Foster v. Snyder

*266Opinion

GAUT, J.—

1. Introduction

The Department of Motor Vehicles (DMV) appeals the Riverside County Superior Court’s judgment granting a petition for writ of administrative mandate in favor of plaintiff, David L. Foster, Jr. The judgment prohibited the DMV from suspending the driver’s license of plaintiff, who was under the age of 21 with a blood-alcohol concentration (BAC) in excess of 0.01 percent when he drove an automobile. On appeal, the DMV first contends the trial court erroneously found the defense of duress applicable to an administrative per se1 proceeding. Second, the DMV contends…