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.