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Pregnant woman cited for HOV violation says fetus should count as passenger in Texas...

The Tradition

HR King
Apr 23, 2002
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PLANO, Texas (KXAN) — A pregnant woman who was pulled over for driving in the HOV lane told KXAN’s NBC sister station in Dallas-Fort Worth, KXAS, that she is fighting the citation because she believes her unborn fetus should count as a passenger.

“I said, ‘Well, not trying to throw a political mix here, but with everything going on, this counts as a baby,’” Brandy Bottone told the Dallas station, referring to the recent Supreme Court decision to overturn Roe V. Wade.

Bottone was driving down Central Expressway when she was pulled over for an HOV violation, she told the local station. Texas penal code recognizes an unborn child as a person, but Texas’ transportation code does not, it pointed out.

“I really don’t think it’s right because one law is saying it one way but another law is saying it another way,” she said.

The Plano woman’s court date is roughly the same date as her due date, July 20.


I don't think children younger than driving age should count either. It's supposed to be an inducement for carpooling. Not a reward for having a kid.
 
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Is she allowed into NC 17 movies until birth?
Can she be charged double at buffets if children don't eat free?
Shouldn't her child have to ride in the back seat.
Tax deduction and when does it start. What if u have multiple eggs that are valid for a few weeks?
 
I don't think children younger than driving age should count either. It's supposed to be an inducement for carpooling. Not a reward for having a kid.
Man, I agree 1 million % with this!

When I had my pickup, which had two seats, even though I was at 50% of my vehicle's capacity, I could not use the HOV lane. One person driving a suburban with a baby could - even though they're at 1/7 capacity for licensed drivers, and 2/7 capacity counting all people. It's complete BS.

Having non-drivers in the car shouldn't make you eligible for the HOV lane - only 2+ licensed drivers should.
 
Is she allowed into NC 17 movies until birth?
Can she be charged double at buffets if children don't eat free?
Shouldn't her child have to ride in the back seat.
Tax deduction and when does it start. What if u have multiple eggs that are valid for a few weeks?
Y’all do realize that all of these “points” reinforce the concept that legislatures can make rational regulatory choices as to these questions, right?
 
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i like it. a challenge to force family life insurance policies to cover unborn fetuses should be next.
 
Yes, she is. The 2 or more in the HOV lane is so that there is at least a chance that that kept a call off the road. The fetus would not be a driver.

So her logic is wrong.

This. Even if my "licensed driver" standard isn't politically viable, butts in seats should work.

This lady had two butts in one seat. That doesn't qualify.
 
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Yes, she is. The 2 or more in the HOV lane is so that there is at least a chance that that kept a call off the road. The fetus would not be a driver.

So her logic is wrong.

That may be the logic behind the law, but it’s not how the law is written. It says a specified number of passengers and that locale specifies two.

If fetus = person, she’s within her rights to be in the HOV lane under the current law.
 
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Yes, she is. The 2 or more in the HOV lane is so that there is at least a chance that that kept a call off the road. The fetus would not be a driver.

So her logic is wrong.

No, you are incorrect according to Texas law.

The Texas Department of transportation states

Who can use the HOV lane?

A vehicle occupied by two or more people or a motorcyclist may use HOV lanes.


And the benefits
How do managed lanes benefit drivers?

  • Travel options and choices
  • Greater travel time reliability
  • Safer roadways
  • More efficient use of system capacity
  • Flexible use in emergency situations
  • Improved traffic flow on both managed and general-purpose lanes

To state that this woman is incorrect then you either do not feel a fetus is a person, don't feel a fetus needs protecting or both, either way seems silly Texas residents are so riled up about abortion if they believe this woman is incorrect.
 
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