Ticketed pregnant driver says baby is a passenger 2:54
(CNN) --
Brandy Bottone was driving in the HOV lane, exclusive to vehicles with more than two occupants, in Dallas, Texas two weeks ago, when she was pulled over by police.
The agent noted that there did not appear to be anyone else in the car, but Bottone replied that she was 34 weeks pregnant.
He said, "Is there anybody else in the car? And looking around, I said, 'Yes, there is,' and he said, 'Well, where?'
I pointed to my stomach and said, 'Right here,'" he told CNN on Sunday.
"He said, 'Well, it's two bodies out of the body, so that doesn't count.' I was in shock, and I said, 'Well, in light of everything that's happened, and I'm not trying to make a big political post here, but do you understand that this is a baby?'"
The interaction, first reported by The Dallas Morning News, came days after the US Supreme Court ruled that there is no federal right to abortion and declared that abortion rights can be determined by each state.
Texas, like other states led by conservative officials, has pushed to restrict abortion and has defined the fetus or unborn child as a "person" in its criminal code.
Nullification of the right to abortion in the US could have repercussions on in vitro fertilization treatments
That determination could have important effects on health care and fertility issues, such as in vitro fertilization and the treatment of women suffering from miscarriages or ectopic pregnancies.
Bottone's experience also anticipates future legal battles related to the personhood of a fetus, said Loni Coombs, a former Los Angeles County prosecutor.
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"If we talk about a fetus being a person, there are many other rights associated with being a person that will be the subject of litigation in court, such as, is my fetus entitled to a tax deduction? Is my fetus entitled to citizenship? Is my fetus entitled to child support? These are all questions that are going to come up and probably be litigated in court."
Unfortunately for Bottone, his reasoning did not convince officers on the scene, he said.
"He just ignored me and asked me to go see the other agent so he could give me the ticket," he said.
The other officer said similar things to him, saying, "Honestly, if you go and fight this, I'm sure it will be taken down."
"That made my blood boil, that not only was I ignored and I didn't have a conversation about it, but now I just wasted my time, and I'm going to have to waste my time on July 20 fighting a fine that I feel I don't should have received," he said.
Bottone did not comment on the decision made by the Supreme Court last month.
"That's not really why I took the stand that I took," he said.
"It just didn't make sense to me that two different laws weren't talking the right way."
The HOV lane, short for High Occupancy Vehicle, is a dedicated lane that can only be used by vehicles with multiple passengers.
The idea is to encourage people to carpool and reduce traffic and emissions.
The Dallas County Sheriff and the Texas Department of Transportation did not immediately respond to requests for comment.
-- CNN's Mel Alonso contributed to this report.
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