Plea Bargain and Penalty Points

Alexander Holliday was issued a traffic ticket for not having a valid driver's licence and failing to display a new driver sign. The ticketed amounts would be $276 and $109 respectively along with 3 penalty points for the no driver's licence infraction. Mr. Holliday disputed the ticket.

The Plea Bargain

Prior to the traffic court hearing Mr. Holliday had a discussion with Sgt. Arbulic who had issued the ticket. A plea bargain was decided between them where Mr. Holliday would plead guilty to not having a valid driver's licence and Sgt. Arbulic would withdraw the second count for not displaying a new driver sign.

Notice of Intention to Prohibit

Shortly after this Mr. Holliday received a Notice of Intention to Prohibit from the Superintendent of Motor Vehicles due to his unsatisfactory driving record. The 3 points from this ticket along with those already on his driving record were enough to trigger the prohibition.

The Consequences of Penalty Points

Mr. Holliday applied to the Supreme Court to have his guilty plea set aside because his plea discussion with Sgt. Arbulic did not properly inform him of the consequences of the penalty points. Had he known how it would affect him, he would not have pled guilty.

Justice Shergill observed that in order for a guilty plea to be validated it must be informed, voluntary, and unequivocal. A plea will be informed where the accused is aware of the nature of the allegations, the effect of their plea, and the consequences of entering into it.

In this case, Sgt. Arbulic had advised Mr. Holliday that he would not receive penalty points, which was not true.

Back to Traffic Court for Trial

The appeal was allowed and the conviction set aside. Both counts on the original ticket were reinstated and the matter was returned to the provincial court for a new trial.

Learn More

• Read the Reasons for Judgment - R v Holliday
• Read the Reasons for Judgment - R v Aghaamouy 

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