Brown

This appeal presents a single issue of law, an issue of first impression: in a Department of Motor Vehicles (DMV) administrative per se hearing, can a driver facing license suspension following arrest for driving under the influence seek discovery of confidential peace officer personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ] (Pitchess) and its statutory codifications? The superior court concluded the driver could, and issued a writ of mandate directing the administrative hearing officer to hear Andrew Reynard Brown’s motion. We reverse, concluding that the Pitchess procedure has no place in a DMV administrative per se hearing, a conclusion compelled by the statutory scheme, its legislative history—indeed, by the very purpose of the administrative per se hearing.

APPLICABLE STATUTORY SCHEMES

At the center of this appeal are two statutory schemes: the DMV administrative per se law (Veh. Code, § 13350 et seq.) and what has become known as Pitchess discovery (Evid. Code, §§ 1043, 1045; Pen. Code, §§ 832.7, 832.8). Before setting forth the factual background giving rise to the controversy, we summarize these…