TUCSON (CN) – A member of the Tucson Air National Guard claims the Tucson City Court and State of Arizona cannot arrest and cite him for a traffic violation, as they did, because an Arizona law exempts members of the National Guard on active duty from misdemeanor arrests.
Christopher Towns claims that “under unusual times, such as those that have existed since September 11, 2001,” National Guard members have been “on call 24/7, 365,” and so the Arizona Legislature “drafted legislation providing immunity from misdemeanor arrest for these active duty members.”
Towns claims he was on active duty when he was arrested for unspecified “alleged traffic violations.” He claims immunity from arrest under A.R.S. § 26-166.
Towns claims defendant City Magistrate Susan Shetter misinterpreted the law, claiming it immunizes only those service members while they are performing official duties.
He wants the complaint dismissed.
He is represented in Pima County Court by Craig Becker with Thrush, Clark.