Can Georgia Lawmakers Really Avoid Speeding Tickets?

You might have heard the claim: Georgia state legislators can speed with impunity while the legislature is in session. It sounds like the ultimate government perk—a constitutional get-out-of-jail-free card for heavy-footed lawmakers racing to votes. But like many things that sound too good to be true, this one doesn't hold up under scrutiny.

The Constitutional Provision

Georgia's Constitution does grant members of the General Assembly a privilege from arrest. Article III states that legislators "shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace."

On its face, this seems like a generous immunity. If you're a legislator during session, you can't be arrested—except for the most serious offenses. Speeding isn't treason. It's not a felony. So legislators should be in the clear, right?

The "Breach of the Peace" Loophole

Here's where the myth falls apart. The phrase "breach of the peace" isn't just about public disturbances or bar fights. Courts have interpreted this exception extremely broadly.

In fact, the U.S. Supreme Court has held that "treason, felony, and breach of the peace" encompasses all criminal offenses, meaning the privilege from arrest applies exclusively to civil arrests, not criminal ones.

This interpretation has real-world consequences. Illinois courts, for instance, have ruled that a traffic violation qualifies as a "breach of the peace" under their state's similar constitutional provision—meaning a legislator was not exempt from arrest for speeding while returning from a legislative session.

Georgia's Traffic Law Twist

Georgia makes this even clearer. Unlike many states that treat minor traffic violations as civil infractions, Georgia classifies all traffic violations as criminal misdemeanors. When you get a speeding ticket in Georgia, you're not just paying a fine—you're being charged with a crime.

Since traffic violations are criminal offenses, and "breach of the peace" includes all criminal offenses, Georgia legislators can absolutely be ticketed and arrested for speeding during legislative sessions.

Why the Confusion?

The myth persists because the constitutional language sounds protective. "Breach of the peace" feels like it should mean something violent or disruptive, not cruising 15 over the speed limit on I-75.

But legal language often carries historical meanings that differ from everyday usage. The "treason, felony, or breach of the peace" exception has roots in English parliamentary law, where it was specifically designed to allow arrests for any criminal act while protecting legislators from civil lawsuits that might interfere with their duties.

Some states do have broader legislative immunities. Arizona legislators, for example, have used their constitutional privilege to avoid speeding tickets, sparking controversy and calls for reform. But Georgia? Not so much.

The bottom line: If you're a Georgia lawmaker late for a vote, you'd better obey the speed limit. That badge won't save you from a ticket.