As to her thinking on the matter, I've always thought she had a unique and pretty good argument. I thought that should her case be tried, it would help to spotlight a seemingly clear contradiction in current Texas laws and it would be interesting just how the courts would work it out.
**********
You claimed:
"Her ticket was finally dismissed by the DA, who dismissed it after reviewing "the facts and the law" "
Every source I found only shows the that the ticket was dismissed, without any reference to a review of "the facts and the law", as you claim.
Can you provide a link to your source so that I can compare to the several sources I found?
As an example of what I found: Here is a source where the pregnant woman herself is quoted say “Nobody is answering whether it’s right or wrong, they (just) dismissed it..."
http://www.theguardian.com/us-news/2022/sep/01/pregnant-texas-mother-ticketed-carpool-hov-lane-roe-wade-protest
Obviously, the DA dismissed the ticket for the very issues that a trial with her stated defense would create that would have to be addressed by the courts. It wasn't dismissed because due to any "reviewing of the fact and the law". It is the very question of the law(s) covering the situation not being clear one way or the other that state officials would like to avoid. I think her second ticket will, more than likely, also be dismissed, just as the first one was without any explanation.
Until either the legislature addresses the issue with amendments to current law(s) or the courts rule on them specifically, the legal question will remain unanswered, legally and practically speaking. |
