In appellants trial for offenses arising from a fatal automobile accident, the court did not err when it admitted into evidence records and testimony concerning appellants prior participation in a drinking driver program. The trial court correctly determined that the records were not subject to Health and Safety Code section 11977. The Legislature intended to treat drug abuse programs and DUI programs separately. Nor did the trial court err by failing to seal the subpoena duces tecum proceedings and identifying appellant by his full name. There is no authority for the proposition that exclusion of the records was necessary for violations of the regulations which require use of a fictitious name.
Case Summaries