Nearest point of relief

Question
Situation:
The ball landed about 20 yards off the green, and lies near the stone wall (immovable obstruction) and there is a cart path along it. The width of rough between the wall and the card path is about 4, 5 feet.

Questions:
Can the player place the ball completely away from the wall/card path (but not nearer the hole) claiming that he could use the driver in which case his swing would be interfered by the wall.     
Is he correct, considering the following note from USPGA?

It seems difficult to argue against him that if he says he usually use the driver in this situation.

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Note: In order to determine the nearest point of relief accurately, the player should use the club with which he would have made his next stroke if the condition were not there to simulate the address position, direction of play and swing for such a stroke.
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Answer
Definition: Definitions from the Official Rules of Golf appear courtesy of the USGA.
Nearest Point of Relief: The "nearest point of relief" is the reference point for taking relief without penalty from interference by an immovable obstruction (Rule 24-2), an abnormal ground condition (Rule 25-1) or a wrong putting green (Rule 25-3).

It is the point on the course nearest to where the ball lies:
 (i) that is not nearer the hole, and
 (ii) where, if the ball were so positioned, no interference by the condition from which relief is sought would exist for the stroke the player would have made from the original position if the condition were not there.

The "Note" you mentioned is correct.  
Since the golf game introduce the spirit of integrity and respect, you can tell what the next club he will use after he finds the nearest point: Driver or pitch wedge?

Hope this helps to continue the game with fun and respect.