Judge: Fetuses Don't Count in HOV Lanes

[KnaveRupe]

Fetuses do not count as passengers when it comes to determining who may drive in the carpool lane, a judge ruled.

Candace Dickinson was fined $367 for improper use of a carpool lane, but contended the fetus inside her womb allowed her 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.


http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/01/11/national/a113955S62.DTL

[northzax]

well, she gets points for trying, at least.

unless, of course, the whole thing was a setup to make a point about fetuses (Feti?) as full persons.

[davidinalameda]

1. I'm speechless

I don't know whether to laugh or pound my head against my desk

[Coexist]

33. is this now a legal ruling that says that a fetus is not a person

with inalienable (is that the correct word??) rights?

Just curious.

[serryjw]

42. That's what I want to know!

This judge just took away 'viability' at any age development....I wonder IF she KNEW what she was doing....did he?

[rocktivity]

37. In other words, Dwickham,

You don't know whether to :rofl: or :banghead:.

:headbang:
rocknation

[Book Lover]

2. "Common sense"?

I seems to remember that ... from a long time ago.

[Eurobabe]

3. Heck yeah they do, in Bu$hler's Amurika!

-insert sarcasm here-

[sui generis]

4. well if Southwest airlines can charge for overweight people . . .

actually, I would also add that "common sense" means that every passenger in the HOV lane must also optionally be able to drive, and prove it by displaying their driver's license.

If the purpose is to reduce drivers, then you have to show that you have taken actual drivers off the road.

How bout them apples judgie-poo.

[tsuki]

12. Carpooling children to school should count. I used to carpool

with 5 children. If we had not carpooled, three other cars would have been on the road.

[sui generis]

13. fair enough -

You got me. how can I possibly keep making sensational bombastic comments when people like you make so much sense?

:hi: :P

[Lisa]

25. seems reasonable to me, too

Since they are the dependents of drivers who would be obliged to take them in separate cars otherwise, because the parents are legally liable if the kids aren't in school. And even the public transit system makes accommodations for this kind of thing (special student rates).

Plus the fact that it has educational value. If children grow up thinking that car pools are normal and acceptable, they will likely adopt the same behaviour.

[shawn703]

39. It counts in Virginia

I used to take my two kids with me in the HOV-3 lanes (their school was on the way to work) - troopers would look harder in the car, but always let me pass without a ticket.

[Solly Mack]

5. so a fetus isn't an individual

and one definition of "individual" is "a person: a human being"

Just saying...

[slackmaster]

6. California law distinguishes "fetus" from "human being"

And the unlawful killing of either falls under our "Murder" statute.

[Solly Mack]

11. the law says a lot of things

not all of it prudent or worth following

but I wasn't addressing the law so much as a mentality :)

[anotherdrew]

21. But you can't abort an individual, you CAN abort a fetus

and it's not killing a person when you do so either.

[Solly Mack]

27. Yes, I know

any ruling stating a fetus isn't a "person" is a good ruling and one to build on for future cases when the need arises

[Loonman]

31. So tell all your pregnant friends to pay double for everything they buy

Problem solved.

[Solly Mack]

41. Huh? What exactly does your comment have to do with anything I said?

How does pointing out that a fetus isn't a person translate into pregnant women paying double for purchases?

I would dearly love to see a detailed point by point of the reasoning used to jump from what I said to get to what you said

The assumption - the ignorant assumption at that - that I am somehow making a "pro-life" statement is laughable ...considering my well known stance on being fully supportive of abortion.

Perhaps the implications of a judge ruling a fetus not an individual is lost on some....if it's not an individual, then it's not a person....if it's not a person, then a fetus has no rights....if it has no rights....then maybe, just maybe...people can take their noses and stick them up their asses instead of a woman's womb.


Perhaps I should consider my audience and be more detailed next time with my sardonic comments

Cheers :)

[BR_Parkway]

7. I can see the fundraising letters already hitting the mailboxes - activist

judges refuse to recognize fetus, therefore them evil commie libruls are are winning, next they want to force your daughters to breed in health education classes and have abortions to prove that ID isn't a valid theory. Whip out your checkbook today!

[rurallib]

8. Might have won if she let the fetus drive once in a while.

[Critters2]

14. !!

:spray:

[Thor_MN]

24. Are you sure she didn't? While on the cell phone?

I'm sure that I have seen a few fetuses (feti?) driving (and in interest of equality, more than a few dicks...)

[slackmaster]

9. Judge got it EXACTLY RIGHT!

"The law is meant to fill empty space in a vehicle"

Considering the intent of the law. What a concept!

[Turbineguy]

16. Dis guy

sounds like one o' dem actovist judges to me!

[Dead_Parrot]

10. LOL

Worth a try, I guess... :)

[uppityperson]

15. Good, no points for trying

This is ridiculous and I'm very glad the judge ruled the right way. 2 issues here, what is a HOV lane for, and fetal rights.

[central scrutinizer]

17. Oh boy, something to replace the "War on Christmas"

we must focus on how out of touch the liberal activist judges are with Real Murkan Values. At all costs, we must not allow any discussions that might harm our God-King.

[apollo56]

In WA state same thing several years ago

Someone in the State of WA tried the same thing but she went down in flames. She even appealed the ruling but lost and this excuse makes no sense. You have to have a person with you in a seat. People will try anything. Just look at Bush!

[apollo56]

18. In WA state same thing several years ago

Someone in the State of WA tried the same thing but she went down in flames. She even appealed the ruling but lost and this excuse makes no sense. You have to have a person with you in a seat. People will try anything. Just look at Bush!

[Initech]

19. Damned activist judges!

[TheFarseer]

20. nevermind

[Demeter]

22. Of Course, If She'd Been In Labor

the point would have been moot!

(You may slap me, or throw tomatoes: I'm having a bad day anyway)

[Zhade]

23. Good ruling.

NT!

[leesa]

26. Good. So a fetus is not a child...that settles it.

[CarpeDiebold]

28. in that case, the fetus isn't wearing a seatbelt so it's a ticket anyway..

[CTyankee]

29. we used to joke about this in my carpool

When I lived in No. VA and worked in D.C. I carpooled with 2 others, one of whom was pregnant. If one carpooler didn't go in with us, we couldn't get in the HOV3 lane, so we thought it would be cute to "count" the pregnant woman's fetus. But we decided against it because it was, well, stupid.

[Loonman]

30. Fine her for being stupid

I mean, c'mon.....

[DemBones DemBones]

32. If she'd let the fetus drive sometimes, it would have worked, except that

the fetus would have been ticketed for driving without a license, being far too young to obtain a license.

Wherever you live, there are a lot of people like this woman and Der Gropenator -- they think the rules don't apply to them.

[Orrex]

34. What about wrongful imprisonoment of a fetus?

Suppose the woman had, due to unbridled contempt of court, been sentenced to 90 days in the pokey. Could someone sue on behalf of the equally imprisoned fetus, on the grounds that a fetus is a full human being with equal access to rights and protection under the law?

Where's the writ of habeus fetus?!?

[Sabriel]

35. She should also pay double at buffets and theaters

It's only right....

[rocktivity]

36. They'll stop of nothing to overturn Roe Vs. Wade, will they?

:rofl:
rocknation

[jsamuel]

38. definition of an individual is someone who occupies a "separate and distin

definition in which an individual is someone who occupies a "separate and distinct" space


interesting arguement... could be used in abortion cases...

[nofoil]

40. So funny

Thanks for the good laugh!