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Pot-smoking prohibited driver gets three months

Darryl Anderson will serve a 90 day intermittent jail sentence after entering guilty pleas to three charges of driving while prohibited and one charge of obstruction in Penticton court today, July 31, 2017.
July 31, 2017 - 5:43 PM

PENTICTON - A South Okanagan man’s failure to stay out of the driver’s seat will cost him a three-month intermittent jail sentence.

Darryl Joseph Anderson was given a 90-day intermittent jail sentence, to be served weekends, after entering guilty pleas to three counts of driving while prohibited and one count of willfully resisting a police officer in Penticton court this morning, July 31.

Crown Prosecutor Andrew Vandersluys told court Anderson was seen driving while prohibited on Aug. 18, 2016, while passing through the Tim Horton’s drive-through in Oliver.

The officer pulled Anderson over upon exiting the drive-through, and further investigation revealed Anderson was a prohibited driver, who wasn’t carrying identification.

Police also noticed the strong odour of marijuana in the vehicle.

On Oct. 22, 2016, Anderson was stopped at a police check in Vernon, where police again noticed the odour of marijuana in the vehicle.

Anderson claimed to have a valid driver’s license, but did not have it with him. He identified himself as Jamie Anderson, but a check of the vehicle’s plates revealed ownership to be Anderson’s. He was arrested for obstruction after continuing to insist he was Jamie Anderson.

A search of the vehicle then turned up Darryl Anderson’s passport, the photo of which matched the man police were dealing with.

Police detained Anderson once again on Dec. 21, 2016, when police pulled over the pickup truck he was driving after they ascertained it was registered to a female owner.

Anderson got out of the truck and began to walk away, but returned when asked by police.

Again, police detected the odour of marijuana, and once again, Anderson could not produce a valid driver’s license.

Further checks by police confirmed he was a prohibited driver.

Vandersluys noted Anderson’s five prior driving while prohibited convictions, calling his driving history “terrible.”

He asked Judge Gale Sinclair for $1,000 in fines and a three- to four-month jail term.

Defence lawyer Kathryn Lundman said her 36-year-old client recently suffered a back injury that required medical treatment. She accepted Crown’s submissions for monetary fines, but asked for a 90-day jail term that could be served on weekends to allow Anderson the opportunity to work and help look after his family.

Judge Sinclair agreed to a three-month term, to be served at Okanagan Correctional Centre.

Anderson will also be required to pay $1,000 in fines.

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