The soon-to-be mother, Brandy Bottone, 34, told police that in the wake of the Roe v. Wade decision, her unborn child should count as a passenger and she should be able to use the HOV lane.
Cars drive in the High Occupancy Vehicle lane , also called the diamond or commuter lane, on the 118 or Ronald Reagan Freeway on February 3, 2005 near Simi Valley, California. A pregnant woman in Texas is attempting to fight a ticket for driving alone in an HOV lane by claiming that her unborn child should count as a second occupant.By law, in order to use HOV lanes, drivers must have at least one passenger.
At the time of the incident, Bottone was 34 weeks pregnant, and when questioned by police, she argued that her baby counted as a passenger."I pointed to my stomach and said, ‘My baby girl is right here. She is a person," Bottone said. When the officer said that did not count, Bottone cited the recent repeal of Roe v. Wade to argue that she had a passenger with her.
"And then I said, 'Well not trying to throw a political mix here, but with everything going on , this counts as a baby,’" Bottone told"He was like, ‘I don’t want to deal with this.’ He said, ‘Ma’am, it means two persons outside of the body,’" Bottone added.
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