A pregnant Texas woman who was arrested for using a carpool lane tried to get out of her ticket by arguing that her unborn baby is a passenger, due to the cancellation of the carpool Roe v. Wade.
Brandy Bottone was pulled over while driving in a two-person-per-car lane on a Dallas highway.
< p>When the agent asked her if she was alone, the young woman did not hesitate to answer “no, there are two of us”, showing her belly and saying that her “little girl is right there”.
The police officer, however, argued that they must have been two people outside the body, reported the “Dallas Morning News”.
If the State Penal Code recognizes the fetus as a person, however, the Texas Transportation Code does not.
“I was kind of brushed off by an officer when I mentioned it was a living child, consistent with everything going on with the Roe v. Wade. I told her: 'I don't know why you don't see it'”, she explained to the daily newspaper.
The future mother was fined $215, a ticket she wishes to contest in court in a few days.
“My blood is boiling. How can that be right? According to the new law, it's a life,” she said. 'I know this may fall on deaf ears, but as a woman it was shocking.
Lawyer says Ms Bottone's case could bring state in in “uncharted territory.”
“I find his argument creative, but I don't think that, based on the current iteration of the Texas Transportation Code, his argument stands a chance of lead to an appeals court,” Chad Ruback told the Washington Post. “That being said, it is entirely possible that she will find a trial judge who would reward her for her creativity.”
“This is a very unique situation in American jurisprudence,” said he clarified.
Katrine Johns has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining The Gal Post, Katrine Johns worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my firstname.lastname@example.org 1-800-268-7128