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A Florida State Trooper is jobless tonight. Fired, he says, for ticketing a state lawmaker. The trooper says it’s an unspoken rule of FHP to give elected officials a break. Whitney Ray spoke to an FHP coronel today who says there is no unspoken rule.

Above the law, that’s how a fired state trooper describes the Florida Legislature.

In November on Interstate-10 State Trooper Charles Swindle pulled over State Representative Charles McBurney. Swindle told McBurney he was speeding, going 87 in a 70. McBurney says he wasn’t speeding.

Reporter: Did you ask for any favors? Did you say, I’m a state lawmaker?
McBurney: Absolutely not, that is totally inappropriate.

In an exclusive interview, McBurney told me the trooper saw his state legislature specialty plate and asked if he was a lawmaker. He then told McBurney he was going to ignore the speeding violation and ticket him for not having proof of insurance.

“Right behind my drivers license is my proof of insurance which was there all along,” said McBurney.

McBurney says he tried to show Swindle his insurance card.

“So then he said to the effect, look you can pay this find of 250 dollars, the speeding ticket, or you can pay this 10 dollar proof of insurance,” said McBurney.

McBurney complained and Swindle was fired. Now Swindle’s challenging his termination. He says there’s an unspoken rule at FHP to let lawmakers off easy, and he was just trying to cut McBurney a break. I asked FHP about the allegation.

Reporter: Do state lawmakers get special treatment on the roadways?
Lt. Col. Ernie Duarte: Absolutely not.

I also asked state lawmakers if their specialty plates every got them out of a ticket.

Reporter: Have you ever been treated specialty for having that plate?
State Senator Oscar Braynon: No I have not. I’ve actually received tickets with those plates.

I called and emailed Swindle’s attorney, but my request for an oncamera interview went unanswered. On the day McBurney was ticketed another state lawmaker was also pulled over by Swindle. According to the inspector general’s report Swindle also told Representative Mike Clelland, he was doing 87 in a 70 and wrote him a ticket for no proof of insurance.