Benner

Appellant Melanie Marie Benner was convicted of driving under the influence of methamphetamine, as well as being under the influence of, and possessing, that drug. She contends there is insufficient evidence to support her driving conviction and the court committed several errors in sentencing her to probation. We agree appellant’s sentence must be modified in some respects, but otherwise affirm the judgment.

FACTS

One night, Costa Mesa Police Officer Brian Hernandez saw appellant driving a pickup truck with expired registration tags. He activated his overhead lights to initiate a traffic stop, but instead of pulling over to the curb, appellant got into the left lane and turned into the parking lot of a fast-food restaurant. She then tossed a small, paper bindle out her window before coming to a stop.

Hernandez pulled up behind her and retrieved the bindle, which contained 100 milligrams of methamphetamine. He had appellant step out of her vehicle, handcuffed her, and placed her in his patrol car. Appellant was agitated, fidgety and very talkative. She was also sweating profusely, even though the patrol car was air-conditioned. When drug recognition expert Allen…