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Pregnant woman given HOV ticket argues
fetus is passenger, post-Roe

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Posted By: zoidberg, 7/10/2022 11:20:41 AM

A pregnant Texas woman who was ticketed for driving in the HOV lane suggested that Roe v. Wade being overturned by the Supreme Court means that her fetus counted as a passenger, and that she should not have been cited. Brandy Bottone was recently driving down Central Expressway in Dallas when she was stopped by a sheriff’s deputy at an HOV checkpoint to see whether there were at least two occupants per vehicle as mandated.

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Reply 1 - Posted by: DVC 7/10/2022 11:35:58 AM (No. 1211829)
Works for me.
16 people like this.

Reply 2 - Posted by: Quigley 7/10/2022 11:52:40 AM (No. 1211850)
I think it does for me too.
10 people like this.

Reply 3 - Posted by: vrb8m 7/10/2022 11:53:56 AM (No. 1211852)
She is absolutely correct.
10 people like this.

Reply 4 - Posted by: MDConservative 7/10/2022 11:57:17 AM (No. 1211855)
Interesting conundrum. Let's see how "Life begins at conception" Texas is. Were I the judge, I would find in the woman's favor. It is unlikely that the HOV lanes will now be flooded with pregnant woman drivers. The impact in that sense would be de minimus. The impact socially would be potentially enormous.
6 people like this.

Reply 5 - Posted by: Sistersuzey 7/10/2022 12:18:42 PM (No. 1211878)
She can try, although someone might then point out that it's illegal to drive with a child in your lap. Then what?
25 people like this.

Reply 6 - Posted by: padiva 7/10/2022 12:39:27 PM (No. 1211897)
Soon we will all be pregnant, men and women. Can I perceive that I am pregnant even if I am not?
6 people like this.

Reply 7 - Posted by: jj1319 7/10/2022 12:53:57 PM (No. 1211906)
They must be really hard up for money: Sheriff's deputies are "generally" not traffic cops.
3 people like this.

Reply 8 - Posted by: formerNYer 7/10/2022 12:57:37 PM (No. 1211910)
I think it depends on how the law was written, she may have a case.
5 people like this.

Reply 9 - Posted by: garyhope 7/10/2022 1:00:45 PM (No. 1211911)
One fetus,...One entitled self indulgent idiot. Increase her fine. Take her DL away.
5 people like this.

Reply 10 - Posted by: bgarrett 7/10/2022 1:16:58 PM (No. 1211936)
#9 If you murder a pregnant woman, you will be charged with 2 murders
7 people like this.

Reply 11 - Posted by: JubilationTCornpone 7/10/2022 1:30:08 PM (No. 1211944)
I have a feeling we’re going to see a resurgence in the popularity of those “Baby On Board” signs!
1 person likes this.

Reply 12 - Posted by: Jesuslover54 7/10/2022 1:41:35 PM (No. 1211956)
This is like a Reader's Digest piece from Life in these United States.
1 person likes this.

Reply 13 - Posted by: kono 7/10/2022 1:51:03 PM (No. 1211964)
Technically, she does have 2 persons wherever she goes. The complication here is that the intent for HOV lanes was to encourage drivers to carpool instead of driving separate cars. And since she and her baby simply cannot be in different cars, no reduction of road traffic can ever be achieved. But if the baby in her womb counts as another passenger for planes, trains, or hotels, it should count as another in her car.
4 people like this.

Reply 14 - Posted by: kono 7/10/2022 1:54:38 PM (No. 1211967)
(And, of course, no passengers under driving age could ever be a reduction in traffic, either, then they aren't within the original intent of the HOV lanes, either. But until underage passengers are left out of the passenger count for HOV enforcement, unborn babies should count, too...)
1 person likes this.

Reply 15 - Posted by: JHHolliday 7/10/2022 2:01:30 PM (No. 1211972)
I was in the insurance business for over 40 years and recall a claim I read about. Seems the husband died and in addition to life insurance, he had a generous disability policy. She tried to claim on that also stating that he was now "disabled". No doubt that he was truly disabled...he was dead, but the widow was unsuccessful. Good try though.
2 people like this.

Reply 16 - Posted by: DW626 7/10/2022 2:36:45 PM (No. 1212005)
This type of case was tried once already, in Washington state I believe, and the defendant lost. It’ll be interesting to see what happens here
3 people like this.

Reply 17 - Posted by: DVC 7/10/2022 2:40:29 PM (No. 1212008)
From a practical standpoint.....give her a warning and announce publicly that pregnant women do NOT count as two for the purposes of the HOV lane. Let everyone win on this one.
6 people like this.

Reply 18 - Posted by: Tennman 7/10/2022 3:10:08 PM (No. 1212034)
Interesting. Wonder if she's buy 2 tickets when going to the movies or flying? Asking for a friend.
5 people like this.

Reply 19 - Posted by: Anti_democRAT 7/10/2022 3:55:43 PM (No. 1212071)
She is right but not based on roe vs wade based on fundamental biology. 2 people in that car
2 people like this.

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