Pregnant woman cited for HOV violation says fetus should count as passenger in Texas

PLANO, Texas (KXAN) -- A pregnant woman who was pulled over for driving in the HOV lane told KXAN's NBC sister station in Dallas-Fort Worth, KXAS, that she is fighting the citation because she believes her unborn fetus should count as a passenger.

"I said, 'Well, not trying to throw a political mix here, but with everything going on, this counts as a baby,’” Brandy Bottone told the Dallas station, referring to the recent Supreme Court decision to overturn Roe V. Wade.

Bottone was driving down Central Expressway when she was pulled over for an HOV violation, she told the local station. Texas penal code recognizes an unborn child as a person, but Texas' transpiration code does not, it pointed out.

"I really don't think it's right because one law is saying it one way but another law is saying it another way,” she said.

The Plano woman's court date is roughly the same date as her due date, July 20.

Bottone first told her story to the Dallas Morning News.