Defence dismissed on banned driving charge

A unique defence to driving while disqualified came to a screeching halt in front of a provincial court judge in Penticton.

According to a decision rendered Aug. 29 and posted online this month, Darryn Allen Nelson was caught by police on May 25, 2017, riding a motorcycle on Marron Valley Road.

He had been disqualified from driving under a section of the Criminal Code that pertains to any “street, road, highway or other public place.”

At trial earlier this year, however, Nelson’s lawyer, Michael Patterson, argued Marron Valley Road is actually a private road because it’s part of the Penticton Indian Reserve and owned by band member Enias Krueger.

Judge Greg Koturbash found it’s settled law that regardless of whether a road is on a reserve or not, such cases turn on whether or not the road in question is used by the public.

“In the case at hand, the evidence clearly establishes that both reserve and non-reserve residents use Marron Valley Road with some regularity,” wrote Koturbash.

“The road is maintained by Argo Road Maintenance, has the usual signage of public roads, and connects Highway 3A to Green Mountain Road.”

Nelson’s lawyer also argued in the alternative that if Marron Valley Road was indeed found to be public, that his client made an honest mistake in believing it was private and should therefore be exonerated. That defence was also swatted aside by the judge.

Koturbash is scheduled to sentence Nelson on Sept. 27.