State Sen. Justine Wadsack faces October trial over Tucson speeding ticket

Arizona Sen. Justine Wadsack, a local Republican, appeared in Tucson City Court on Tuesday for a criminal speeding ticket for allegedly driving her Tesla down Speedway at more than 70 mph.

Wadsack was pulled over on Friday, March 15, just after 10 p.m., after being observed “traveling at a high rate of speed” heading east on Speedway near North Euclid Avenue by a Tucson police officer on DUI patrol, according to a TPD report.

In a July exclusive, Tucson Sentinel reported Wadsack’s citation. 

Wadsack’s attorney told the court Tuesday she would plead not guilty, and a city magistrate judge scheduled her trial for Oct. 28 at 9 a.m. in front of Magistrate Judge Geraldine Hale.

According to Tucson police, Wadsack was clocked going more than twice the legal limit: 71 mph in a 35 mph zone. Wadsack told the officer she was “racing home” because the battery on her car was low.

However, she was not cited at the time because she immediately introduced herself as “Senator Justine Wadsack,” and the officer called his superiors. Much like members of Congress, members of the Arizona Legislature cannot be arrested or sued while they are in session, under the legal concept of “legislative immunity.” Those limits are meant to keep authorities from arresting lawmakers to interfere with their ability to vote, but they can be charged once a session is over. This year, the Legislature adjourned on June 15.

In June, Wadsack told TPD that she was refusing to meet to sign the citation, authorities said. TPD moved ahead with charging Wadsack and filed a summons in Tucson City Court. 

Exceeding the posted speed limit by more than 20 mph is chargeable as a class 3 misdemeanor in Arizona, with possible punishments of up to 30 days in jail and up to a year of probation, up to a $500 fine, and three points charged against a drivers license.

Flanked by her attorney and her husband, Wadsack sat in the front pews of the courtroom and listened as city officials read more than four dozen names. A city prosecutor explained the proceedings, reminding people in the courtroom not to ask for legal advice or lay out the facts of their case. Only eight people appeared in court, while 49 people failed to appear—including one man who was in custody officials said. 

No one was offered a plea agreement on Tuesday morning, though three people immediately filed paperwork for a public defender because they received a DUI. 

After receiving her trial date Wadsack, followed by several supporters, left the mostly empty court and spoke to reporters outside. 

“Obviously my client is innocent until proven guilty, and we look forward to going through the discovery process, and I believe that prosecutor’s office and the judiciary will be fair to my client,” said Brad Miller, Wadsack’s attorney. A Chandler-area attorney, Miller graduated from Liberty University of Law in 2007 and is currently running unopposed for county attorney in Pinal County after serving as a prosecutor in the Maricopa County Attorney’s Office Sex Crimes Bureau, the Arizona Republic reported. 

“As we look around our great nation, we see individuals funded by Soros becoming top prosecutors, resulting in the release of criminals, while law-abiding citizens are prosecuted unfairly,” Miller wrote on his campaign website. 

“I thank everybody for coming,” said Wadsack. “I do have supporters and people who know the truth.” 

In addition to the criminal speeding charge under ARS 28-701.02, Wadsack faces a civil traffic violation for not providing proof of insurance under ARS 28-4135, Officer Frank Magos told Tucson Sentinel in July. During her interaction with police, Wadsack said she wasn’t able to provide proof of insurance because she recently changed companies. 

Miller said he would seek to get that charge dismissed. 

“We appreciate the judicial process,” Miller said, adding that people are innocent until proven guilty. “We look forward to the opportunity to present our side of what actually happened, and we believe that the outcome will be fair,” he added. Miller also said he would file a notice of claim against the city, demanding depositions from city leaders, including Tucson Mayor Regina Romero and Tucson Police Chief Chad Kasmar. 

“So one of the things that we’re looking into is filing a notice of claim against the city,” Miller said, adding he would ask for depositions because “it does look like this had some sort of political motivation, and so we look forward to the opportunity of discovering those issues.” 

Wadsack has claimed the ticket is the result of political prosecution, and on Monday she went on Twitter and Facebook and asked followers to show their support by coming to the Tucson City Court arguing “lawfare is occurring at all levels of our government in Arizona.”

She referenced Arizona Attorney General Kris Mayes’ and grand jury charges brought against more than a dozen Republicans—including former New York Mayor Rudy Giuliani—who were accused of conspiracy, fraud and forgery in their attempt to overturn Arizona’s 2020 election results and hand the presidency to former president and convicted felon Donald Trump. Wadsack said they were “facing prosecution for ‘exercising their God-given 1st Amendment rights'” and she compared her own case to theirs, adding “now the City of Tucson is prosecuting me in direct violation of the Arizona Constitution and the City of Tucson’s own policies.” 

Despite clear legal prohibitions, the Democrat Mayor and Police Chief have decided to use the power of government to prosecute their political opponents,” Wadsack claimed. “We look forward to our day in court and look forward to the discovery process where we plan to put the mayor, police chief, and Lieutenant Petty [sic] under oath which will show that this entire process was political.”

Lieutenant Lauren Pettey is part of TPD’s Specialized Response Division and on June 27, she called Wadsack’s office to try to arrange a time for her to sign a criminal speeding citation for the March incident.

That division’s “chain-of-command was aware of this traffic stop and subsequent pending criminal citation for Sen. Wadsack after the legislative session adjourned,” Lt. Lauren Pettey wrote. 

Wadsack returned the call about 10 minutes later, Pettey wrote, but the lieutenant had left her body camera in her vehicle so their exchange was not recorded.

Wadsack “immediately became defensive and argued that she was in fact not speeding. I explained that there was probable cause to issue her a citation for criminal speeding and that she could present her arguments to the judge; however, she refused to meet to sign the citation and said she would not accept it,” the TPD officer wrote.

Tucson city officials pointed out that “persecution” and “prosecution” are different things, and said the “political persecution” claim “undermines the dangerous driving behavior” witnessed by an officer. 

Following news she was cited for criminal speeding, Wadsack attacked law enforcement and lost the endorsement of the Fraternal Order of Police. On Aug. 1, she lost her primary election to Vince Leach — the former LD17 senator who she ousted in the primary just two years ago. 

‘Traveling 71 mph in a clearly posted 35 mph zone’

The March incident involving Wadsack began when Officer Ryder Schrage, a 12-year veteran of the force, was patrolling eastbound near Euclid when he observed the vehicle that turned out to be driven by the state senator, he wrote. The car, a red 2015 Tesla Model S 85, was clocked at 58 mph by his police radar, he wrote in a police report.

“The vehicle then came to a stop at a red light at the intersection of Speedway and Park,” the officer wrote. “As the light turned green I observed the vehicle accelerate at a high rate of speed. My vehicle mounted radar then read the vehicle to be traveling 71 mph in a clearly posted 35 mph zone. I activated my code three equipment and stopped the vehicle near Speedway and Wilson.”

The interaction between Schrage and Wadsack was captured on video by his body camera as he approached her car on the side of the street on North Wilson Avenue, just off Speedway between North Campbell Avenue and North Tucson Boulevard.

Hello,” he said, as Wadsack, at the wheel of the Tesla, rolled down her window.

“Hello,” she responded.

“Do you have your drivers license, registration and insurance?” the officer asked.

“Yes, I do. My name is Sen. Justine Wadsack and I’m racing to get home because I have four miles left on my charger before I’m about to go down,” she said.

“OK, well, Speedway is a 35 mph zone…,” he said.

“I understand,” Wadsack interjected.

“… and you were going over 70,” the officer said.

“I was not doing 70,” she said.

“Yes, you were. I was behind you; I had my radar on,” the officer said.

“OK,” Wadsack said.

Wadsack wasn’t able to provide proof of insurance, explaining that she’d recently changed insurance companies.

“Do me a favor and hang tight in your car; I’ll be right back, OK?” the officer said, turning to walk back to his patrol vehicle.

He then turned off the audio recording on his body cam, but continued to record video.

For more than 15 minutes, he sat in his vehicle.

According to his report, the officer contacted his sergeant.

“After contacting our legal advisor it was decided that Sen. Wadsack was possibly under diplomatic immunity (sic),” he wrote in his report. “The traffic charges were long formed until this could be confirmed. They may possibly be issued at a later date.”

The TPD officer then returned to Wadsack’s car, making a motion in front of his camera as if he meant to turn the audio recording back on. But the remaining couple of minutes of their interaction is silent on the video released by the department.

Wadsack demands to speak with TPD Chief

In her report, Pettey wrote the GOP lawmaker was “also was upset that she was being cited several months after the fact and I explained that was due to the legislative session was ongoing at the time of the traffic stop (thus legislative immunity to be issued a ticket on March 15th) however it did not prevent her from receiving a ticket once the legislative session adjourned,” the report said.

“She demanded to speak with the chief of police and said that she was under ‘political persecution.’ She also said that I was being aggressive and got upset when I called her Mrs. Wadsack and not Senator Wadsack. She then abruptly ended the conversation and hung up the phone,” the report said.

Mike Rankin, the Tucson city attorney, told the Sentinel that “‘persecution’ and ‘prosecution’ are very different things. ‘Persecution’ refers to the act of punishing or hurting someone based on their beliefs. ‘Prosecution’ refers to the act of bringing a legal action to hold someone accountable for their violation of law.”

“Citing someone—Ms. Wadsack or anyone else—for putting other people in danger by driving at speeds more than 20 miles per hour above the posted speed limit within city limits is not ‘persecution.’ It is prosecution,” he said.

Magos told the Sentinel that “the claim of political persecution stemming from this traffic stop undermines the dangerous driving behavior that Officer Schrage witnessed that night.”

“Traffic safety has been a longstanding priority for Chief Kasmar and the Tucson Police Department. With an increase in traffic fatalities, officers are expected to address dangerous driving behavior regardless of who is behind the wheel,” said Magos.

“A core component of TPD is to treat all community members fairly and impartially, in alignment with the principles of constitutional policing, regardless of their status,” he said.

Wadsack was involved in at least one other recent local traffic incident in the past year, said Magos. Neither she nor the other driver were cited in a non-injury collision.

Legislative immunity

Arizona’s constitutional grant of legislative immunity is similar to the one extended to members of Congress in the U.S. Constitution, which has roots in English law from the 1700s. It is intended to bar authorities from interfering with a lawmaker’s ability to participate in debates and voting on laws during a session of the Legislature.

“At the time of the traffic stop for her violations, Ms. Wadsack immediately identified herself as a state senator, and thereby raised the issue of ‘legislative immunity,'” Rankin said.

“While I do not believe that the constitutional provision in question actually has the effect of giving legislators a ‘get out of jail free’ card while the Legislature is in session, it is entirely clear that it does not apply while the Legislature is out of session. Given this, it made sense to delay the filing of charges until such time that the claim of ‘legislative immunity’ would be a non-issue,” he said.

Rankin said he could only recall one other instance of the city prosecuting a state lawmaker. Rep. Daniel Patterson was charged over domestic violence allegations in 2012, but was acquitted. His attempt to claim legislative immunity failed in court. Patterson, a Tucson Democrat, later resigned his seat when members of his party called for him to leave office after an ethics investigation recommended that he be expelled.

Those findings claimed Patterson verbally abused his staff and colleagues, threatened physical assault, likely tampered with a witness, and sought to trade sexual favors for votes. He attempted to sue Pima County and the city of Tucson over his arrest, but that case was dismissed by a judge.

In 2018, a La Paz County lawmaker, state Rep. Paul Mosley, was pulled over going 97 mph in a 55 mph zone. The Republican claimed legislative immunity, and bragged about his speeding to the officer who pulled him over, saying he sometimes drives “130, 140, 120… if there’s no traffic.”

At the time, Republican leaders in the Legislature said they didn’t think legislative immunity should apply to such situations.

“Nothing short of an emergency justifies that kind of speeding, and assertions of immunity in that situation seem outside the intent of the constitutional provision regarding legislative immunity,” then House Speaker J.D. Mesnard said.

In 1988, Jan Brewer — a state senator who would go on to become Arizona’s governor — was not charged after she rear-ended a vehicle on Interstate 17, failing field sobriety tests. She told officers that she had two Scotches before driving. Brewer later said she didn’t claim legislative privilege herself. Officers at the scene said she was protected from arrest because of immunity.

Rankin later said the city in no way bases decisions on prosecutions on anyone’s political stances.

“First of all, the officer had no idea who the driver of the Tesla going 71 in a 35 was when he pulled her over. As for the prosecution decision, I only consider the facts and admissible evidence relating to the conduct that is the basis for the charge(s),” he said in an email.

“That was the basis for charging Patterson; and the basis for charging Wadsack. For what it’s worth, I’m thinking that those two land on different parts of the political spectrum. And the truth is, I couldn’t care less about their politics,” the city attorney said.

‘Racing home’

When she was pulled over, Wadsack told the officer she was “racing to get home because I have four miles left on my charger.”

That reasoning doesn’t hold up, an expert in electric-vehicle engineering told the Sentinel.

“That doesn’t make any sense at all,” said Michael Ahern, who was a Tesla senior staff engineer for 11 years. “There’s no car that gets more efficient as you floor it,” electric or gas, he said.

“The faster you go, the more wind resistance becomes a factor – the square of the velocity of the wind,” said Ahern, a University of Arizona engineering graduate who worked for the EV company in California, the Netherlands and Tucson before retiring from Tesla.

“70 mph is definitely in the realm where wind resistance is going up,” he said, noting that the longest range from a Tesla’s battery can be had at speeds around 40 mph. “Going faster isn’t more efficient.”

“Unless maybe you’re trying to climb a hill with the last bit of battery life, so you can coast down the other side, speeding isn’t going to work,” said Ahern, who was unware of the identity of the person in question before the publication of this story.

The Model S owner’s manual advises that “elevated driving speed” can affect the car’s energy consumption.

A 2015 Model S 85 can accelerate to 60 mph in about 5.9 seconds. The dual-motor Model S 85D can do so in just 3.2 seconds.