Pregnant woman won’t get $215 ticket dismissed for driving in HOV lane after claiming her UNBORN CHILD is a passenger, Texas considers them a person after Roe v. Wade

  • A Texas woman who was ticketed for driving solo in the HOV lane says she plans to fight the $215 ticket, arguing that her unborn child should be considered a person
  • Brandy Boughton was pulled over at a sheriff’s checkpoint for a traffic violation
  • When the officer asked how many were in the car, she said there were two of us.
  • Boughton was 34 weeks pregnant at the time, but the officer said that didn’t count
  • She intends to defend her ticket in court on July 20

A pregnant woman who was issued a ticket for driving in the car lane on the street Texas Highway argues that her unborn child should be considered a person and allowed to use a lane normally reserved for multiple passengers.

Brandi Botton of Plano, Texas, is 34 weeks pregnant and was racing to pick up her son from school when she was stopped by police.

When the officer asked why she was using the busy lane, she decided to use the overturning of Roe v. Wade and the state’s abortion ban to her advantage. But she was told that pregnancy does not count.

Brandy Boughton from Texas was fined for driving alone in the car lane. She says she plans to fight the $215 ticket, arguing that her unborn child should be considered a person

Botton was pulled over because she appeared to be driving alone - she claims there were two people in the car...her and her unborn child

Botton was pulled over because she appeared to be driving alone – she claims there were two people in the car…her and her unborn child

“I was driving for my son. I knew I couldn’t be a minute late, so I pulled into the HOV lane. When I exited the HOV, there was a checkpoint at the end of the exit. I hit the brakes and the police stopped me. The officer looked in and asked, ‘Is there anyone else in the car?'” Boughton said. Dallas Morning News.

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

But the officer wasn’t having it.

“He said, ‘Oh, no.’ It must be two people out of body.’

“One officer kind of brushed me off when I mentioned that this is a live baby, according to everything that’s been going on since Roe v. Wade was overturned. “So I don’t know why you can’t see it,” I said.

“He said, ‘I don’t want to deal with it.’ Botton explained. “He said, ‘Ma’am, that means two people out of body.’ He waved me over to the next cop who gave me a citation and said, “If you fight it, it’s likely to get overturned.”

HOV rules specifically require two passengers to ride in a vehicle together to use the dedicated lane.  Police say there must be other people

HOV rules specifically require two passengers to ride in a vehicle together to use the dedicated lane. Police say other people must be ‘out of body’

“But they still gave the ticket. So my $215 ticket was written to cause an inconvenience? This makes my blood boil. How can that be fair? According to the new law, this is life!”

HOV rules specifically require two passengers to ride in a vehicle together to use the dedicated lane.

Vehicles that don’t seem to have two people together stop at random.

The sheriff’s department declined to take part in the argument, but Bottone’s position is clear: “If a fetus is considered life before birth, why isn’t it considered a passenger?”

She intends to fight the ticket during a trial on July 20 - around the same time as her due date.  Brandi and husband Austin Button are pictured above

She intends to fight the ticket during a trial on July 20 – around the same time as her due date. Brandi and husband Austin Button are pictured above

The problem arises because while the Texas Penal Code recognizes an unborn child as a person, the Texas Transportation Code does not.

In addition, since the unborn child in the mother’s womb does not take up additional space, the vehicle will also not meet the criteria required to drive in the passenger car lane.

Bottone says he intends to fight the ticket when he appears in court later this month.

Abortions are virtually impossible to obtain in Texas after the Supreme Court overturned Roe v. Wade last month.

Texas law means abortions are illegal after six weeks of pregnancy.

There are no exceptions for cases of rape or incest, although there is one for women at risk of “substantial impairment of essential bodily functions.”

Button was 34 weeks pregnant when she was pulled over, but the officer said that didn't mean she was eligible for the HOV lane

Button was 34 weeks pregnant when she was pulled over, but the officer said that didn’t mean she was eligible for the HOV lane

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