New Hampshire State Representative Ellen Read is asserting legislative privilege in her defense against two speeding citations, arguing that constitutional protections prevent her from being held accountable for traffic violations. Read, a Democrat representing Seabrook, was cited for driving 107 mph in a 65 mph zone in December 2024 and again for 92 mph in June 2025 on Interstate 93.
Read's legal team has invoked a stipulation in the New Hampshire Constitution that states representatives cannot be arrested while traveling to or from the state legislature. She has requested that all charges stemming from the traffic stops be dismissed, taking her case to the New Hampshire Supreme Court, which declined to hear her appeal in June.
During the first stop, police stated Read was driving away from Concord, the state capital. She claimed she was traveling from the legislature to her job in Woburn, Massachusetts. Major Christopher Bashaw of the Rockingham County Sheriff’s Office told the Boston Globe that exceeding 100 mph is an arrestable offense, indicative of reckless operation, though the deputy issued a citation rather than making an arrest.
Read contended that the citation itself violated her legislative privilege as it constituted an arrest, even without physical detainment. Her attorney, former state lawmaker Daniel Hynes, argued that evidence leading to a negligent driving charge from the first stop was illegally obtained. Read was convicted of negligent driving and fined $1,240, with a warning that further moving violations within five years could lead to license revocation.
In the second incident, Bashaw reported that Read allegedly told the deputy he did not understand the state constitution or her privileged status. The interaction lasted nearly ten minutes before a ticket was issued. Bashaw expressed skepticism about the immunity claim, stating it would be absurd to believe lawmakers are exempt from accountability for crimes or accidents while traveling to or from legislative sessions.
Republican House Deputy Majority Leader Joe Sweeney echoed these sentiments, suggesting that legislative privilege is intended to facilitate lawmakers' duties without undue interference, not to grant impunity on the road. He stated that the privilege should not allow individuals to avoid consequences for routine traffic stops.
Read faces a sentencing hearing in August for the first offense, with potential for more significant repercussions given the second speeding charge. The trial for the second charge is being rescheduled after the presiding judge recused himself in April. While the New Hampshire Supreme Court declined to hear Read's appeal, a motion for reconsideration was filed later in June. Law professor Lawrence Friedman suggested the court may be awaiting further trial evidence to clarify the scope of legislative privilege, potentially limiting its application in various situations, similar to provisions in other states.