Rep Ellen Read says Constitution barred police after 100 mph stop
New Hampshire Democratic Rep. Ellen Read says the state constitution barred police from stopping her during two high-speed traffic incidents on Interstate 93, including one clocked at 107 mph in a 65 mph zone. The five-term Newmarket lawmaker invoked legislative privilege under a 1784 constitutional provision. Courts have rejected that defense, and the state Supreme Court declined to hear her appeal in June 2026.
Key Takeaways
- Rockingham County deputies said Read drove 107 mph in Windham on Dec. 2, 2024, and 92 mph in Londonderry on June 5, 2025.
- Read cites Part Two, Article 21 of the New Hampshire Constitution, which limits arrests while lawmakers travel to or from the General Court.
- Judges and law enforcement have ruled the clause does not grant immunity from traffic stops or speeding charges.
- The state Supreme Court declined Read's appeal on June 11, 2026; a hearing on deferred punishment is set for Aug. 12.
- Read is running for reelection and says she is challenging the stops, not claiming immunity from prosecution.
What happened during the Rep Ellen Read speeding stops?
According to court records cited by The Boston Globe and the New Hampshire Union Leader, a Rockingham County deputy sheriff said Read's Toyota Yaris was traveling 107 mph in a 65 mph zone on I-93 in Windham on Dec. 2, 2024. She was charged with negligent driving.
On June 5, 2025, a different deputy said she was driving 92 mph in a 65 mph zone on I-93 southbound in Londonderry. She was cited for speeding. In both cases, deputies released her without arrest.
Read told Fox News Digital she is not arguing lawmakers cannot be prosecuted. Instead, she contends officers unlawfully detained her while she was traveling to or from legislative session, making evidence from the stops inadmissible.
What is legislative privilege under the New Hampshire Constitution?
At the center of the dispute is Part Two, Article 21, adopted in 1784. It states that no member of the House or Senate "shall be arrested, or held to bail, on mesne process, during his going to, returning from, or attendance upon, the court."
In this context, "court" refers to the New Hampshire General Court — the formal name for the Legislature — not a judicial courtroom. Read's legal team has asked the state Supreme Court to clarify the scope of the provision, calling it a constitutional question of first impression.
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How have courts responded to Read's constitutional defense?
Judges presiding over Read's cases have denied motions to dismiss charges based on legislative privilege. The Union Leader reported that a bench trial judge rejected the argument in August 2025, finding the privilege does not shield lawmakers from traffic violations.
Read pressed her claims to the New Hampshire Supreme Court, which declined on June 11, 2026, to hear her appeal at that stage. Her attorney filed a motion for reconsideration on June 24. Spokesperson Gracie Gato said Read accepted a reduced charge in the second case and did not appeal to the high court on the privilege issue.
The second case carried a $1,240 fine and a condition that her license could be suspended if she received another moving violation within two years, according to the Globe.
What happens next in the Rep Ellen Read speeding cases?
A hearing is scheduled for Aug. 12, 2026, to evaluate deferred punishment tied to the second ticket in light of the earlier negligent-driving charge. Read, a five-term Democrat from Newmarket, is running for reelection while the legal process continues.
Her office has disputed the deputies' speed readings, saying she did not exceed 85 mph in either incident. Read also noted the sheriff's deputies lacked body cameras to corroborate allegations she was abusive during the stops.
Regardless of the outcome, the case has renewed public debate over whether an 18th-century arrest shield applies to modern traffic enforcement on New Hampshire highways.