An Unnecessary Comment?

[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.

[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.

[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.