Texas pregnant woman ticketed for driving solo in an HOV lane says her baby count as a person after Roe v. Wade overturn

By Larry John Brown

Published: July 9, 2022 | 1:59 PM GMT

A Texas lady who received a citation for using the HOV lane while pregnant is arguing that her unborn child should be treated as a person and be allowed the right to use the lane usually designated for multiple passengers.

The police stopped Brandy Bottone, a 34-week pregnant woman from Plano, Texas, for speeding to pick up her kid from school.

When an officer questioned her why she was utilizing the high occupancy vehicle lane, she chose to take advantage of Roe v. Wade’s reversal and the state’s prohibition on abortions. However, she was informed that being pregnant was irrelevant.

Bottone was stopped because she appeared to be driving solo - she claims there were two people in the car... her and her unborn child

‘I was driving to pick up my son. I knew I couldn’t be a minute late, so I took the HOV lane. As I exited the HOV, there was a checkpoint at the end of the exit. I slammed on my brakes, and I was pulled over by police. An officer peeked in and asked, ‘Is there anybody else in the car?’, Bottone told the Dallas Morning News.

‘I pointed to my stomach and said, ‘My baby girl is right here. She is a person.”

But the officer had none of it.

‘He said, ‘Oh, no. It’s got to be two people outside of the body.’

‘One officer kind of brushed me off when I mentioned this is a living child, according to everything that’s going on with the overturning of Roe v. Wade. ‘So, I don’t know why you’re not seeing that,’ I said.

‘He was like, ‘I don’t want to deal with this.’ Bottone explained. ‘He said, ‘Ma’am, it means two persons outside of the body.’ He waved me on to the next cop who gave me a citation and said, ‘If you fight it, it will most likely get dropped.’ HOV rules specifically require two passengers to be traveling in the car together in order to use the special lane. The police say the other people need to be 'outside the body'

‘But they still gave me a ticket. So my $215 ticket was written to cause inconvenience? This has my blood boiling. How could this be fair? According to the new law, this is a life!’

In order to use the designated lane, two people must be traveling in the same vehicle, according to HOV regulations.

Random stops are made on vehicles that don’t appear to have two occupants in them.

Bottone’s viewpoint is clear: “If a fetus is considered a life before birth, then why doesn’t it qualify as a second passenger?” The sheriff’s department has declined to comment on the controversy.

The issue arises because the Texas Transportation Code does not recognize an unborn child as a person, despite the Texas Penal Code doing so.

Additionally, because an unborn kid in the womb does not occupy an additional seat, the car would not fulfill the requirements to operate in the HOV lane.

When Bottone appears in court later this month, she says she plans to contest the ticket.

Since the Supreme Court reversed Roe v. Wade last month, getting an abortion in Texas is all but impossible.

Abortions are prohibited under Texas law after six weeks of pregnancy.

There are no exceptions for cases of rape or incest, though there is one for women at risk of ‘substantial impairment of major bodily function.’

About Larry John Brown

Larry John is a talented writer and journalist based in New York, USA. He is a valued contributor to TDPel Media, where he creates engaging and informative content for readers. Larry has a keen interest in current events, business, and technology, and he enjoys exploring these topics in-depth to provide readers with a comprehensive understanding of the issues. His writing style is characterized by its clarity, precision, and attention to detail, which make his articles a pleasure to read. Larry’s passion for storytelling has earned him a reputation as a skilled writer and a respected authority in his field.