Can a legislator get out of a speeding ticket while on their way to the legislature? — Dome comment thread
Not any more. And it's not clear whether they ever could.
A state law dating back to 1787 said that police could not detain legislators who were en route to session:
The members ... shall be protected, excepting cases of crime, from all arrest and imprisonment, or attachment of property, during the time of their going to, coming from, or attending the General Assembly.
Many legislators took the statute to mean that they could not be stopped for speeding if they were on their way to a vote.
But longtime bill drafting director Gerry Cohen says the legal meaning of those words was never clear. He argued that speeding or other driving infractions could be considered "cases of crime" that were not covered.
The law dated to pre-revolutionary days, when the king or the colonial governor would sometimes detain a legislator in order to influence a vote.
At the time, police also had much greater powers to arrest citizens for outstanding debts or to enforce a lien, for example.
After then-Sen. Joe Johnson cited the statute while trying to get out of a driving infraction in Raleigh, the legislature got rid of the provision in 1992.
Got a question? Post it in the comments or e-mail dome@newsobserver.com.
Blog RSS feed
PS Blogger Blash
At the risk of spamming, I want to extend that Blogger Blash invitation to all Dome readers and writers, regardless of your political persuasion. If you're wondering whether this afternoon party is for you ... it is! Hope to see you here.