DENVER — A Colorado state lawmaker caught by photo radar going 18 mph over the speed limit avoided paying the $40 fine because of legislative privilege.
State Rep. Steven Woodrow (D-Denver) went to county court on Aug. 8 and cited the portion of the state’s constitution that gives special privilege to members of the legislature.
“I believe that we might have legislative privilege. That's why I pleaded not guilty to this. I wanted to see what the actual net result would be if someone actually ever asserted this,” Woodrow said to a Denver County magistrate, according to a court transcript obtained by 9NEWS Investigates.
Article V, Section 16 of the Colorado Constitution is titled, “Privileges of Members” for the legislative branch.
“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 committees 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,” the constitution states.
“We can all agree that I have not committed treason in this case, and therefore, I have not committed a felony in this case, or been accused thereof,” Woodrow said in court.
Read the full court transcript below:
The photo radar ticket is from April 10 at 12:47 p.m.
Woodrow was snapped going 48 mph in a 30-mph zone on South Lincoln Street at Cedar Avenue, one block south of Alameda Avenue. That is two miles away from the Colorado State Capitol parking entrance at 14th Avenue and Sherman Street.
April 10 was a Wednesday, and Woodrow is a member of the House Judiciary Committee which usually meets at 1:30 p.m. on Wednesdays.
“On Wednesdays, starting at 1:30, I have to be present for House Judiciary," Woodrow told the court. "It is a committee hearing where I am expected to be there and vote. If I don't show up, I can get fined or worse from the Committee Chair. So, I always make sure that I'm there on time and ready to go.”
9NEWS talked to Woodrow Thursday about the court hearing.
"It was an exciting morning in court," Woodrow said. "I should have probably given you a heads up so you could have come see it live in action."
Constitutional law attorney Christopher Jackson said legislative privilege is meant to protect people who voted state lawmakers into office.
"You don't want, for example, 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," Jackson explained. "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 while that arrest occurs."
Woodrow admitted some people might see this as a lawmaker putting himself above the law.
"I could totally see the critique, 'This is a little tacky like not everyone gets to invoke this type of thing,'" Woodrow said. "I also at the same time know that people respect the constitution."
Woodrow said part of the reason he challenged the ticket was because he was being shadowed by a high school AP government student.
“I thought it would be fun to spice things up a little bit and see if we could beat a traffic ticket using the provision of the state constitution," Woodrow said.
He said he has no plans on introducing legislation to try and ban photo radar vans from catching anyone else speeding.