Legal Question in Traffic Law in Texas

My question is in regard to a traffic citation I received today from an officer who has stopped me four times over the past year for not having a front license plate on my car. He is the only officer that has stopped me for this violation and each time he pretends he did not realize he was stopping the same person. I am a black female who drives a FX 35 Infiniti and I live in a small town. In fact, I am the only black lady in town who drives this model car. Since the first time the officer stopped me, I have noticed how many people in our town do not have front license plates. On any given day within a 30 minute period, it is easy to spot at least 20-30 cars that also do not have a front license plate. My son and I counted 6 cars that drove by without a front plate while the officer was giving me the citation. I am positive that he is harassing me but I don't know how to find out if he is giving other drivers the same type of citation. If so, I will be glad to drop the issue. I do not believe this is the case since I haven't seen vehicle after vehicle being pulled over without a plate. I don't have a problem with paying the fine, but I do have a problem if he has chosen to single me out because of the type of car I drive or the color of my skin and has not issued other citations for the same offense. This is a small town and has the usual prejudices that come along with small town life. Please respond to my issue by providing your thoughts on this issue and information on what I should do to investigate in more detail. Thank you for your time.


Asked on 7/29/10, 10:25 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Yes, the officer is probably "profiling" you because of your race. No, you probably can't prove it (he would, of course, deny it).

You need to go to your County tax assessor's office and ask about getting a front license plate.

In the meantime, you might do this: Next time you go to the local supermarket, bring a legal pad with you. Spend a few minutes walking through the parking lot jotting down the license plates of cars that don't have front license plates. Make a note of the DATE. Keep the list handy.

The next time you get a ticket, fight it - ask for a trial - ask for a JURY trial. Show the jury your list. Offer it into evidence (this might not be successful, but you don't get slapped for asking). Tell the jury that it must not be such a big crime, since there's no enforcement for THESE vehicles.

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Answered on 8/04/10, 6:46 am


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