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I was summoned to court for a traffic stop for
speeding. He has my race as white Caucasian non-
Hispanic. I am Hispanic. He also went back to his
patrol car and called me a creep while writing his
ticket. I have the audio and video of this traffic stop is
how I know he did this. He also pulled over a black
lady doing 50 in a 35 and let her off with a warning. I
was charged with 74 in a 60. When he passed me
my firearm back he pointed the barrel right at my
face. Is there anything I can do about this?
Asked on October 9, 2018 under General Practice, Virginia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
"Creep" is not a racist term: it can be applied to anyone the speaker wants to insult or finds distasteful, regardless of race. That the black lady was let off with only a warning does not by itself show racism, since 1) he is caucasion, not black, so there is no reason to think he is more favorable to blacks than Hispanics; and 2) she was going 15 mph over the limit, but you were going faster yet--24 mph over. In your state, going 20 mph or more over the limit is a more serious offense than going 10 - 19 mph over the limit, so there is a non-discriminatory reason for the differential treatment. Nothing you wrote would be evidence or racism that might help you avoid the ticket and/or sue for compensation.