An Unnecessary Comment?

[SusanLCD]

A few weeks ago, I received a traffic ticket while driving to a lunch meeting in Dallas with a TG friend. There are a few things remarkable about it, beyond the fact that I was en femme at the time.

It's the first traffic ticket I've had in over 40 years of driving. No parking tickets. No speeding tickets. Nada. Yes, I drive that way.

The ticket says that I "ran a stop sign." The officer claimed I had rolled through the stop sign. I told him I thought that I had stopped fully. Of course, my words made no difference. But, I felt I needed to make the statement just the same. The officer had been standing on the sidewalk near the street corner; his patrol car was parked in a nearby parking lot. He simply pointed to my vehicle and waved me into the same parking lot. Apparently, this is a location on which he can depend when his monthly ticket quota is low.

I was polite and asked if I might receive a warning, in light of my driving record. As expected, he said no and wrote the ticket. I received an unreadable carbon copy of the handwritten ticket.

I've been unemployed for many months and money is extremely tight for me. So, I began researching the possible costs of this. It will cost me between $250 and $300, if I plead guilty and pay the fine or pay for defensive driving. For me, this isn't chump change. It's a few weeks of groceries.

So, I went to the courthouse to get a readable copy of my ticket and determine what options I have. Having heard that Dallas police officers frequently don't show up for traffic ticket trials, I chose to plead "not guilty" and hope for that to happen. If he doesn't attend, the case will be dismissed. If he shows up, it will be my word against his and I will be found guilty. As the court date gets closer, I may change my mind about this.

The second remarkable part of this is the comment on the ticket.

When I looked at a readable copy of the ticket, it lists the typical information regarding offense, location, etc. But, then I saw that the word "crossdresser" was scrawled acrosss an area designated for "employer". While it was factually accurate as a personal description, I felt slightly offended, just the same. It seemed to me that this comment was inserted to prejudice anyone reading the ticket (Prosecutor; Judge; etc.), since it had nothing to do with the traffic violation. I said nothing about it to the court clerk who gave me the copy (she likely doesn't care), but, have been wondering if others have any experience or thoughts about this.

Anyone here have any thoughts on this?

[denese]

if you can i would go to court. i eel the comment added had nothing to do with the offense and was out of line. hopefully the judge will feel the same.

[sandra-leigh]

I would say that it gives reason for perception of discrimination. Was the officer indicating that cross-dressing was an aggravating factor? Is it policy or common practice to write cross-dresser on tickets (when applicable)? If the officer was not following established policy, and cross-dressing was not relevant to the offense, then is the writing of the word on your ticket an indication that the officer's judgement was temporarily impaired? If so, then having established that the officer's judgement was impaired, then it must be presumed that the officer's judgement in issuing the ticket was impaired.

And that's all without getting into the matter of whether the officer had been able to observe that you were cross-dressing at the time of the decision to wave you over, with implications of discrimination. I would expect that courts hear plenty of claims of discrimination, so alleging that is probably not going to go over well with the judge (unless there is additional evidence, preferably objective evidence.) But evidence of impaired judgement...

[DanaR]

I would say that it gives reason for perception of discrimination. Was the officer indicating that cross-dressing was an aggravating factor? Is it policy or common practice to write cross-dresser on tickets (when applicable)?....................t...
I agree with Sandra, you were probably discriminated against. Tell the judge that you were sure that you stopped and told the officer that you did. Mention your driving record. If you want to bring attention to the fact you were crossdressed, do it. Who knows what might happen, things should be fair, but many times they aren't.

[Jill Devine]

It's going to depend on the judge: they are all human so it could work for you or against you. But worth challenging it.

[LindaC]

I would find out what the laws are in Texas concerning discrimination as it affects the LGBT community and go from there.

[BRANDYJ]

I agree with the comments so far. Also, the officer falsely listed your employer as "crossdresser" In Florida, I believe any false information on a traffic ticket will get it dismissed based on a ticket my brother got some years ago with false information on the ticket. His was dismissed. I also agree that putting that on the ticket shows prejudice and has no baring on the charge. Depending on the judge, since it's the officer's word against yours, and you have a 40 year clean driving record, he may dismiss the charge. I would also ask the judge for consideration about the fine since you are unemployed. I would definitely mention that and how the fine would be a severe hardship. If nothing else, the judge may set a payment plan. And like already said, the officer may not show up. It does happen often, especially if the officer has to drive a long distance or it's his day off. One last long shot....the judge might be a crossdresser and take a dim view of the unnecessary note on the ticket. If it was me, I'd take my chances with the court appearance.

[kimdl93]

Take it to court. The ticket and the comment were both unjustified.

[Cheryl T]

Fight it if you think you were right.
Fight it if you object to his classifying you to influence someone's opinion.

[Karren H]

Imho that just got you out of jail free!! His statement shows that he could be prejudice and question his motives. My last ticket I made the mistake of saying "you got to be kidding me?" When he told me I ran a red light. Wrong thing to say! Lol.

[Confetti]

Seems like bias intimidation is a base for this ticket. If your driving record is spotless and you did not roll as the officer claims it could be easily disputed. However, bias intmidation is obvious here, it is bad as being singled out on ticket writing a renark to slur if you come dressed respectable in male clothes it will be tossed he wrote it to discredit.

[Alice Torn]

Hey! The judge is a crossdresser! If its a he, he will be wering a black long dress! Seriously, i would go to the court date. I have been fortunate a few times lately, and the officer did not show, and explained my hard circumstances, too. It can work out well. And, the officer did not have any need to write crossdreser on the ticket.

[TxCassie]

First of all Susan, I'm sorry for the event, being cited is no fun.

However, ladies, if I may present a slightly different view, i.e. the view of the officer. First of all, I know no agency in Texas that requires a quota of citations from their officers. I can not guarantee it, but in my experience, it is not done. Yet, part of the officer's evaluation will include the number of citations submitted on an average. For, if you have an officer (all other factors equal), submitting a below average number of citations per day in comparison, then questions to the daily activities of the officer should arise. I can tell you that a good officer will know which intersections in his patrol area produced the most violators and as such should be patrolled by him, that is his job, that is what we pay him for, that is being a police officer. Believe it or not, a police officer that is paying attention to traffic and citing violators does make the driving experience safer for all of us.

When a person is detained and eventually arrested (and yes, Susan, you were under arrest conditions once the officer decided to cite you for your infraction. Your liberties were suspended, that is law. I know that's scary to hear and it is scary.) The arresting officer is responsible to describe you on the citation. The citation will have per-printed identifiers that are asked. In many cases, the citations are now computerized where the officer completes the citation on a laptop mounted in his cruiser. However, if there are any other major identifiers that the officers can cite, it should be presented on the citation. It is not meant to be an insult, it is a fact. You are presenting yourself in feminine mode and your driver's license clearly says you are a male. While you are definitely free legally to dress as you see fit, dressing and presenting yourself as a female is not mainstream and is an identifier. If for some reason you decide to begin a life crime, this fact will be important for law enforcement to do their job to cease your criminal activities. If your offense warranted you be booked into the county jail, the fact you are a crossdresser would be logged along with the articles of clothing and accessories you would have to surrender. All legal items are returned to you upon your release.

I disagree, you were not discriminated against, fact was stated. You may make the case, the officer was showing an anti-bias towards you but you would have to show more than him writing a fact to prove it. Did he use foul and offensive language because he knew you were a crossdresser, did he make a comment that in fact showed an anti-basis, etc...? If you claim he detained you because he identified you as a crossdresser from his initial vantage point, you will have to prove it as I am sure he could not tell. Profiling in Texas is only illegal if it's based upon race.

Police Officers see things that are far worse or bizarre than a male dressed in female clothing. I'm sure Police Officers in the Big D would welcome a day where the most notable experience that day was a non-violent encounter with a crossdresser. Police Officers are either so busy with calls, reports, finding a restroom when needed, and everyday things, and let's forget, a perfectly non-eventful day can in an instant turn into his/hers last moment on this earth. The fact you crossdress is very far down the list of things to worry about. Who knows, the officer himself/herself an be transgender.

In regards to your perfect 40 year driving record, I congratulate you on a record I wish many more could achieve. However, could it be, you just weren't caught? You probably are a very good driver, excellent habits, but we all make traffic errors, even police officers. So we celebrate your driving record, we feel for your misfortune and support you if you chose to fight the conviction. Just remember, you experience was probably just another traffic stop for the officer. I would fight the citation on other grounds. Courts usually do work with individuals under financial hardships as you pay the fine. I wish the best for you, I've been there.

I know this point of view is entirely opposite of what has been expressed, but I feel it is a very valid point of view.

Cassie...

[Alice Torn]

Miss Cassie is right. We have to put our logic before our emotions, more. I tend to be way too self centered and emotion based, and have a persecution complex. We do need to put our selves in the others place, and think.

[Chickhe]

Go to court, tell the judge you are sorry for breaking the law, that you were sure that you did stop, but it you did not, you intended to. Tell the judge you are proud to be very safety concious and you have a clean record and it would break your heart to get a mark on your record because you want to have a clean one until you stop driving. Say that you are confused as to why the officer wrote crossdresser on your ticket and ask the officer to explain...make a joke about the officer looking at your breasts or something like that!...but ask him what he thinks crossdressing is and why he thought it was relevant (he will put his foot in his mouth winning you points with the judge). Be polite, friendly to the judge and also ask for a reduced fine, but only if found guilty because you honestly can not afford the fine.

[sterling12]

And, if your feeling uncomfortable about testifying in open court. You might politely ask His or Her Honor to address The Bench. It's permissible to have a private conversation, and I think if you explain your situation, show him The Ticket, and what is written on that ticket, he might just make things very difficult for Officer Friendly!

I am at a loss why an Officer would be that unprofessional. But then again, he was standing on the sidewalk looking for Mickey Mouse Rolling Stop Violations to make his quota. Maybe it's pretty simple. Maybe he's just a bad cop!

Peace and Love, Joanie

[darla_g]

my experience with traffic court is they give you credit for showing up. By that i mean you may still get a fine, but in most cases the points have been dropped or reduced. and since points on your license can mean additional cost for auto insurance = money.

i think the comments were spot on. Maintain your innocence, why were you stopped and what was this business about crossdresser on your ticket? I think also mentioning that you are unemployed and this is a major burden is important too.

[Stephanie47]

It does appear he was trying to make a ticket quota since he was watching specifically for cars rolling through the stop sign. In my area the police sometimes will stand on a corner and just watch for seat belt violations. That's life. I would show up in traffic court and plead your case. I doubt you were pulled over because you were en femme because the officer was really watching the car for a violation and not the driver. Once pulled into the parking lot, it may be the officer's personal prejudice may have kicked in. If he checked your driving record, why wasn't a warning issued and inputted into the driving record. When I was stopped for a tail light out, I received a warning with the advice to fix the light. That information was inputted for the benefit of another office, if I were to be stopped several days later. Of course I fixed the light the same day. I suspect the officer decided to assert his discretion in a negative manner.

I would show up in court dressed as a man. Take along a picture of how you were dressed when stopped. See if the judge makes any comments concerning the cross dressing. Plead your case. Present your financial situation. Talk about your driving record.

At the traffic courts I've seen you should have the ability to see how the judge exercises his discretion. Since you are unemployed, go to the court before your date and observe. If he knocks down or dismisses other tickets and not your ticket, I will assume some bias.

Let us know how it goes.

[Chari]

Good advice from all posts! Be aware that win, loose, or draw, try to avoid that area where you received the ticket, as that officer or others may be watching for you to "get you again"!

[SANDRA MICHELLE]

Here is one more idea, consult a lawyer to see if this is a legitimate thing to write on a ticket and if there is a possible legal action you should pursue against the police department and or municipality. You should be able to get the lawyer to take your case on contingency, if you have a case at all and if the officer "discriminated" against you I would guess you should follow up with every legal right you have. Look what happened to Rodney King years ago, he was gulity as sin but was never prosecuted because of the police brutality on the traffic stop. Your case may be quite a bit different but also somewhat the same.

[Wildaboutheels]

Not sure if this might help you any. I just checked my checking account to verify. I did pay 25 bucks about a year ago to one of the many local/online "accredited" traffic schools to not have a speeding ticket show up in my driving record. Plus I did pay the fine. 280 big ones.

Not sure if you go to court and lose if you can still take the driving course? They advertise them at like 10 bucks or something but then want another 15 bucks for the actual certificate of completion. My course was completely online. They MAKE you spend almost 4 hours taking it. Each question has a timer and even if you answer in 10 seconds you must sometimes wait 30 or 40 seconds before you can prompt the next question.

I agree with most of the others here btw about the unnecessary comment. I am not sure if it will make a difference to any judge though.

UNLESS they "know" that all us CDers are scumbags of some sort. And then you might have to pay court costs too?

[Vickie_CDTV]

Like Cassie, I would play devil's advocate and say he wrote "crossdresser" on the ticket because you have a male name and gender on your license but presented female; he might have assumed you were fulltime and would present female in court and put that on there to clarify there was not a mistake referencing someone else of the opposite gender and not you. The odds of just writing "crossdresser" on a ticket and that being considered some form of discrimination are almost nonexistent. He certainly might have targeted you because you are a crossdresser, but it would be one's burden if proof to prove it.

However, it is the outrageous fine where the anger should be. Where I live, $300 is a month and half worth of groceries for a single person, or about half a month's rent on a pretty nice apartment. Even if you did roll through the stop sign (not even ran right through it) and were guilty as sin, the fine is the equivalent of asking someone not to eat for a month and a half, or be homeless for 2+ weeks? Is that a fair punishment? Seriously? It is really about public safety and not just extortion committed by a corrupt government? Give me a break!

I'd go to court and fight it. Given your long and perfect driving history the odds are good he would dismiss it anyway.

[Kelley]

The comment the officer made is not required information for the ticket. Being a cross dresser should not make any difference to the court. What you wear has no bearing on anything. What if he stopped someone else and wrote on the ticket gay or black or Jew would that be OK? I think not. It could very well cause predjudice in your case. At the very least you should get an apology from the officer. The judge should throw it out.

[sometimes_miss]

I agree with the comments so far. Also, the officer falsely listed your employer as "crossdresser" In Florida, I believe any false information on a traffic ticket will get it dismissed based on a ticket my brother got some years ago with false information on the ticket. His was dismissed. I also agree that putting that on the ticket shows prejudice and has no baring on the charge. Depending on the judge, since it's the officer's word against yours, and you have a 40 year clean driving record, he may dismiss the charge. I would also ask the judge for consideration about the fine since you are unemployed. I would definitely mention that and how the fine would be a severe hardship. If nothing else, the judge may set a payment plan. And like already said, the officer may not show up. It does happen often, especially if the officer has to drive a long distance or it's his day off. One last long shot....the judge might be a crossdresser and take a dim view of the unnecessary note on the ticket. If it was me, I'd take my chances with the court appearance.

^this. I don't know if the judge will uphold that, but if he doesn't, you have reason to appeal, as there's no reason for the officer to write 'crossdresser' on the ticket anywhere. I would discuss the situation with the person designated as prosecutor when you go to the court before you appear, you may get the ticket dismissed before having to go through all the trouble.

[giuseppina]

Hello Susan

I'm with the above posters in saying the 'crossdresser' occupation is irrelevant and extraneous. Unless you actually work as a female impersonator, it is also incorrect, which may, in and of itself, be enough to quash the ticket. Another problem is the comment tends to bring ill repute to the justice system. You may want to consult a lawyer or paralegal for the correct legal term.

On the failing to stop issue, you can ask the officer how s/he came to that conclusion. The cops around here look to see if the wheels stop moving, but that only works if the wheels are not locked by the brakes.

The description of the offence may also be a problem, as it is somewhat imprecise. The correct description from your story is, "failing to stop for a stop sign."

Finally, if you win this battle, the cop who wrote the ticket may well be out to get you next time. Local law states the officer's name must be on the ticket; this may differ in other jurisdictions.

Good luck.

[EllieOPKS]

I agree with Sometimes Miss as far as discussing it with the prosecutor. He is really your best hope in eliminating the ticket and don't hesitate to tell him you have been unemployed for some time and this will cause an undue hardship. You can explain that you haven't had a ticket in decades because you are a safe an conscientious driver.
Now for the bad news - Judges in traffic court are not real judges in my opinion. They are cashiers. They work for the city and this is a revenue source for the city, plain and simple. You are guilty unless you can prove yourself innocent. I know because I have been there. If it reaches the "judge" ask for legal guidance and a court appointed attorney as you can't afford one. Be humble when you speak and you MIGHT get it dropped. Good luck.

[TxCassie]

A Police Officer has every right to ask and make note of any identifier of the person he/she detains. The Police Officer had every right to ask Susan if was she transgender,transsexual, or a crossdresser if he had any doubt. It seems he determined he made contact with a crossdresser and he noted it. Is the fact Susan is a crossdresser relevant to the violation, maybe not, but the information can be and in this case, is part of the arrest.

Susan was given the citation for violating a traffic code; i.e. not coming to a complete stop at a traffic device (aka, a stop sign). I don't remember Susan saying the police officer eluded she was stopped and cited because she was a crossdresser. If she fights the citation, the fact she is a crossdresser will not be a factor. From Susan's account, the information was used as an identifier alone.

I assure you when a Police Officer is watching for "rolling stops" or "drivers not wearing seat belts", it is because that is his/her job, as frivolous as you may view that to be, that's the job. Just think being the officer who has perform the task for 8,10,or 12 hours a day. Management may even instructed their officers to attend to these specific violations, so they are following their supervisor's directives. Something I think most of us can relate, having a boss.

Warnings are usually given for non moving violations. "Rolling Stops are moving violations and a citation is justified. While it is true, to issue a warning or citation is at the officer's discretion to a point for certain violations, a Police Officer is trained to decide if a warning or citation will be given before approaches your vehicle. Believe it or not. Of course, nothing is set in stone, but such a determination should be made to avoid putting his foot in his mouth when question in court. So, it is very possible that "Officer Friendly" already knew what he was going to do before he ever knew Susan was a crossdresser.

I can assure you many Police Officers would rather be doing other things than stand on a corner watching for as it was said, "Mickey Mouse" Stop Violation" which is incorrect, a "rolling stop" is a "moving violation" and is treated as such. But you know, if we as a society do not want Police Officers enforcing such "Mickey Mouse" laws, I suggest we get our state and local legislatures to pass laws more to our liking. In such, don't be crying foul, when those "Mickey Mouse Rolling Stops" escalate to out right disregard of traffic codes and we begin to have crashes bringing certain property damages and possible human injuries or worse. Until then, the Police will enact the laws passed by the state and local legislatures as instructed by management. Don't blame the officer for doing his/her job. The officer stated fact on the citation, nothing more will be made of the information unless the defendant wishes to escalate a non-issue.

Quotas, no, doing the best job one can do so I can keep my job and not trash the enormous number of training hours, and monetary and personal investment HE:eek::censor: YES!

Susan, I advise you do not embellish your argument with a "joke" about the officer looking at your breast, unless you have a specific complaint. If you do, you can make a direct complaint to the Police Agency itself. From Susan account, I did not sense the officer acted unprofessionally. On contrary, a traffic violation occurred, a Police Officer view the violation, as required by law and employment requirements, the Police Officer detained the violator, the violator cited, and released without prejudice, that is as professional as it can get.

The truth and the merit of the stop should be sufficient for the judge to make a judgement on the validity of the citation.

[Eryn]

One thing that I haven't seen suggested yet is to visit the court that you will eventually appear in and see how the judge handles other ticket cases. If he sits there and says "guilty, guilty, guilty..." as each case comes up you have your answer. If he actually listens to what the defendants have to say and occasionally finds one not guilty you might have a chance.

Alternatives to court vary widely by state. Here in California we used to be able to do traffic school and have the ticket dismissed. Pretty soon the courts realized that they still wanted the money so now we have to pay the fine (oops, "Administrative fee") to the court and then do traffic school but the result still leaves the offense off your record. It's all about the revenue!

[BRANDYJ]

Cassie, you sound like a police officer. I agree with you to an extent. But officers have some discretion in most cities, county's and states. I'm sure it varies. I had a nephew that was a police officer killed in the line of duty, so I am very appreciative of the job they do. However, if I was a police officer, I'd have a problem writing tickets for such minor offenses if the subject was respectful when approached. The reason I'd have a problem is the price of some of these tickets, especially in today's economy. $250.00 for a rolling stop is outrageous and grossly unfair. If the subject literally ran through a stop sign, then maybe... The average worker can not afford this kind of government ripoff. I have talked to many officers that agree and do use discretion based on their own feelings about where and when the offense took place, and how cooperative the subject was during the stop. I was stopped by a Miccosukee Indian police officer for doing 74 MPH in a 45 MPH zone. He said the ticket was $384.00. I challenged him on exactly where he clocked me since when I saw him coming toward me, I thought I was short of the posted sign entering the jurisdiction of the reservation when I was clocked. That is a 70 MPH zone. He then said he was in a good mood and would do me a favor and give me a choice of a seat belt violation or the speeding ticket. I was still sitting in my van with the seat belt still buckled. The seat belt violation was only $28.00. Which one do ya think I chose? But he was doing it for selfish reasons. The speeding ticket demanded a court appearance. The Miccosukee Reservation in the middle of the Everglades is about 50 miles to downtown Miami. He did not want to make that drive to appear in court is the real reason he was being so nice. lol Yes they have a job to do, but they still can be selective in most jurisdictions. I know i would think twice before writing a ticket for a person in a 10 to 12 year old Ford Escort or similar older low price car then I would for someone in a 1-3 year old Mercedes. I don't want some hard working guy not be able tpo feed his family over a simple rolling stop violation. Fortunately there are many good cops that would agree.

In Florida the standard traffic ticket has a warning written on it. It says that if you elect to go to court and are found guilty, the fine can be assessed to as much as $500.00. That to me is blackmail! That get most people afraid to go to court, so guilty or not, they pay the fine instead.

[jillleanne]

Texas? " crossdresser?" Are you kidding me? You live in the land of lawsuits. Call a lawyer that will take the case with nothing up front. Texas is full of them. You will get a reward when it's all said and done.

[Debglam]

What if instead of "crossdresser" the ticket said "black" or "Mexican" or "Jew" under occupation? I believe Cassie makes some good points but I think the issuing officer may have screwed himself with this. Your appearance is completely irrelevant to whether or not you were guilty of a traffic infraction.

Find the local Lambda Law Center, and if you can't find them in the book, try the local LGBT Center and seek legal advice. If no luck, contact the local ACLU.

[TxCassie]

Actually Debglam, ethnicity and race are one of the identifiers on a Texas citation by law. The arresting officer did not screw himself, it happens all the time without incident. If the officer cannot determine the answers, he is free to ask. If the detainee refuses to answer, the officer can make his best judgement with a note of the refusal. If you present yourself as a crossdresser in public, and stopped by a Police Officer in the state of Texas, you very well can be identify as one on the citation. As far as calling a lawyer, Jillieanne, Susan is free do so if she wishes to incur that expense, for what purpose, I don't know. It will cost her more money to have the ticket dismissed (with no guarantee of the outcome) than to pay the fine. If you are referring to "fixing a ticket", that can be done, and those within the agencies involved usually are reprimanded or fired in time which is fact.

I don't know what reference you are using by saying Texas is a land of lawsuits. I would imagine it's not more,no less than any other state. If Susan feels she was discriminated because she was identified as a crossdresser, which she is, then she is free do so,but with the current political environment that has prevailed in this state for the last thirty years I don't see what valid argument Susan has to make. She may not like being identified in writing, but I think she'd be barking up a dead tree if she argues the Police Officer did anything illegal, discriminatory, or was denied any civil right or due process. The best I see is a complaint to the Dallas PD in which will not be successful because the officer did not violate any departmental policy. Frankly, from a law enforcement perspective, any information that gives a better description of the violator is welcome.

I recognize the "attitude" but the fact remains, we all are subject to the laws in the local we reside. When we are caught violating one of the laws, our power, our rights, are suspended and things we may not think is agreeable occur. Doesn't 'mean you have been discriminated or mistreated. It makes us angry, emotional, and revengeful. It is best cooler and more rational thought be called upon and look for the best possible outcome. We all have our agenda, Susan needs to do what is best for Susan, not be a poster child for anyone agenda or perspective. Eyes wide open Susan, no matter what you choose to do in your quest for a resolution.

[Debglam]

Cassie,

I'm guessing you are a LEO so I'm going to defer to your knowledge of TX law. I'm a lawyer out here in CA and I have seen unnecessary commentary on citations and reports get the officer in trouble. Typically, even with the comment, I would advise a client to just pay the damn ticket or infraction. It's just not worth the aggravation to fight it. Here, the OP seems to want to pursue the matter and mentions that she would have difficulty paying the fine. I would be arguing relevance of the comment and suggest fighting this in the court of public opinion. It maybe a legitimate comment on the ticket but it "looks" bad. Out here it could cause some heat for the issuing department.

[Jacqueline Winona]

JUst my opinions here: 1) It is unnecessary and irrelevant. 2) the Judge will probably have a bit more sympathy for you because of the comment, unless there's some reason in Texas why that comment is made it certainly looks like an attempt to humiliate you for no good reason. 3) You could talk to an attorney about this, but I don't see it getting far, it's hard to prove more obvious discrimination cases but you never know. The question is do you really want to go through this and relive it over and over again for several months? 4) My bet is the judge will look at your record, consider what is going on, and give you a more fair hearing than the cop would like. No guarantees of course, but stand up for yourself if you think you're right.

[Eryn]

Another consideration is why did the LEO choose to write "crossdresser" as an occupation? That likely isn't actually your occupation unless you happen to be Eddie Izzard!

[TxCassie]

because there is no other space for the identifier..that will not be an issue.

[Jacqueline Winona]

Cassie, the question I have is, why do you need "crossdresser" as an identifier in the first place? If he knows he is dealing with a crossdresser, he knows the gender of the person who is receiving the ticket. Does Tx. recognize a more fluid description of gender than most states? If so, I could understand this, but otherwise I just don't see why it is listed at all.

[ImAlexis]

What if instead of "crossdresser" the ticket said "black" or "Mexican" or "Jew" under occupation? I believe Cassie makes some good points but I think the issuing officer may have screwed himself with this. Your appearance is completely irrelevant to whether or not you were guilty of a traffic infraction.

Find the local Lambda Law Center, and if you can't find them in the book, try the local LGBT Center and seek legal advice. If no luck, contact the local ACLU.

Actually, in California there is a section for race, as well as height, weight, etc. I was originally outraged (outraged you hear) when I read the OP, then I realized something. If this goes to trial the officer is going to have to identify the OP as the defendant. Noting that the defendant was crossdressing all of a sudden seems to be a valid thing to record in the notes section, albeit not the occupation section.

[Tracii G]

I would contact LGBT and see if there is a fairness law in that municipality.
Deff go to court and take your chances.

[lingerieLiz]

Police officers watch intersections where people run red lights or stop signs. Others become more carefull seeing the pretty red and blue lights flashing. You may have felt that you stopped, but the officer didn't see it that way. He wrote you a ticket because that is his job. I understand the financial issues. The officer probably put crossdresser on the ticket so he would know you appeared to be female since he might not recognise you in male mode.

You can go to court and see how the judge works. He may be very liberal about throwing out cases or he could be a hard one. Rules in Texas say you have to decide if you are ging to take defensive driving before trying the trial. You can't try it and then say you want to take DD. If you loose your auto insurance may go up. If you take DD then it will go down.

As for the officer not showing up unless you have a lawyer your trial will be postponed. Usually the DA just says the officer has other duties.

[SusanLCD]

I appreciate the points of view expressed here. That's exactly what I was hoping you would all do. I needed the collective feedback from so many others who may think differently from me.

I want to clarify that the officer was not visibly or verbally disrespectful to me when writing the ticket. He treated me in a way that I suspect would have been the same had I been en drab. I tried to be equally respectful in my conversation with him. There would have been no gain in being confrontational.

I agree that he was doing his job as we (the taxpaying public) expect him to do it. I also realize that there is economic pressure to keep funds flowing toward the city's coffers. I don't know how that is communicated to him from his superiors, but, I'm confident that he would rather be riding around in the air conditioned police cruiser than standing outside in the 98F degree heat watching for someone to roll through a stop sign so he can issue a citation. The fact that he was doing so tells me that is one of the the priorities he was given.

The suggestion of discussing this with a prosecutor (there seem to be many in the Dallas system) ahead of court date is appealing, although I'm not sure how to identify or make an appointment with one. I'll investigate that further.

Again, thanks to all of you for your feedback and opinions. This helps a lot.

[Cheryl T]

He may not have verbally or visibly been disrespectful, but there was absolutely no need for that comment on the ticket. It had no relationship to anything in the traffic stop and had no business being written on the ticket.

[Ressie]

I had an officer jump in front of my car a few years ago and got a ticket for going 10 mph over the speed limit. It's a surprising way to get pulled over, yet I didn't feel the paranoia that I would normally get (being followed, lights go on etc.).

I was so surprised that I told the officer I was eating, (which I was). He wrote on the ticket that I was eating. Anyway, I think it's standard practice for them to write anything that is happening during the infraction. If there was a dog in the passenger seat, he would have noted that. I've been pulled over and ticketed so many times that it just seems to be part of life as a driver. The more one drives, the more chances one has of being pulled over. Sometimes it's just a tail light out that gives the cop a reason.

[Veronica27]

The crossdresser comment is a fair and legitimate one, given the fact that the officer could be called upon to identify you in court, should you claim that you were not the driver. Identification could be difficult, depending upon your level of passability. The relevance of the fact that it was written in a space for employer depends upon several factors, such as the mood and opinion of the judge, the available space for comments, and any departmental rules regarding how the tickets are to be filled out. Also, ability to pay the fine does not usually carry much weight in court, again depending upon the attitude of the judge.

Most winnable cases are ones in which the infraction itself is the emphasis of the defence. It is usually very difficult to prove these things one way or the other, so the officer's word is usually given more credibility than the defendant's. The best hope is to show that he erred in some aspect of the situation. I once fought a ticket for making an illegal left turn from travelling eastbound to proceed northbound. I went to court armed with facts such as the weather (the middle of a snow storm), the lack of visibility of the signs, and the fact that I was looking for the first intersection at which a left turn was allowed. Fortunately, the officer stated that the weather was cloudy with good visibility, and that he was parked 30 metres south of the intersection. I simply mentioned the storm, which was a matter of record, and the fact that he was parked north of the intersection, which was what enabled him to pull me over without a chase. Case dismissed, and as I walked out of court I could hear the other officers present kidding my accuser for his faux pas.

Veronica

[tgirl2b]

you mentioned you had a tg friend with you ,Is that not a witness

[ImAlexis]

you mentioned you had a tg friend with you ,Is that not a witness

Is the witness going to testify that the OP was not violating the law? Furthermore, the courts aren't a "majority rules" when it comes to witnesses. The friend has a reason to be bias with the friend's testimony. The officer, arguably, does not.

[lingerieLiz]

I'd get over it and pay unless you have a very good objective argument why he was wrong. Talking to the prosicuter is not going to do you any good. I've seen people try that and they almost never win. He has a job to do also. Since you have the time go sit through traffic court for a couple of days and listen to what people tell him and what the judge says and does. Be sure to find out which judge will hear your case. They all are different. I've been on both sides of the argument.

As for quotas, most municipalities don't have them. Except for speed trap cities. The officer doesn't get to choose his assignment most of the time. The shift commander gets the assignments and tells the officers what to do. Running radar was not the most fun assignment nor was watching an intersection. If you were assigned something the brass knew what the results should be. Writing a few tickets durring an 8 hour shift was not going to fly for very many days when everyone else issued twice as many. You do your job.

You can hire a lawyer who specializes in killing tickets. I knew one years ago and it was interesting how he worked it. If it is avoiding the ticket then you need a lawyer. If you want the cheapest way out then take defensive driving.

By the way let us know what happens.
Good Luck

[DonnaT]

Here's the deal. If you go to court and lose, you'll pay the fine and court costs.

The court will be packed with other offenders, will you be ok with discussing crossdressing in open court, if you decide to bring it up?

The ticket should have a box marked to indicate whether you can call to determine the amount of the fine. With a clean 40 year record, your insurance shouldn't go up, but it can if you plead guilty by paying the fine.

Beating the ticket?

It's possible. I wouldn't count on the officer not showing. I imagine he gave a few tickets on that corner.

Assume the officer was not watching your lane only, but was also monitoring several lanes. He could have easily missed your stop. Reasonable doubt.

Any obstructions to the officers view? Street signs, etc.

Is there a wide white strip indicating where you are supposed to stop painted in the lane? If so, you can tell the court you stopped where indicated by that line, and the officer apparently missed your stop, and instead saw you easing forward after the stop, which is how you normally move through such an intersection to avoid accidents.

Especially if there were a number of pedestrians present. You can never tell when someone will dart out in front of you these days.

Your record will show you've been a safe driver having no accidents.

If there is no painted line tell the court you made two stops, then eased forward, like above.

Of course, you could always argue physics.
http://www.nbcsandiego.com/news/local/UCSD-Physicist-400-Traffic-Ticket-147450815.html

http://arxiv.org/pdf/1204.0162v2.pdf

[donnatracey]

He may not have verbally or visibly been disrespectful, but there was absolutely no need for that comment on the ticket. It had no relationship to anything in the traffic stop and had no business being written on the ticket.

Have you not read Cassie's explanations?......:doh:

[Karen Francis]

Tx Cassie has it exactly right. The fact about your driving record is irrelevant in court. Your MUST say in court that you specifically stopped at the stop sign. Anything less is an admission of guilt. Let the judge decide who is telling the truth. When the officer stopped you he didn't know you were a crossdresser. He stopped a vehicle he saw run a stop sign. Bringing up the crossdressing subject would probably backfire, depending on the judge and his/her attitude.

[TxKimberly]

Forget all about the "cross dresser" comment, but take it to court anyway. I was speaking with a man that used to a director in my company about his pretty little Porche. Somewhere along the lines the topic of traffic tickets came up and he told me that he had received about 6 tickets in it but had gotten out of each and every one simply by showing up in court. As others here have said, officers rarely actually show up to a court hearing for traffic tickets and the way I understand it, if he doesn't show up, the verdict is yours.
This is all second hand and not personal experience, but the guy I was talking to wasn't the type to make it up.
So - take it to court, because it wont make things any worse, and will quite possibly get you out of it entirely.
I'd be awful surprised if a judge wouldn't cut someone some slack who has a perfect record like yours, and bothered to take it to trial.

[weekend woman]

I don't know how it works in Tx. but here in NJ you can speak to the prosecutor before court and either work out a plea or possibly have the ticket dismissed. The prosecutor will then decline to prosecute and the Judge will dismiss the case.

[StarrOfDelite]

I think many of the posters have made important points. However, in response to Miss Cassie's defense of the officer in question, I feel impelled to make this point. Police are a Necessary Evil in society. On most occasions they are on the Necessary side of the equation, but sometimes they are on the Evil side of the equation. If all our criminal laws were just and fair, and if everyone obeyed all laws regarding legal behavior, there would be no need for any policemen or criminal court judges. Since, unfortunately, there are large numbers of individuals in society who choose not to obey and conform to such rules, a police presence is necessary to protect the law-obeyers from the law-breakers.

On the other hand, the failure to obey and conform to rules is also many times a failure of the individual police officer. Psychological profiling has shown that people who want to be police officers or prison guards look at life from a different, and much more judgmental and intolerant way than the ordinary person. The word 'bully' comes to mind. Whether the officer who gave you the ticket was motivated by anything other than a legitimate desire to enforce the traffic rules in force and effect at the time and place where and when you were cited is a matter for a judge to decide.

Unfortunately, this is another point where the system breaks down. Most judges do not give equal consideration to every case which comes before them, and routine traffic cases are probably somewhere at the bottom of their Attention Span list. They almost always side with the police officer who they presume has no personal stake in the outcome. When I was a young lawyer I often would go to small town courts in Ohio, and it was not uncommon to see a Judge drinking coffee and joking with the police officers and prosecutors before going into court to judge cases in which the police officers would be witnesses, and the prosecutors would be advocates.

I have no opinion on the merits of your suspicion that you were discriminated against because you were crossdressed at the time. My gut reaction, however, is that unless you can demonstrate that the officer's bias motivated the initial stop you have a difficult row to hoe.

[sami1952]

I recieve a ticket a few months back by a park ranger while in san antonio and i was treated very well by him, he gave me a break and lower my ticket to a parking ticket from a parking in the grass which would have been higher.I told i was just taking pictures and i showed him my D.L.and my TGid card and then he have a nice day.

[vivian fair]

I think we have allowed the laws of our land to be over written,and in many instances used against us, who do our best to be law-abideing. But I also noticed that the most important item here in this conversation is the lack of finances to discharge the cost accessed with-out hard ship. That being said it also shows me hiring a lawyer is an expense that can't be met. So taking those items into consideration I'd advise going to court, telling the court" I stopped " and hope for the best.