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Name: Trumble v. Superior Court
Case #: D039990
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/22/2002
Subsequent History: Rev. granted 1/29/03
Summary

Appellant Trumble was arrested for driving under the influence and possession of controlled substances. On appeal, she challenged the trial court’s finding that the driving under the influence charge rendered her ineligible to participate in treatment under Proposition 36. The appellate court affirmed. The misdemeanor offense of driving under the influence of drugs involves more than the “simple possession or use of drugs” as defined by Penal Code section 1210.1, subdivision (b)(4). A contrary interpretation would be inconsistent with expressed intent of Prop 36 that it was strictly limited and affected only simple drug possession. Therefore, driving under the influence is a misdemeanor not related to use of drugs within the meaning of section 1210, subdivision (b)(2), and appellant was not eligible for drug treatment under that section.