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

If I was the judge assigned to this case.....

https://www.msn.com/en-us/news/us/texas-woman-given-traffic-ticket-says-unborn-child-counts-as-second-passenger/ar-AAZoz6Q?ocid=msedgntp&cvid=d01682812f7a4c5a907458ba6afe1f55

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Viper · M
Hypothetically let's just say she's correct...

Then she's committing an even bigger violation of Texas Law!
TEXAS LAW SUMMARIZED

All children under 17 years old must be secured in a safety belt or child safety seat, whether they are sitting in the front seat or back seat. Children under 5 years old and less than 36 inches tall must ride in a child safety seat.
Texas law states that all passengers in a vehicle must be secured by a seat belt. Texas law enforcement officials will ticket anyone who isn't wearing a seat belt, including adult passengers in the back seat and drivers with children improperly secured.
Children safety violations are a much more serious offense than HOV occupancy offenses...

She's trying to get out of a minor ticket, by claiming she's committing a major child safety offense... not a very smart payoff.
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Viper · M
@SW-User so are you an alt account?

I think pregnant people could comply with the seatbelt requirements, but I doubt she was in this case, as I doubt she has fully thought her argument through.

That's a good question for her... though she wasn't doing any of those things.
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Viper · M
@SW-User You comply with a seat belt law, by having and using a seat belt.

Though, I think you're either missing the overall point, or purposely avoiding it.

She's the one trying to open their rabbit hole, not me. I'm just noting that if she does open it, that she'll actually make the case against there worse, instead of better.
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Viper · M
@SW-User It's politics, with an account that seems to have absolutely no history, in the middle of the night.

No there is no specific provisions for unborn persons as they don't normally count as passengers when making the rules.


But she is attempting to claim that the unborn person is a passenger. While there is no specific provisions for unborn child, there are many provisions for a passenger. Especially a passenger under the age of 5 years old.
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Viper · M
@SW-User I quickly edited the phasing of that statement, but nope, they don't count as passengers and hence why she got the ticket.
@Viper If she’s wearing a seatbelt, so is the child.
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Viper · M
@bijouxbroussard I believe a lot of states have said it's illegal to double buckle (use one seatbelt for more than one passenger), so if they are two passengers, they might need two seatbelts. Though a quick Google search didn't show anything specific for Texas, but that doesn't mean there isn't one.

But even still, the Texas laws do state that one under 5 years old and less than 36 inches tall must ride in a child safety seat. Which I'm guessing neither did.

I'm just stating that if she gets her way and avoids that HOV ticket, then she's opening the Pandora's box for a whole bunch of other worse passengers tickets.

@SW-User honestly that depends on the state and circumstances. Assuming Texas, it still depends on the circumstances...

If someone else is clearly at fault, then it's very possible... but otherwise, probably not.