Attempted test case fails. Jesus sees what you did there.
Unborn aren’t carpool eligible
The Arizona Republic
Jan. 10, 2006 06:27 PM
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.
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.