A pregnant woman in northern Texas is planning to fight a citation for driving alone in the high-occupancy vehicle (HOV) lane. The rule only permits vehicles with two occupants or more to use the lane.
\u201cThe pregnant Texas woman pulled over for driving in an HOV lane has now lawyered up\nhttps://t.co/tY20CpiVIL\u201d— Brandon Friedman (@Brandon Friedman) 1657546924
Brandy Bettone from the city of Plano–which is located near Dallas–was ticketed after driving along U.S. Highway 75 and passing through a Sheriff's checkpoint targeting drivers in violation of using the HOV lane.
Since the U.S. Supreme Court's controversial decision to overturn Roe v Wade last month, Bettone–who is 34 weeks pregnant–argued against her traffic violation, saying that her unborn child should count as a second body.
\u201c@DomDiFurio Oh how the tables have turned. Good for her!\u201d— Dom DiFurio (@Dom DiFurio) 1657329655
\u201c@DomDiFurio I can\u2019t argue with the lady on that one. At 34 weeks if a drunk driver crashed into her and she lost the baby he or she could be charged with murder, in every state, prior to ROE being overturned. I think she has legal standing.\u201d— Dom DiFurio (@Dom DiFurio) 1657329655
Bettone told Dallas Morning News' Dave Lieber:
"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."
When officers asked Bettone if there were other passengers in the vehicle with her, she told them her unborn daughter was inside the vehicle.
"I pointed to my stomach and said, 'My baby girl is right here. She is a person,'" said Bettone.
\u201c@davenewworld_2 Give Brandy Bottone her \ud83d\udc90 \ud83d\udc90\ud83d\udc90 for calling them out! I hope she has a safe & healthy birth.\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
The unconvinced officers told her "Oh, no. It's got to be two people outside of the body.'"
\u201c@DeanJones_Wpg @davenewworld_2 Nah the law is two persons in the vehicle it says nothing about age or the like, therefore if a state is against abortion, they believe the unborn fetus is a person and therefore there are two persons im her car\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
Bettone said she spoke to multiple officers who had mixed responses during the encounter.
"One 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."
Bettone continued:
"He was like, 'I don't want to deal with this....Ma'am, it means two persons outside of the body."
\u201c@davenewworld_2 @Small_begining Their argument is life begins at conception. Using their logic a cluster of cells is a person no citation should\u2019ve been issued.\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
The officer who issued her the $215 citation suggested she could challenge the citation in court where it would "most likely get dropped."
You can watch a news report of her story, here.
Pregnant woman cited for HOV violation says fetus should count as passenger in Texasyoutu.be
Following the SCOTUS decision to reverse Roe v Wade as part of the ruling on Dobbs v. Jackson Women’s Health Organization, Dallas Appellate Lawyer Chad Ruback told KXAN there was no clear answer. "This is unchartered territory we're in now," he said.
\u201c@davenewworld_2 So they say a fetus is alive, meaning it can breathe on it\u2019s own, so then why does it need to be inside the person for 9 months? Should be removed, and let it live it\u2019s life\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
Ruback added, "There is no Texas statute that says what to do in the situation. Texas transportation code has not been amended recently to address this particular situation."
\u201c@DomDiFurio So if you can get a driver's license at 16 does that mean in reality that is now 15 years and 3 months? And are you 1 year old when you're 3 months out of the womb? I'm so confused now. And I guess the kid's age would change depending on what state you're in at the moment.\u201d— Dom DiFurio (@Dom DiFurio) 1657329655
\u201c@davenewworld_2 @iamgabesanchez There\u2019s a reason why SS numbers are issued to babies and not fetuses.\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
Abortions are now illegal in the state of Texas after the conservative court majority left it up to the individual states to determine the legality of access to reproductive care.
Prior to the decision, Texas Senate Bill 8 (SB8)–also known as the "Heartbeat Bill"–banned abortion after six weeks, the point at which a heartbeat can be detected in an "unborn human individual."
Amy O’Donnell, a spokeswoman for Texas Alliance for Life–an anti-abortion group–said of Bettone's unusual situation:
“While the penal code in Texas recognizes an unborn child as a person in our state, the Texas Transportation Code does not specify the same."
"And a child residing in a mother’s womb is not taking up an extra seat. And with only one occupant taking up a seat, the car did not meet the criteria needed to drive in that lane.”
Bettone held firm in her stance to defend her position.
“This has my blood boiling. How could this be fair? According to the new law, this is a life," she told the Dallas Morning News.
“I know this may fall on deaf ears, but as a woman, this was shocking.”
She told KXAN:
"I really don't feel it's right because one law is saying it one way, but then another law is saying it another way."
\u201c@davenewworld_2 She is brilliant! Only 2 possible outcomes:\n1) a court has to say the fetus is not a person with rights\nOR\n2) a court says it is and pregnant women can jam the HOV lanes\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
\u201c@shawna_burley @davenewworld_2 Unless the law is ambiguous, the purpose behind the law is irrelevant. Statute is plain on its face. 2 people in the car. The fact the fetus couldn't be in a separate car is the whole reason that anti-choice laws are repugnant. Because a fetus isn't a person but now in TX it is.\u201d— Fifty Shades of Whey (@Fifty Shades of Whey) 1657352538
\u201c@DomDiFurio She is right, they can't have it both ways. I think laws should be drafted that would be forcing state bureaucracies to register every "child in womb" with date of conception, name, social security number. "Conception certificates" instead of "birth certificates."\u201d— Dom DiFurio (@Dom DiFurio) 1657329655
Bettone's court date is set for July 20, around the same time she is due.
