( CNN ) -- An Arizona state senator involved in an apparent freeway-shoulder scuffle with his girlfriend was not detained because he has immunity from arrest while the legislature is in session , police said . Officers in Phoenix who were called to investigate a reported altercation found that both Sen. Scott Bundgaard and his girlfriend , Aubry Ballard , had marks suggesting a physical dispute , police spokesman Sgt . Tommy Thompson said . Bundgaard , a Republican and the state senate 's majority leader , was allowed to go -- although prosecutors will review the case and could later file charges , Thompson said . Ballard was arrested on suspicion of misdemeanor assault and taken to jail . In a joint statement Sunday , Bundgaard and Ballard said they were `` tired and embarrassed '' because of the incident . `` We want to jointly apologize for allowing a private matter to interrupt the public -- and especially for taking up the valuable time of law enforcement . The police officers who responded deserve thanks for their sensitivity and compassion , '' they said . Bundgaard said the dispute began on the way home from a charity `` Dancing with the Stars '' fundraiser , after Ballard accused him of `` inappropriately touching '' his dance partner . `` She proceeded to throw my clothes and other things out of my car on a freeway as I took her home , '' Bundgaard said in a statement Saturday . The senator said he tried to stop his girlfriend from punching him , which resulted in marks on her knees . Bundgaard said he pulled Ballard out of the car , but denied ever hitting or pushing her . `` I have never inappropriately touched a woman and never would . There was no domestic violence , '' Bundgaard said . Ballard described the incident as `` the absolute worst night of my life '' in her own statement released Saturday . `` To go from putting on a beautiful dress for a great date to a fundraiser to ending up on the side of a freeway ? I do n't have another tear left to cry , '' she said . `` I 'm still trying to get my mind around a few things : Scott 's actions , the 17 hours I spent in jail awaiting processing , my bruises , scrapes and soreness and his statements to the media . '' Their statement Sunday said the couple were breaking up and appealed for privacy . Arizona 's constitution says legislators are immune from arrest `` in all cases except treason , felony , and breach of the peace '' and allows them immunity from civil process while the legislator is in session . Phoenix police said they will submit the case to the city attorney 's office for review , Thompson said . In his statement , Bundgaard said he will not hide behind his privilege . `` I waive any and all 'immunity . ' If I did something wrong , charge me , '' he said .
Arizona state senator and his girlfriend arrested for freeway scuffle . Police say state Sen. Scott Bundgaard was involved in a domestic violence incident . His girlfriend , charged with misdemeanor assault , says it was the ` ` worst day of my life '' Arizona 's legislature granted him immunity from arrest .