Trooper Gives Traffic Ticket to Woman in Labor

[TurboDan]

http://www.boston.com/news/local/massachusetts/articles/2008/12/04/in_rush_hour_labor_ticket_delivered/

All too often, the congested roads of Greater Boston conspire with the vagaries of childbirth to leave a mother-to-be in a car on the roadside at one of life's most critical moments. A hard-bitten state trooper shows up and morphs into a highway midwife, clearing the newborn's nose and mouth, cutting the cord, and sometimes even saving a life.

This is not one of those stories.

Jennifer Davis was stuck in bumper-to-bumper traffic on Nov. 18, her contractions just 3 minutes apart. Her husband, John, was trying to appear calm for his wife's sake, driving in the breakdown lane of Route 2. They pulled up behind a state trooper to ask whether they could continue using the lane to reach the next exit, near Alewife Station.

Not only did the trooper say no, he gave them a $100 citation for driving in the breakdown lane, made them wait for their citation while he finished writing someone else's ticket, and even seemed to ask for proof of pregnancy, Jennifer Davis said.

"He said, 'What's under your jacket?' I said, 'My belly,' " Davis said. "He waited and gestured with his head like, 'OK, let's see it.' He waited for me to unzip my jacket. I mean, it was so clear that I was pregnant."

The Davises say the contretemps occurred after two other troopers they encountered had waved them along in the highway breakdown lane, allowing them to evade gridlock while advising them to be cautious and keep their hazard lights on.

While State Police spokesman David Procopio declined to comment on the merits of this stop, he noted that state law prohibits driving in breakdown lanes on Route 2.

"The trooper made a judgment call to enforce the law governing the use of the breakdown lane," said Procopio. "If the couple does choose to submit a letter of complaint, we'll review it in accordance with our procedure."

The officer who gave the citation - Trooper Michael Galluccio of the Brighton barracks, according to his identification number - could not immediately be reached for comment.

Though the Davises live about 30 miles away in Dracut, Jennifer Davis, 38, wanted to have her baby at Mount Auburn, where she had also given birth to her 7-year-old son, Brendan.

"For 10 months we had been saying, 'As long as I don't go into labor during rush hour' - which we did," said Davis, a social worker for a visiting nurse group affiliated with the hospital.

They left for Cambridge after dropping Brendan off at school. Her contractions were about 5 minutes apart.

But the roads were so clogged that John Davis began using the breakdown lane. Davis - whose driving record has six speeding violations over the past 20 years, according to the state Registry of Motor Vehicles - said he tried to get troopers' permission to use the emergency lanes when they encountered them along their journey.

On Route 3, he pulled over and told a trooper that his wife was in labor. The trooper said they could use the breakdown lane only when traffic was backed up and only while using their hazard lights. On Route 128, they got stopped by a second trooper who allowed them to continue in the breakdown lane after noticing the infant car seat in the back of their Honda Accord and the mother's condition.

"I know people fabricate stories all the time," Jennifer Davis said, "but it was pretty clear that I was in labor."

Once on Route 2, they pulled up behind the trooper who ultimately cited them, who was attending to a car in the emergency lane.

He asked at least twice if they wanted an ambulance, but they declined, Jennifer Davis said. "I told him, 'My contractions are about 3 minutes apart. We just want to get off this exit.' We thought it would save us a little time."

State Police policy discourages the use of police escorts for private vehicles, except in life-or-death situations, Procopio said. But for a misguided moment, when the trooper left their car to finish up with the other motorist, John Davis hoped that the officer would come back to help them through traffic.

"Ironically, I was relieved to see the police. I thought, 'Oh cool, he'll help us,' " said John Davis. "He made it worse. He held us up."

The citation cost them 5 or 10 agonizing minutes before the trooper handed them an envelope and told them they'd be getting something in the mail. The citation came this week. In hindsight, the couple believe the trooper was trying to save them time by mailing the citation, rather than making them wait while he wrote it up.

Jennifer Davis was already deep into labor when they made it to the hospital, but it turns out they had time to spare. Charlotte Jane was born about five hours after their traffic stop, with a birth announcement that made the rounds of the maternity ward.

Said Jennifer Davis, "Our story spread like wildfire."

[Tave]

I wonder if the officer has children.

[GoCougs]

Meh - I have no sympathy. Not only did she voluntarily choose to be out and about in traffic at her due date, and chose to use a hospital far away, driving in the "breakdown" lane is asking for a major accident.

[S204STi]

When I read the part that they decided they simply must deliver the baby at such and such hospital 30 miles away, I lost sympathy.  If this was the only hospital in the area they could go to for the delivery I would understand, but an emergency is an emergency; go to the nearest available hospital.

[TBR]

Meh - I have no sympathy. Not only did she voluntarily choose to be out and about in traffic at her due date, and chose to use a hospital far away, driving in the "breakdown" lane is asking for a major accident.

Not in gridlocked traffic.

I agree that it was stupid decision to have the baby so far from home, but the troopers actions were definitely inapporopriate.

[GoCougs]

Not in gridlocked traffic.

I agree that it was stupid decision to have the baby so far from home, but the troopers actions were definitely inapporopriate.

Not at all inappropriate - driving in the breakdown lane is a major safety hazard, and you can surely bet he was zipping along, too.

Modern society's ridiculous "it's for the children" justification for irresponsible and/or inconsiderate behaviors long ago exceeded acceptable levels.

[Speed_Racer]

I wonder if the officer has children.

He ate them. They were disobedient.

[TBR]

Not at all inappropriate - driving in the breakdown lane is a major safety hazard, and you can surely bet he was zipping along, too.

If traffic is completely stopped how would it be dangerous? If he was actually being reckless the ticket would have been for more than $100. Remember, two other troopers waved him along so I really doubt he was going all that fast, especially that close to his exit.

Modern society's ridiculous "it's for the children" justification for irresponsible and/or inconsiderate behaviors long ago exceeded acceptable levels.

It's for the mother too, I am sure giving birth in a hospital is much more safe and comfortable than giving birth in a back seat.

[Byteme]

Not in gridlocked traffic.

I agree that it was stupid decision to have the baby so far from home, but the troopers actions were definitely inapporopriate.

Yes, even in gridlocked traffic.

Picture these clowns zipping down the breakdown lane when somebody's car decides to overheat in the traffic jam and they choose that moment to pull over into the breakdown lane.  Or someone else decides to use the breakdown lane as their own personal escape route and she hits them as they are pulling into the lane. 

Once could argue that they should have looked first and they were as in the wrong as the lady was but it could still cause an accident. 

Reading the article I agree with those who have little sympathy of this woman.  Her story just smacks of "I'm special".

[Laconian]

I can understand how she felt entitled to special treatment. As the first paragraph of the article says, this kind of story is a sentimental favorite of the local news media. This was supposed to be her turn to be a star!

[Tave]

I have a little sympathy with her as two troopers had already talked to her and allowed her to continue the behavior. That sends some really bad mixed messages. She had specifically asked on-duty cops who were patrolling the area if it was alright, and they both OK-d it.

[Vinsanity]

He couldn't have just given them a warning?

[GoCougs]

If traffic is completely stopped how would it be dangerous? If he was actually being reckless the ticket would have been for more than $100. Remember, two other troopers waved him along so I really doubt he was going all that fast, especially that close to his exit.It's for the mother too, I am sure giving birth in a hospital is much more safe and comfortable than giving birth in a back seat.

Like Byteme said - imagine actually using the breakdown lane for an actual breakdown, only to have some clown plow into you from behind.

If the mother was so concerned about the where, she shouldn't have been out motoring around in rush hour 30 miles from the hospital. And I just read it again - the dropped off a child while she was having contractions, and they actually came up on the ticketing LEO already in the BD lane assisting a disabled vehicle.

She and hubby were stupid a few times over, and got caught. IMO responsible people wouldn't be running errands during contractions and wouldn't be 30 miles from the hospital at or near the delivery date. This will play to those that feed of sensationalized tales of LEO abuse, but given a bit of scrutiny and analysis, she and hubby were morons.

[Raza]

When I read the part that they decided they simply must deliver the baby at such and such hospital 30 miles away, I lost sympathy.  If this was the only hospital in the area they could go to for the delivery I would understand, but an emergency is an emergency; go to the nearest available hospital.

Same here, but the cop is still a dick.

[bing_oh]

He asked at least twice if they wanted an ambulance, but they declined, Jennifer Davis said.

Lost any modicum of sympathy with that statement right there. If they didn't want an ambulance, it wasn't an emergency and they have zero justification for using the breakdown lane.

[cawimmer430]

I guess this trooper deals with a lot of extremely fat women. 

[S204STi]

Same here, but the cop is still a dick.

The whole bit where he asked for proof that she was preggers was stupid, true.

[sparkplug]

To be honest and fair the baby shares a little blame for this. I mean, couldn't he have been a little more convenient.

[cawimmer430]

The whole bit where he asked for proof that she was preggers was stupid, true.

Maybe he was a perv with a fetish for pregnant women? 

[280Z Turbo]

Maybe he was a perv with a fetish for pregnant women? 

Only a German would think of that.

[cawimmer430]

Only a German would think of that.

Huh?

[Soup DeVille]

Huh?

who invented the scheisse movie anyways?

[cawimmer430]

who invented the scheisse movie anyways?

Shit movies? Are you talking about the stuff Hollywood is releasing these days? 

[Soup DeVille]

Shit movies? Are you talking about the stuff Hollywood is releasing these days? 

Close enough.

[hotrodalex]

While the mother could have handled the situation better (gone to the hospital earlier, not go do other things, go to a closer hospital, etc.) the cop was pretty dick-ish too.

[Soup DeVille]

Meh - I have no sympathy. Not only did she voluntarily choose to be out and about in traffic at her due date, and chose to use a hospital far away, driving in the "breakdown" lane is asking for a major accident.

"The Davises say the contretemps occurred after two other troopers they encountered had waved them along in the highway breakdown lane, allowing them to evade gridlock while advising them to be cautious and keep their hazard lights on."

and a due date isn't always that predictable either.

[dazzleman]

"The Davises say the contretemps occurred after two other troopers they encountered had waved them along in the highway breakdown lane, allowing them to evade gridlock while advising them to be cautious and keep their hazard lights on."

and a due date isn't always that predictable either.

That's a heavily policed area if they encountered three officers during their drive.  On most of my drives, I don't even see one police officer in the course of the drive.

[saxonyron]

That's a heavily policed area if they encountered three officers during their drive.  On most of my drives, I don't even see one police officer in the course of the drive.

Actually it is pretty heavily policed - and that area is under constant construction, so they were probably doing a detail.  I almost understand the parents' desire to go to Cambridge since folks get pretty irrational when they're pregnant.  I work right near Dracut and the nearest hospital there would be in Lowell, a scruffy mill town with decent hospitals, but not the aura of superiority that Cambridge has.  My wife chose to go to Concord, MA, almost an hour away for our 9 yr old's birth since our 1st two were born there.  Fortunately, she stuck local for the twins, but that slightly irrational behavior is normal for the ladies.

As for cruising the breakdown lane on Rt 2, I can empathize completely.  Nothing worse than driving your wife to the hospital and getting stuck in traffic - I absolutely would have done the same thing.  I've driven that part of the road thousands of times, and from Alewife to Mr. Auburn can take you an hour in traffic. That's an eternity when your counting contractions.  I chalk this one up to slghtly irational behavior due to giving birth - which is completely forgivable, coupled with a dickhead cop on a power trip.  He shouldn't be disciplined, and they shouldn't be rewarded any damages.  Just move on, guys!  Enjoy your new baby! 

[rohan]

Lost any modicum of sympathy with that statement right there. If they didn't want an ambulance, it wasn't an emergency and they have zero justification for using the breakdown lane.

Yup.  That and her contractions were "3 minutes apart."    If it was that big of an emergency why didn't they go to a closer hospital?  Answer - because it was BS that they were that close together------>5 hours later her second child was born.    5 hours.   

The whole bit where he asked for proof that she was preggers was stupid, true.

Why is it stupid?  People can put towels under their coat to make themselves look pregnant- people do lie.

I've got no problem with this at all- not one bit.  In fact I'ld publicly stand behind this officer if it happened here because how does he know the woman is really in labor?  He doesn't he's only got her word for it- people lie all the time.  He didn't do one thing wrong and even went and just wrote the information down and wrote out the ticket later. 

[AutobahnSHO]

1- Very stupid to not go to the nearest hospital if it's "that urgent".
2- If they're careful and driving 10-15mph, there won't be a wreck..
3- They "errands" were dropping the OTHER kid off. Ever try to spend a day or so at the hospital (for surgery!) with another child??!  Not a good plan in the least.
4- East coast traffic sucks. I'd probably do the same thing if the wife was about to pop. You never know how long labor will last...