2017 Harvest

2017 Harvest

Monday, December 16, 2013

"Playing in the mud"

Here are the opening paragraphs from a recent Saskatchewan Provincial Court decision about off-road recreation in farm country:

A favourite pastime for many people living in rural, northern Saskatchewan is off-roading or “playing in the mud” as the accused [...] likes to call it. That is, at least until he found himself stuck in the mud and charged with impaired driving, over .08 and resisting a peace officer on May 20, 2012.

The accused had been out “playing in the mud” with his buddies on a neighbour’s back forty the afternoon of May 20, 2012. This was a common form of recreation and sporting event for them. He had specifically purchased his Ford F-250 3/4 ton truck for this purpose. He had the truck lifted and placed large mud tires on it. The object of the game was to see how far out in the mud and bush they could take their trucks and get back out without getting stuck. The accused acknowledged that he faired quite poorly that day.

He had consumed two or three beers that afternoon while out 4x4ing with his friends. He then went for supper with a friend and after supper, drove to Smeaton, Saskatchewan for a house party. The accused did not like driving his 4x4 truck with its larger, more aggressive and expensive tires on the pavement as it tends to shred them. So, along the way he drove in and out of ditches alongside the road and into farmers' fields tearing around a little bit, until he eventually ventured into one ditch too deep and ended up getting stuck in the mud and water around 8:00 p.m. that evening.

In the end, the accused was found not guilty of impaired operation of a motor vehicle and of operating a motor vehicle while over .08 blood alcohol.  He was found guilty of resisting arrest.

Read the decision at: R v Brown.