People v. Vente

Defendant was convicted, after bench trial, of driving while controlled substance present in her urine. Evidence at trial established that Defendant had morphine and codeine in her urine sample, and presence of both was consistent with use of prescription cough medicine; and that her prescription was valid and she had taken medication per prescribed dosage. Thus, presence of controlled substances was not result of "unlawful use or consumption." (LYTTON and McDADE, concurring.)