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'I'm pregnant' doesn't work in HOV lane, judge says
CBS News ^ | Wed, 11 Jan 2006

Posted on 01/15/2006 10:45:48 AM PST by presidio9

A fetus doesn't count as a passenger in the carpool lane, an Arizona judge has ruled.

The Phoenix Municipal Court decision doesn't affect drivers in high-occupancy-vehicle lanes around, say, Vancouver or Toronto, but it addresses a thorny question that may have occurred to some.

Candace Dickinson, 23, of Ahwatukee Foothills, Ariz., got a ticket for driving alone in an HOV lane on Interstate 10 on Nov. 8. She fought it in court on grounds that she was pregnant at the time, the Arizona Republic reported.

Judge Dennis Freeman rejected her argument on Tuesday. For HOV purposes, a person is someone who occupies a separate and distinct space in a vehicle, he said.

The officer who stopped Dickinson, Sgt. Dave Norton, said she told him there were two people in the car and pointed to "her obvious pregnancy," the Associated Press reported.

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

An Arizona Department of Public Safety official said a vehicle can't be in an HOV lane at rush hour unless two or more people are in it.

"If a [pregnant] mother goes to a movie theatre, she's not going to pay for her child."

Dickinson, who has since given birth to a boy, faces $390 US in fines.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; US: New York
KEYWORDS: chucky; colbyshelbra; dontcallmeshirley; flyingpizza; hov; hovercraft; hovlanes; jackowithwebster; lcac; outhouse; ponchandjohn; safetman; skyballet; stupidlaws; thanksmeanjoe
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1 posted on 01/15/2006 10:45:49 AM PST by presidio9
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To: presidio9

good


2 posted on 01/15/2006 10:46:23 AM PST by Clara Lou (A conservative is a liberal who has been mugged by reality. --I. Kristol)
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To: presidio9

Someone tried this a few years ago in regard to the Virginia HOV lanes, and the judge rightly threw it out. IMHO, they should add fines for wasting the court's time.


3 posted on 01/15/2006 10:47:14 AM PST by linda_22003
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To: presidio9

Could Sybil use the hov lane?


4 posted on 01/15/2006 10:47:47 AM PST by al baby (Father of the Beeber)
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To: presidio9
Dickinson's theory, he said, "would require officers to carry guns, radios and pregnancy testers, and I don't think we want to go there."

I can completely understand the judge's reasoning here.

5 posted on 01/15/2006 10:47:47 AM PST by Paul C. Jesup
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To: presidio9

I feel sorry for this poor child. Mom is a moron!


6 posted on 01/15/2006 10:48:28 AM PST by derllak
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To: presidio9

I thought "I'm pregnant" was a legitimate excuse for ANYTHING a woman does.


7 posted on 01/15/2006 10:48:50 AM PST by Tall_Texan (TEXAS LONGHORNS - 2005 NATIONAL CHAMPIONS!!!!)
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To: presidio9

I love the people with the blow up dolls and maniquins in their cars!


8 posted on 01/15/2006 10:49:41 AM PST by southernerwithanattitude (new and improved redneck)
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To: Clara Lou

Except for the fact that the Phoenix judge just effectively ruled that the unborn are not people .


9 posted on 01/15/2006 10:49:53 AM PST by presidio9 (Si hoc legere scis nimium eruditionis habes.)
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To: presidio9; All
For some odd reason, this reminds me of the Donkers saga.
10 posted on 01/15/2006 10:50:32 AM PST by dighton
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To: presidio9
An Arizona Department of Public Safety official said a vehicle can't be in an HOV lane at rush hour unless two or more people are in it.

Personally, I believe HOV lanes should only be available to vehicles transporting two or more people who have drivers licenses.

11 posted on 01/15/2006 10:51:48 AM PST by Psycho_Bunny (Base. All Yours = Mine.)
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To: southernerwithanattitude

My husband and I were in a Northern Virginia HOV-2 lane one day, and a police cruiser pulled in, lights flashing, behind a car near us which appeared to have a lone woman in it. We could see the woman saying something, and a little hand came up from the back seat waving a teddy bear. The cop turned his lights off and pulled away, and my husband and I laughed for the rest of the trip into town. :-D


12 posted on 01/15/2006 10:52:00 AM PST by linda_22003
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To: presidio9
Except for the fact that the Phoenix judge just effectively ruled that the unborn are not people .
Does a child in a carseat count towards multiple occupancy for HOV lane use?
13 posted on 01/15/2006 10:53:37 AM PST by Clara Lou (A conservative is a liberal who has been mugged by reality. --I. Kristol)
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To: Psycho_Bunny
I believe HOV lanes should only be available to vehicles transporting two or more people who have drivers licenses.

My thoughts, too. The purpose of the HOV lane is to take vehicles off the road.

14 posted on 01/15/2006 10:53:55 AM PST by Flyer (Does anyone ever PULL the envelope?)
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To: southernerwithanattitude

Last time I got pulled over, Ponch & John told my passenger to put some clothes on.

15 posted on 01/15/2006 10:53:59 AM PST by presidio9 (Si hoc legere scis nimium eruditionis habes.)
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To: Clara Lou

definitely


16 posted on 01/15/2006 10:54:20 AM PST by presidio9 (Si hoc legere scis nimium eruditionis habes.)
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To: presidio9
No, I really don't think he did:

"For HOV purposes, a person is someone who occupies a separate and distinct space in a vehicle"

17 posted on 01/15/2006 10:54:29 AM PST by Archangel86
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To: Psycho_Bunny
who have drivers licenses.
That's pretty restrictive. What about teens [or adults without licenses] who have jobs to go to?
18 posted on 01/15/2006 10:55:17 AM PST by Clara Lou (A conservative is a liberal who has been mugged by reality. --I. Kristol)
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To: linda_22003
Have to work on a little lever mounted in the back seat with a teddy attached to it hmmmm.
19 posted on 01/15/2006 10:57:17 AM PST by bikerman (only one more repo and I will be debt free)
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To: presidio9
Hair-splitting.

The real problem is that there are such things as HOV lanes.

Just another social-engineering tool.

20 posted on 01/15/2006 10:57:35 AM PST by elkfersupper
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