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A pregnant mother in Plano, Texas, is trying to compete with the HOV line she received for driving because her unborn child has to be considered a second passenger.
On June 29, officers pulled Brandy Botton, who was 34 weeks pregnant at the time, on suspicion of being the only person in a HOV lane, Dallas FOX 4 reported.
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Highway at Fort Stockholm, Texas, USA, Friday, April 29, 2022. Photographer Fried Jordan Vondherhar / Bloomberg by Getty Images
(Photo by Jordan Vonderhar / Bloomberg by Getty)
“He starts to look around. Is he just like you?” I said, ‘No, we are two?’ I told him. ” Botton told the Dallas Morning News.
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She told the authorities that she was not alone in the car and that she had the right to drive on HOV Lane.
“My daughter is here, she is human,” she said, pointing to the officer. Bottone was initially on the HOV line when she rushed to pick up her 1-year-old son.
Botton cited a recent Supreme Court ruling in the Dobs V Jackson Women’s Health Organization and said the unborn baby was a special person in the car, FOX 4 reported.
“Then I said, ‘OK, I’m not trying to throw a political mix here, but when everything happens (with Ro VW) this is considered childish,'” Boton reported in Dallas this morning.
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The unconvincing officer said the HOV lane rules required two people “out of body” and then gave Boton a $ 215 quote. If she competed, she was told she would have to cancel, according to the Dallas Morning News.
KXAS-TV reports that while the unborn child is recognized as a person under the Texas Penal Code, the state’s transportation code varies.
The legality of the traffic stop immediately puzzled lawyers.
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Dallas Appeals Attorney Chad Rubak described the case as “unrestricted state.”
“Different judges may treat this differently. This is the region we are in now,” Rubak said in the report. “There is no Texas law on what to do in this case. The Texas Transport Code has not been amended recently to address this special case. Who knows? Maybe the legislature will be in the next session.”
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Bottone plans to fight the ticket on court day, scheduled for July 20, near her birthday.
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