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Pregnant Brandy Bottone, $215 ticket for driving HOV, says FETUS should count as one person

Pregnant woman fails to get $215 ticket for driving in HOV lane after claiming her BABY NEED is a passenger now Texas considers them a person after Roe v Wade

  • Texas woman who was ticketed for driving solo in a HOV lane says she plans to fight the $215 bill saying her unborn child should count as a person
  • Brandy Bottone was stopped at a sheriff’s checkpoint for drivers breaking the rules
  • When the officer asked how many were in the car, she said there were “two” of us.
  • Bottone was 34 weeks pregnant at the time, but the officer said that didn’t count
  • She intends to fight the ticket during a court appearance on July 20

A pregnant woman who was ticketed for using the HOV lane on a Texas highway says her unborn baby should count as one person and allow her to use the normally multi-passenger lane.

Brandy Bottone of Plano, Texas, is 34 weeks pregnant and was picking up her son from school when she was arrested by police.

When asked why she was using the officer’s high occupancy vehicle lane, she decided to use the reversal of Roe v. Wade and the state abortion ban. But she was told that being pregnant didn’t matter.

Brandy Bottone of Texas was ticketed for driving solo in a HOV lane. She says she plans to fight the $215 note saying her unborn child should count as a person

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

Bottone was arrested 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 VOM lane. As I exited the VMO, there was a checkpoint at the end of the exit. I braked hard and was stopped by the police. An officer looked over and asked, “Is there anyone else in the car?”, Bottone told the Dallas Morning News.

“I pointed to my belly and said, ‘My baby girl is right here. It is a person.”

But the officer had none of that.

‘ He said, ‘Oh, no. There must be two people outside the body.”

“An officer kind of brushed me off when I mentioned it was a living child, after all that’s going on with the overthrow of Roe v. Wade. “So I don’t know why you don’t see that,” I said.

‘He was like, ‘I don’t want to deal with this.’ Botton explained. “He said, ‘Madam, that means two people outside the body. He waved me to the next cop who gave me a quote and said, “If you fight him, he’ll most likely be dropped.”

HOV rules specifically require two passengers to travel together in the car in order to use the special lane.  Police say other people should be

HOV rules specifically require two passengers to travel together in the car in order to use the special lane. Police say other people must be ‘out of body’

“But they still gave me a ticket. So my $215 note was written to cause inconvenience? It makes my blood boil. How could that be right? According to the new law, it’s a life!

HOV rules specifically require two passengers to travel together in the car in order to use the special lane.

Vehicles that do not appear to have two people together are randomly stopped.

The sheriff’s department declined to be fired on the argument, but Bottone’s position is clear: “If a fetus is considered life before birth, then why doesn’t it count as a second passenger? ?”

She intends to fight the ticket in a court appearance on July 20 - around the same time as her due date.  Brandy and husband Austin Bottone are pictured above

She intends to fight the ticket in a court appearance on July 20 – around the same time as her due date. Brandy and husband Austin Bottone are pictured above

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

Also, since an unborn child in the mother’s womb does not take an additional seat, the vehicle would also not meet the criteria required to operate in the HOV lane.

Bottone says she intends to challenge the ticket when she 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 that 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 a major bodily function”.

Bottone was 34 weeks pregnant when she was arrested, but the officer said that did not mean she qualified for the HOV lane

Bottone was 34 weeks pregnant when she was arrested, but the officer said that did not mean she qualified for the HOV lane

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