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Foster v. Reed11/16/1999
APPEAL from the Superior Court of Riverside County. Gloria Connor Trask, Judge. Reversed.
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 se 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 plaintiff's driver's license, we reverse the trial court's grant of plaintiff's petition for writ of administrative mandate. In so holding, we need not address the DMV's second contention.
2. Factual and Procedural History
On October 4, 1997, Sergeant Knoteck observed plaintiff driving at excessive speeds (Veh. Code, § 22350 ) and failing to stop at a limit line (Veh. Code, § 22450, subd. (a)). After detaining plaintiff for these violations, Sergeant Knoteck discovered, and plaintiff admitted, he recently consumed alcohol. A preliminary alcohol screening test revealed a BAC of .132 percent on the first test and .141 percent on the second test. Following his arrest for driving under the influence (Veh. Code, § 23136, subd. (a)), plaintiff submitted to a chemical test by using a breath test machine. The chemical test revealed a BAC of .12 percent and .10 percent. Officer Penneau confiscated plaintiff's driver's license and issued an Under Age 21 Administrative Per Se Suspension/Revocation Order and Temporary Driver License.
Plaintiff requested, and the DMV held, an administrative per se hearing on January 27, 1998. At the hearing, plaintiff testified that on October 4th, he was at Jason Palmer's house, where an unknown guest threatened him with a knife or some kind of sharp object. When plaintiff attempted to leave the house, the unknown guest followed him outside. After a couple of the others present at the house calmed the unknown guest, they went back inside the house. Later, the unknown guest attacked plaintiff again, causing plaintiff to leave the house, get into his car, and drive away.
On January 28, 1998, the DMV issued a notice of findings and decision upholding the one-year suspension of plaintiff's driver's license. In response to plaintiff's request for a review of the DMV's decision, the DMV issued a notice of decision of departmental review upholding the suspension.
On February 27, 1998, plaintiff filed a petition for writ of administrative mandamus with a request for an immediate stay of the suspension. The court granted plaintiff's petition.
3. Discussion
The DMV argues the equitable defense of duress is inapplicable in an administrative per se hearing conducted to review the suspension of plaintiff's driver's license. Plaintiff, however, contends that equitable principles, including the duress defense, apply to all areas of the law. Based on our analysis below, we conclude that in the context of an administrative per se hearing, while equity may apply, defenses including duress do not.
On appellate review, the superior court's factual findings are upheld if supported by substantial evidence. (Santos
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