A pre-trial hearing in the speeding case against an Arizona State Legislator has been continued again. The hearing for Rep. Paul Mosley, R-Lake Havasu City, has been continued until 9 a.m. Feb 8 in the Parker Justice Court. At a hearing Dec. 6, Mosley’s attorney, David H. Stringer, said they needed time to prepare and file a motion in the case.
Mosley is charged with one count of excessive speed, a Class 3 misdemeanor. He faces up to 30 days in jail and a fine of $500.
Stringer told Justice of the Peace Charlene Weis that the circumstances of Mosely’s traffic stop were not at issue in the motion. He said there were constitutional issues regarding legislative immunity. He said they would need time to investigate the issue, prepare and file their motion, and giver the prosecution time to respond.
The Prosecutor, Cochise County Attorney Brian McIntyre, said he did not object to the continuance, Prosecution of this case was turned over to Cochise County to avoid a possible conflict of interest for the La Paz County Attorney’s office. Mosley represents La Paz County at the legislature.
When Shontz suggested Jan. 18, Stringer said that could be too soon as the State Legislature would be back in session. Stringer is a member of the Arizona House of Representatives and, like Mosley, a Republican.
In late March, Mosley was pulled over north of Parker on State Route 95 for allegedly traveling at 97 mph in a 55 mph speed zone. On video recorded from the body cam of La Paz County Sheriff’s Sgt. Steven Maya, Mosley boasts of driving at 120 to 140 mph on Interstate 10. He also said he could not be cited because of legislative immunity.
The video was made available to a local website, Parker Live, and soon went viral.
According to the Arizona Constitution, lawmakers “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.”
Mosley apologized for his actions at a “Meet the Candidates” event in Lake Havasu City in August. He lost his bid for reelection in the Republican Primary held Aug. 28.
In late July, Gov. Doug Ducey signed an executive order stating that legislators could be cited if their bad driving went beyond simple speeding.