PHOENIX, Arizona – Fetuses do not count as passengers when it comes to determining who may drive in the carpool lane, a judge has ruled.

Candace Dickinson was fined $367 for improper use of a carpool lane, but contended her unborn child qualified to use the lane. Motorists who use the lanes normally must carry at least one passenger during weekday rush hours.

Municipal Judge Dennis Freeman rejected Dickinson’s argument Tuesday, applying a “common sense” definition in which an individual is someone who occupies a “separate and distinct” space in a vehicle.