One of the two Oregon state troopers who pulled over state Rep. Travis Nelson, D-Portland last week told him he would be treated differently because he’s a legislator.
Nelson, one of the only Black representatives in the state House, was pulled over during his commutes home from the state Capitol in Salem on Jan. 30 and Feb. 1. In a tweet last week and in a subsequent statement and interview with the Oregon Capital Chronicle, Nelson said those stops and the more than 40 times he has been pulled over in the past 25 years indicate racial bias in policing.
Dash cam and body camera videos released by Oregon State Police in response to a public records request show civil interactions between Nelson and the officers who stopped him on Jan. 30 for speeding and failing to stay in his lane and on Feb. 1 for using his cell phone while driving. In both instances, police let him go with warnings.
During the second incident, state Trooper Adrian Steeley asked Nelson if he worked in the Legislature and then if he was an “actual legislator,” the video showed.
“That makes a difference, because if that’s the case I’m not allowed to – I think there’s a certain law regarding that sort of stuff,” Steeley said. “I’ll take a look at your license and that sort of stuff and then I’ll probably get you on your way, OK?”
The state constitution protects lawmakers from arrest and civil lawsuits during the legislative session, though those protections don’t extend to arrests for committing treason or felonies.
It also doesn’t extend to traffic tickets, legislative attorneys said when Rep. Greg Smith, R-Heppner, was accused of trying to claim legislative immunity for driving 41 mph in a 20 mph school zone in 2002. Another former legislator and 2022 gubernatorial candidate, Betsy Johnson, tried claiming legislative immunity to avoid an insurance lawsuit over a crash she caused in 2013.
For his part, Nelson said he thought he could be arrested if police found open warrants in his name. The body camera videos showed officers typing information into their laptops after collecting his license and other documents.
Nelson said last week that other cars were going faster than he was when he was pulled over for driving 76 mph in a 65 mph zone, and that he didn’t think he had veered out of his lane. During the roughly one minute of dash cam video before he was stopped on Jan. 30, no other cars passed him and he didn’t pass any other cars. It wasn’t clear from the video whether he swerved from the middle lane into the right lane, as it was dark and the police car was to the left of him.
Police let him go with warnings each time. Nelson doesn’t have any prior speeding tickets, according to court records, but he has one prior conviction for distracted driving. If he had received a ticket for distracted driving, it would have been a Class A violation with a fine of up to $2,500. Oregonians can be convicted of misdemeanors and spend up to six months in jail if they’re caught using cell phones while driving three times in 10 years.
Traffic Stop Videos
Nelson was pulled over shortly after 8 p.m. on Jan. 30 for speeding and not staying in his lane. He was released with a warning. Click here for the body camera video. Click here for dash camera video.
On Feb. 1, he was pulled over shortly before 6 p.m. for using his phone while driving. Police let him go with a warning after learning that he was a state legislator. Click here for the body camera video. click here for the dash camera video.
By Julia Shumway of Oregon Capital Chronicle
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