An application for an order to strike out a conviction involving a Nova Scotia man’s summary-offence ticket (SOT) has been dismissed by Nova Scotia Provincial Court — a ticket that is the result of what the judge called, in his decision, a “schmozzle.”
George William Benson was issued the ticket following a couple of speeding infractions and according to Judge Del W. Atwood, they “now run the risk of derailing a promising career in the military.”
Benson received two traffic tickets in January and April of 2016 which saw him fined and suspended for seven days, in both cases for speeding.
Court documents show a buildup of demerit points required him to take driver-improvement training and submit proof of completion by a specific date. A letter was also sent detailing these instructions.
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Licence suspended indefinitely
According to the decision released Wednesday, Benson “appears” to have not received the letter and continued to drive until he was stopped in January 2017. Because he didn’t attend the training, his licence was suspended indefinitely.
“For reasons that are not clear at all, Mr. Benson was somehow off the grid all this time, and none of this came to his attention,” Atwood writes.
When he was stopped, police ran Benson’s “master number” on the Registrar of Motor Vehicles system and found the suspension. A ticket was then issued for driving while suspended.
Surprised by the suspension, Benson contacted the RMV and was able to book another chance to complete training and completed it last month.
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But the payment of a fine as part of his enlistment into the Canadian military halted the entire process.
Part of the military’s induction process required proof he was licenced to drive and any fines or penalties owed had been settled. The military hopeful left this aspect to his mother to complete. When she attended Pictou Justice Centre this April to check on her son’s fines, she was informed his ticket for driving while suspended “remained in the system,” court documents say.
With two days until the payment deadline, Benson’s mother paid the fine and was told “this would not affect her son’s licence.”
‘Things didn’t turn out that way’
Atwood writes that “things didn’t quite turn out that way.” Payment of the fine was recorded by court staff and when the RMV was made aware of it, documents say the registrar treated the payment as a guilty plea. As a result, Benson’s licence was revoked.
“This revocation has thrown a big monkey wrench into the gears of military enlistment,” Atwood writes in his decision.
The eligibility for Benson’s military career has been deferred until he may get his licence back and charges cleared. The decision by Atwood is a result of Benson asking his finding of guilt for driving while suspended struck out.
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In his decision, Atwood says because Benson’s conviction was not a result of being unable to pay his fine, dispute his charge or appear at a hearing, or a conviction in default, the court does not have authority to strike out a conviction “in these circumstances.” However, the judge also says Benson’s case should still be heard but by a court “with jurisdiction to do it.”
‘Snowball’
Atwood added the ticketing officer should not have entered a settlement amount on the SOT ticket and administrative staff should not have processed the out-of-court payment.
“It will occur by times that minor transgressions of state regulation will snowball into something really big,” he writes.
As a last observation, Atwood says Benson’s counsel submitted an affidavit but that it “is not clear to me why” Benson did not submit his own.
“The content of the affidavit would go beyond what might be characterized as purely formal,” Atwood concludes.
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