Texas woman given traffic ticket says unborn child counts as second passenger

An HOV lane in Los Angeles. Bottone said: ‘I know this may fall on deaf ears, but as a woman, this was shocking.’ Photograph: Paul Buck/EPA

A pregnant woman in Texas told police that her unborn child counted as an additional passenger after being cited for driving alone in a high-occupancy vehicle (HOV) lane, offering up a potentially clever defense for motorists navigating the legal landscape following the supreme court’s striking down of nationwide abortion rights last month.

Brandy Bottone of Plano, Texas, tried to fight a ticket for driving with only one passenger in an HOV lane – which requires at least two people in the car – by arguing that her unborn baby should count as her second passenger.