Edibles Eater Enters Confused Guilty Plea
It was a case of first not being able to enter a guilty plea and then finally after a confusing five minutes of Court time being able to do so.
Appearing by telephone Morgan Faith Maier of Briercrest, who was acting on her own behalf, told court she wanted to plead guilty to two of the three charges she was facing.
She was charged with impaired driving and refusing to provide a sample for an April 24, 2021 incident plus additionally failing to appear in court on May 10, 2021.
Maier initially told court she has never been in this situation before but was willing to plead guilty to refusing to provide a sample and missing court if the Crown withdrew the impaired driving charge.
Judge Daryl Rayner then said, since Maier was not represented by legal counsel, there were many steps he needed to go through to explain the consequences of her decision to plead guilty and the Court's acceptance of the guilty plea.
Maier said she was willing to plead guilty to refusing to provide a sample if the impaired charge was withdrawn.
It was something which saw Crown Prosecutor Rob Parker, who appeared in Court via video link, literally raise an eyebrow to.
“The consequences are less severe to her if she is (convicted of) impaired by drug and not the refusal,” Parker said.
It was something Judge Rayner repeated to Maier.
After more conversation where the accused was admittedly confused an attempt was made to plead guilty to impaired driving.
But the attempt to plead guilty was scuttled by Maier herself.
“I wasn't impaired…I really wasn't impaired,” she said. She went on to state she had consumed the edible the day before so she could not be impaired.
“If you say you are not impaired I cannot accept a guilty plea for that…we cannot wrap it up for convenience,” Judge Rayner said.
Maier then told court she was unaware of being charged with anything.
“I literally did not know I was charged with anything,” Maier said.
At this point Judge Rayner said he would enter a not guilty plea and move the case to case management where Maier, the Crown and a judge would sit down to work the case out.
“Based upon what I have heard it is the appropriate (way to proceed),” Parker said.
Judge Rayner then told the seemingly confused Maier “ I cannot accept a guilty plea (when you are telling me you were not impaired).”
At this point Maier said she now understood the consequences of her plea and was prepared to accept responsibility for her actions but explained further her confusion.
“I took the (edibles) the day prior and I did not know (I was impaired,” Maier said.
“I agree I have to accept what the consequences are and accepted full responsibility,” Maier said.
At this point Judge Rainer said he could now accept the guilty plea.
The court then heard the circumstances of a 4 am traffic stop and field sobriety test she failed in front of a properly trained police officer for drug intoxication.
“I didn’t have anything to drink but I consumed cannabis edibles,” Maier admitted.
Judge Rayner then passed sentence of a minimum $1,000 fine and one year Canada wide driving prohibition plus a $100 fine for missing court. He waived the $330 victim surcharge due to Maier's financial situation. Giving her until June 30th to pay her fines.
The refusal to provide a urine sample was stayed by the Crown.