MESA, Ariz. (AP) - Unborn children don't count when it comes to carpool lanes, according to a judge's ruling. Even after being fined $367 for improper use of a High Occupancy Vehicle lane, Ahwatukee Foothills resident Candace Dickinson stood by her contention that Arizona traffic laws don't define what a person is, so the child inside her womb justified her use of the lane.
"To follow her philosophy would require officers to carry guns, radios and pregnancy testers, and I don't think we want to go there," said Sgt. Dave Norton, the Phoenix police officer who cited Dickinson on Nov. 8.
Sole occupant vehicles aren't allowed to use the carpool lanes during morning and evening rush hours Monday through Friday.
The idea is to lessen traffic congestion, Norton said, citing federal guidelines for creating the lanes.
Norton said when he stopped Dickinson's car on Interstate 10, only one person was visible in the car.
When he asked Dickinson how many people were in the car, "she said two as she pointed to her obvious pregnancy," Norton said.
The case set off a firestorm of opinion but Phoenix Municipal Court Judge Dennis Freeman used a "common sense" definition in which an individual occupies a "separate and distinct" space in a vehicle.
"The law is meant to fill empty space in a vehicle," Freeman said.
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Information from: East Valley Tribune/Scottsdale Tribune, http://www.aztrib.com
