A pregnant Texas woman who was arrested for using a carpool lane tried to get out of her ticket by arguing that her unborn baby is a passenger, due to the overturning of Roe v. Wade.

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It was while driving in a lane reserved for two occupants per car, on a road in Dallas, that Brandy Bottone was arrested.

When the agent asked her if she was alone, the young woman did not hesitate to answer "no, we are two", showing her belly and saying that her "little girl is right there".

The police officer, however, argued that they must have been two people outside the body, reported the “Dallas Morning News”.

While the state Penal Code recognizes the fetus as a person, the Texas Transportation Code does not.

“I was kind of brushed off by an officer when I mentioned it was a living child, consistent with everything going on with the Roe v. Wade. I told him: 'I don't know why you don't see it'”, she explained to the daily.

The mother-to-be was fined $215, which she wants to challenge in court in a few days.

“My blood is boiling. How can this be right? According to the new law, it's a life,” she said. "I know this may fall on deaf ears, but as a woman it was shocking."

According to a lawyer, Ms Bottone's case could take the state into "uncharted territory".

"I find his argument creative, but I don't think, based on the current iteration of the Texas Transportation Code, his argument has any chance of succeeding in an appellate court," Chad Ruback told the "Washington Post". "That being said, it's entirely possible she'll find a trial judge who would reward her for her creativity."

"It's a very unique situation in American jurisprudence," he said.