Unborn aren't eligible as Passengers in HOV lanes

[johnnymk]

Sarah Muench
The Arizona Republic


An Ahwatukee Foothills woman failed in court Tuesday to prove that her unborn child counted as a passenger when she was ticketed for driving in a carpool lane while pregnant.

Candace Dickinson, 23, who gave birth to her son, Cole, on Nov. 23, walked into the courtroom with a folder of research and exhibits to show the court, including pictures of her son, as proof of her pregnancy.

Representing herself, she appealed the ticket she was issued on Nov. 8 while driving on Interstate 10 in the HOV lane, citing that in several criminal statutes an unborn child is included in the definition of a person. advertisement

She presented an Arizona statute that considers an unborn child as a victim during a violent crime.

"Under all law, a person should include an unborn child," Dickinson said. "Why should it be any different under the traffic code?"

But Judge Dennis Freeman said that in this civil case, a person is defined as someone who occupies a distinct seat in a vehicle.

Dickinson said she expected to lose.

"I expected what happened, but my definition of a person is different from everyone else's," she said.

She was fined $360.

[DarkFury]

Heh... guess the "Baby on board" defense didn't work for her. :heh:

[Grimm]

How can it be a civil case if a person is accused of breaking a law?

[DarkFury]

She took it to court and it wasn't a "violent crime"... hence it is a civil case right?

Only 2 types of cases... civil and criminal in the court system (at least that is how it is here...) All traffic cases, other than intentional vehicular manslaughter end up as civil don't they? :shrug:

[bachviet]

Even if she won this case, she would be charged with child endangerment for not wearing a separate seatbelt for the "unborn child". She is in the lose-lose situation. If there are two pple, there has to be two seatbelts.

[DarkFury]

Even if she won this case, she would be charged with child endangerment for not wearing a separate seatbelt for the "unborn child". She is in the lose-lose situation. If there are two pple, there has to be two seatbelts.
Heh... I'd like to see how you'd get a seatbelt on a fetus. :heh:

[InfiniteNothing]

How can it be a civil case if a person is accused of breaking a law?
It's pretty common. If they are not challenging her liberty (putting her in jail) then civil trial is always an option if they don't want her to be able to plead the 5th.

[KIISQueen]

PHOENIX, Arizona (AP) -- Fetuses do not count as passengers when it comes to determining who may drive in the carpool lane, a judge has ruled.

Candace Dickinson was fined $367 for improper use of a carpool lane, but contended her unborn child qualified to use the lane. Motorists who use the lanes normally must carry at least one passenger during weekday rush hours.

Municipal Judge Dennis Freeman rejected Dickinson's argument Tuesday, applying a "common sense" definition in which an individual is someone who occupies a "separate and distinct" space in a vehicle.

"The law is meant to fill empty space in a vehicle," the judge said.

Sgt. Dave Norton stopped Dickinson's car November 8. When asked how many people were in the car, Dickinson said two, pointing to "her obvious pregnancy," the officer said.

Norton said Dickinson's theory "would require officers to carry guns, radios and pregnancy testers, and I don't think we want to go there."

[Agent Plissken]

I love the fact that I cant drive in the WIDE OPEN LANE that my tax money paid for... It makes me happy! I wonder if there is any case against this fascism according to the constitution?
Can you immagine a public hospital denying service to people who dont car pool?
Or fire fighters not extinguishing fires on houses of people who dont recycle?
[/drunken rambling]

[gpsgurl]

Actually, a traffic violation is in the "criminal" category. It is an "infraction" which is less than a misdemenor (sp?). Infractions are where a citation is issued but the violator is released. They consolidate the these infractions and misdemenors in traffic court much the way they seprate some things into family court.

-Jen

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[InfiniteNothing]

:hmm:


I love the fact that I cant drive in the WIDE OPEN LANE that my tax money paid for... It makes me happy! I wonder if there is any case against this fascism according to the constitution?
Can you immagine a public hospital denying service to people who dont car pool?
Or fire fighters not extinguishing fires on houses of people who dont recycle?
[/drunken rambling]

Paying for them does not entitle you to their use. You must also follow the rules. Get rowdy in a public hospital, you get thrown out.