NH Rep Cites 1784 Law to Contest 100Mph Speeding Stop

Clause says lawmakers cannot be 'arrested, or held to bail' while traveling to or from work
Posted Jul 15, 2026 7:01 AM CDT
NH Rep Cites 1784 Law to Contest 100Mph Speeding Stop
File photo.   (AP Photo/Daniel Ochoa de Olza, File)

Everyone's got an excuse for getting out of a traffic stop, but a New Hampshire lawmaker has a rather creative one. State Rep. Ellen Read, a Democrat, is leaning on a 240-year-old constitutional clause to argue that police never should have pulled her over for allegedly driving close to—and above—100mph. Per NHJournal, Read was clocked going 107mph on Dec. 2, 2024, and again on June 5, 2025, going 92mph. Read is using a provision adopted in 1784 that shields legislators from being stopped while heading to or from the State House, and that her two speeding cases should be tossed because the traffic stops themselves were unconstitutional. The clause says lawmakers cannot be "arrested, or held to bail" while traveling to or from the General Court, reports Fox News.

Read isn't claiming immunity from prosecution, she says, just from being detained during the commute. She wants courts to treat legislators on official business similarly to police or EMTs who break traffic rules while working. A judge already rejected that argument in one case, finding her guilty of negligent driving and fining her $1,240, with conditions that let her keep her license. The state's highest court declined, for now, to weigh in on her constitutional challenge. Read's office also disputes she ever topped 100mph, saying on Instagram that her 2009 Toyota Yaris with more than 440,000 miles "simply cannot go that fast" and questioning the officer's speed estimate and lack of bodycam footage.

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