Judge rules admitting to smoking pot not enough evidence to convict

Published On: Tuesday November 6, 2012 11:45 AM
By: Sarah Weiss

Woman smoking pot

A judge in Canada issued a bizarre ruling this week declaring that a confession to smoking pot is not enough evidence to convict.

A pot-smoking Canadian motorist was acquitted of drugged driving by a judge who said there was not sufficient evidence that she actually could not drive, according to reports in the Canadian news media.

The woman, whose name was not reported, was arrested in a traffic stop in Saskatoon last year even though she had been driving properly. She was undone by the smell of marijuana when rolling down her window.

She failed the roadside sobriety test administered by the arresting officer by not touching her nose

five times, but said she was cooperative, coherent and able to walk without weaving. The defendant admitted in court that she smoked pot right before getting into her vehicle.
"I would have liked a bit of evidence of how these findings related to the defendant’s ability to drive a motor vehicle," the judge demanded.

The Canadian news media reported that prosecutors were considering an appeal.
This is the first time a defendant is being acquitted even after admitting to the crime.