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Name: People v. Canty
Case #: C039187
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/30/2002
Subsequent History: Rev. granted 10/16/02: S109537

The misdemeanor offense of driving under the influence of drugs renders one ineligible for treatment under Proposition 36, because it is an offense which does not involve the “simple possession or use of drugs.” It requires the additional element of impaired driving.