Democrat lawmaker invokes 1784 Constitutional privilege to fight speeding charges, as she flew past cops at 100 mph
A New Hampshire Democratic lawmaker is making a constitutional argument that sounds less like modern traffic law and more like a scene from the Founding Fathers era.
State Rep. Ellen Read, a Democrat from Newmarket, is fighting two separate speeding cases by arguing that a provision in New Hampshire’s 1784 Constitution prohibited law enforcement from stopping her while she was traveling to or from legislative duties. The dispute has sparked fresh debate over whether elected officials enjoy special protections that ordinary citizens do not.
According to court filings, Read was stopped in December 2024 after authorities alleged she was driving more than 100 miles per hour on Interstate 93 in Windham. A second traffic stop followed in June 2025 when she was accused of driving 92 mph in a 65 mph zone in Londonderry. In both encounters, Read informed officers she was returning from legislative business and later argued that the stops themselves violated constitutional protections afforded to members of the General Court.
“The plain reading of the Constitution says that legislators cannot be stopped on their way to or from their duties,” Read told Fox News Digital. “It says nothing of being ticketed or arrested at the end of the commute, and nothing about prosecution.”
At the center of the case is language adopted nearly 250 years ago stating that members of the House and Senate shall not be “arrested, or held to bail” while traveling to, attending, or returning from legislative sessions. Read’s legal filings contend that because she was detained during protected travel, all evidence obtained from the traffic stops should be suppressed.
State Rep. Ellen Read, a Democrat from Newmarket, is fighting two separate speeding cases by arguing that a provision in New Hampshire’s 1784 Constitution prohibited law enforcement from stopping her while she was traveling to or from legislative duties. The dispute has sparked fresh debate over whether elected officials enjoy special protections that ordinary citizens do not.
According to court filings, Read was stopped in December 2024 after authorities alleged she was driving more than 100 miles per hour on Interstate 93 in Windham. A second traffic stop followed in June 2025 when she was accused of driving 92 mph in a 65 mph zone in Londonderry. In both encounters, Read informed officers she was returning from legislative business and later argued that the stops themselves violated constitutional protections afforded to members of the General Court.
“The plain reading of the Constitution says that legislators cannot be stopped on their way to or from their duties,” Read told Fox News Digital. “It says nothing of being ticketed or arrested at the end of the commute, and nothing about prosecution.”
At the center of the case is language adopted nearly 250 years ago stating that members of the House and Senate shall not be “arrested, or held to bail” while traveling to, attending, or returning from legislative sessions. Read’s legal filings contend that because she was detained during protected travel, all evidence obtained from the traffic stops should be suppressed.
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