But they try. Oh, how they try.

Driver ticketed in carpool lane cites fetus as passenger

Sarah Muench and Geri Koeppel
The Arizona Republic
Dec. 14, 2005 01:55 PM

A pregnant Ahwatukee Foothills woman ticketed for driving in a carpool lane will take her case to court in January, when she'll argue that her unborn child counts as a passenger.

Candace Dickinson, 23, hopes to overturn her penalty and prove her point that even though her child was still in the womb while she was driving on Interstate 10 on Nov. 8 in Ahwatukee Foothills, it still counted as a second person.

Frank Valenzuela, spokesman for the Arizona Department of Public Safety, said a vehicle can't occupy the high-occupancy vehicle lane unless two or more persons are in it. The statute doesn't define what a "person" is.

"However, I think we could all agree that for traffic enforcement, a person is another individual, not an unborn child," he added. "I'm sure she's not claming the child as a dependent on her taxes."

Valenzuela said it's not unheard of for women to use this argument to try to use the carpool lane, but it's very rare."The dummy in the car is more common than this," he said.

Dickinson could not be reached for comment.The officer who cited her, Sgt. Dave Norton of the Phoenix Police Department, will also appear in court to argue against her.

Dickinson's court date is scheduled for 1:15 p.m. Jan. 10 in Phoenix Municipal Court downtown. She faces $390 in fines.