Foster

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 se [1] proceeding. Second, the DMV contends that, even if the defense applies in this non-criminal context, the trial court erred in finding the evidence sufficient to support all the elements of duress.

In concluding that duress defense does not apply in the administrative per se proceeding conducted to review the suspension of plaintiffs driver's license, we reverse the trial court's grant of plaintiffs petition for writ of administrative mandate. In so holding, we need not address the DMV's second contention.

On October 4, 1997, Sergeant Knoteck observed plaintiff driving at excessive speeds (Veh.Code, § 22350 [2] ) and failing to stop at a limit…