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GILBERT v. MUNICIPAL COURT

Docket No. 17651.

73 Cal.App.3d 723 (1977)

140 Cal. Rptr. 897

DAVID ROBERT GILBERT, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE NORTH ORANGE COUNTY JUDICIAL DISTRICT OF ORANGE COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Fourth District, Division Two.

September 27, 1977.

Attorney(s) appearing for the Case

COUNSEL

Frank L. Williams, Jr., Public Defender, and Larry B. Bruce, Deputy Public Defender, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, Oretta D. Sears and V. Clifford Harris, Deputy District Attorneys, for Real Party in Interest and Respondent.

OPINION

THE COURT.

In this case we hold that Vehicle Code section 23105 (driving under the influence of a drug) is not a special statute which supplants and precludes the provisions of Health & Safety Code section 11550 (use and being under the influence of a controlled substance or a narcotics drug). Additionally, we discuss the disturbing trend of the use of extraordinary writs to circumvent the usual appeal process from municipal...

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