Full Breakdown
New Hampshire Lawmaker Cites 1784 Constitutional Clause to Contest Speeding Stops
7/16/2026, 1:00:20 AM
Legislative Privilege Claim
State Rep. Ellen Read, a Democratic member of the New Hampshire House, is seeking dismissal of two speeding citations by arguing that a 1784 provision of the state constitution bars police from stopping legislators while they are traveling to or from the General Court. The first alleged incident occurred in December 2024 on Interstate 93 in Windham, where officers said Read exceeded 100 mph. The second took place in June 2025 in Londonderry, where she was accused of traveling 92 mph in a 65-mph zone. Read contends the constitutional language—“No member of the House of Representatives, or Senate shall be arrested, or held to bail, on mesne process, during his going to, returning from, or attendance upon, the Court”—protects the act of being stopped, not subsequent ticketing or prosecution.
Court Actions and Outcomes
A lower-court judge rejected Read’s argument in the December 2024 case, finding her guilty of negligent driving in August 2025 and imposing a $1,240 fine, half of which was deferred. The court allowed her to retain her license pending completion of a safe-driving course and two years of good behavior. Read petitioned the New Hampshire Supreme Court to address the constitutional question before the June 2025 case proceeded; the court denied the petition without prejudice, permitting a future appeal that complies with procedural rules.
Official Statements & Responses
Read’s public statements emphasize that her challenge targets the legality of the stops, not the underlying speed allegations. She has also disputed the officer’s speed estimate, noting the lack of radar data and body-camera footage, and highlighted a State House employee’s conflicting account of the encounter.
Criticism & Opposition
Legal analysts note that the constitutional provision has never been interpreted concerning modern traffic enforcement, making Read’s claim a “first-impression” issue for the state’s highest court. The lower-court ruling suggests judicial skepticism toward extending legislative privilege to shield legislators from routine traffic stops.
Verbatim Quotes
- “The plain reading of the Constitution says that legislators cannot be stopped on their way to or from their duties.” — Ellen Read
- “It says nothing of being ticketed or arrested at the end of the commute, and nothing about prosecution.” — Ellen Read
- “The unconstitutional manner of the stops, and not the charge, therefore, was the topic of discussion in the case,” — Ellen Read
- “All evidence illegally obtained should be suppressed, and the charge dismissed.” — motion filing
- “The question is not whether a sitting legislator is 'above the law,'" the petition states.” — petition
