Inquiry: Hi, I was charged with operate motor vehicle no insurance and produce false evidence, I was given a trial date which I missed so the courts still had a trial without me present . I was subsequently convicted, however I am appealing. I wanted to know, can i use racial profiling as an defense in traffic court? and any charter arguments? particular section 8 and 9 in traffic court? the officer had mentioned my race and gender then he made a u-turn to engage in enforcement.
Response: If the officer is simply describing your appearance in his notes to solidify identification, then almost certainly not. The two charges are very serious charges given the serious penalties that can be issued by the court. The time to have sought out legal representation would have best been immediately after the charges had been issued to you. Having since been convicted, without a solid legal argument upon which to argue your appeal, you may well end up liable for the convictions and penalties assessed against you when you did not attend your trial date.
Sincerely,
Greg Currie
Office Manager (London)