find another agency to review the report.”
Elizabeth Ortiz at APAAC told Parker Live that the Cochise County Attorney’s Office has agreed to review the matter:
“The La Paz County Attorney’s Office did refer this matter to APAAC, and asked me to identify another jurisdiction to take it over. The Cochise County Attorney’s Office agreed to take over this matter and it was sent to that office for review. I do not know what, if any, decisions have been made by the Cochise office, as I do not track that type of information.”
Cochise County Attorney Brian McIntyre told Parker Live Thursday that he is reviewing the matter:
“A complaint has not yet been filed. I do not believe the ethical rules permit me to say whether I intend to charge the matter or not, however. I am able to say that it will be reviewed consistent with our ethical obligations and a charging decision will be made as time and resources permit.”
The Arizona Fraternal Order of Police announced Thursday it has withdrawn its political endorsement of Mosley.
“Rep. Mosley’s recklessness, his demeanor and his utter disregard for the safety of the public represent the exact opposite of what the Arizona Fraternal Order of Police looks for in an elected official,” said John Ortolano, president of the organization.
Video captions by Parker Live.
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I’ve spoken to Mr. Mosely on facebook about education issues and have found him to be extremely conceited and full of himself. I wouldn’t vote for him because of that and I really won’t now. I hope he chooses to stay out of our county as we have enough accidents from idiot drivers we don’t need him here too.
I would echo what Echo said. He hates public education and has proposed abolishing it in Arizona. Hates public education but loves going fast enough to kill himself and anybody that gets in his way.
You can, so you do. That was Bill Clinton’s reasoning when trying to explain his adultery. You are self serving and opportunistic just like him and his wife. There is no difference. You are foul Mosley.
This is the Representative that introduced HB 2406 calling for the elimination of the AZ Board of Behavioral Health Examiners. This would have taken the licenses of Professional Counselors, Social Workers, Substance Abuse Counselors and other behavioral health professionals. This Board serves to protect the public. Mr. Mosley doesn’t care about education, safety of behavioral health providers practices and now highway safety. Vote him out! Please and thank you!
Mosley is a threat to public safety. He is abusing his office solely to feed his immature ego. Do the voters actually want to keep him in office?
He says it’s not “because he can” yet he literally waved his “immunity placard” out the window. Wow, such an entitled a**hole. Would he still be going that fast, if he would get arrested for speeding as he did? I’m sure the answer is no. Just think if he killed your family; he wouldn’t even care….obviously.
This is not the first I’ve heard of his entitled personality. Voting is a powerful tool to voice your opinion.
The fact that he is anti-education should be enough. But he’s in office, so maybe not.
Obviously, Mr. Mosely thinks he is above the law. This is the world the GOP and Mr. Trump have given us. It’s not acceptable. I’m very upset the state trooper did not cite Mr. Mosely on the spot and taken him to the La Paz County jail. That’s what would have happened to me or any other citizen caught in a criminal speeding situation. It’s unsafe and dangerous. I plan to raise the issue with DPS officials in Phoenix.
We only have one option left to us. Use the ballot box this August and November to ensure we place representatives in the state legislature who both follow the law and are responsive to their constituents. The comment from Echo about Mr. Mosely’s response to him tells me a great deal about how he views this job he sought. Time to put someone else in there.
He’s running for re-election, you say? Enough said!!!!!!!!!
Unbelievable, get out and vote!
Why is there a thing called legislative immunity … or even diplomatic immunity for that reason … why should anyone have immunity from the law … imo if you cannot operate within the law then you shouldn’t be representing the law or the people …. everyone’s actions should have consequences … despite any self belief in entitlement
Good work by John wright and the Parker paper. This shows the value of public records!!
For the brain dead who assert there should be no legislative immunity — I can only stress they are BRAIN DEAD. Ignorant. Stupid. At least some of their time would be better spent reading factual books, documents, articles, etc. instead of broadcasting their ignorance all over social media. BTW- the article includes quote from statutes re: legislative immunity. At least read the ENTIRE article! BLAMING this incident on GOP or tRump makes clear the BIAS of those commenting. Parker Press clearly has axe to grind with this individual -and has made their BIAS evident in reporting of this incident. Bringing up his position on another issue (from last year) is a tactic to ‘rile the base.’ SMH THAT said – his behavior was inappropriate. THIS is now an issue for VOTERS in 5th District, Az. Legislative Ethics Committee (assuming one exists) … and the agency reviewing this incident. Altho’ I question that it should be another COUNTY — – it would seem Office of A.G., or DPS, would be the BEST option to review. Another county is subject to same backlash (re: funding, retaliation, etc) as Parker would be. Again – making this partisan issue is just B.S. If you think in entire history of Az that NO elected DEMS ever exceeded speed limit I submit again that you’re brain dead.
So ridiculous. He has no excuse. Risking the lives of others to surprise his wife? He obviously has let his position go to his head and has poor judgment.
If he has immunity for driving too fast. What else will he pulled his immunity, public can’t drive that fast!!!
Entitled, rich white male bragging not only about his ability to break the law with impunity, but also about his fancy car… Apologizes only after his actions are revealed to the public…. What’s not to like?
Vote him out and prosecute after he is gone.
If he has an accident that severely injures another person, will Legislative Immunity prevent them from suing for damages?
Bullshit. Hes only sorry this got out to the public.
Hey Alex, maybe you need learn how to read. It was not an Arizona DPS Officer that stopped Mosley, it was a La Paz County Deputy that made the stop. If he had arrested Mosley, he would have been in violation of the state law and subject to arrest . He also would have been in jeopardy of of an internal affairs violation and could lose his job and state peace officers certification for arresting him. You need to get your facts straight, before you start making comments. Go ahead and make your complaint to DPS and see what happens. Oh by the way, this has nothing to with Trump or the current administration, or the GOP, it has to do with one idiot thinking he is above the law, then flaunting it. It is further screwed up by an IDIOT COMMENTING ABOUT IT!
If it was any other Jon or Jane Doe, they would of been put in the Slammer. Mr.Paul Mosley should be Treated the Same Way. Mr. Mosley is NOT ABOVE THE LAW and should be given Jail Time, Big Fine, Probation and Donate Money to a Well Worthy Cause. Law Makers of Either Party is and Should be Treated just like any other Plorables as Witch Hillary would say.
Lock him up.
It may be that this is an outdated exemption in Arizona that should be deleted. We talk about bias like its something new. This type of exemption was made to deter politically biased law enforcement from detaining a lawmaker en route to voting on a change law. He blatantly admitted to actions that are a threat to public safety. I mostly vote for people that I hope will set a positive example to the impressionable parts of our community. Lets stop supporting Paul Mosely and those in public office who willingly stain the fabric of our great society.
Why should anyone be allowed to make laws that they themselves don’t have to obey? Isn’t that like little dictatorships all over the country? We need alot of changes made to our political system. First everyone needs to vote! It is the only way changes will come about! And we need to get these kind of people out of office. Get some people that aren’t “politicians” in office.
Don’t let this distract you from the the fact that in 1966, Al Bundy scored four touchdowns in a single game while playing for the Polk High School Panthers in the 1966 city championship game versus Andrew Johnson High School, including the game-winning touchdown in the final seconds against his old nemesis, Bubba “Spare Tire” Dixon.
Paul Mosley and the likes of him are the kind of dumbass idiots that we don”t need in our government, trying to make laws for voters when he doesn’t have the brain power to know right from wrong.