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FOSTER v. SNYDER

No. E023610.

90 Cal.Rptr.2d 207 (1999)

76 Cal.App.4th 264

David L. FOSTER, Jr., Plaintiff and Respondent, v. Ed SNYDER, as Acting Director, etc., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

November 16, 1999.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Martin H. Milas, Senior Assistant Attorney General, Sylvia M. Diaz, Supervising Deputy Attorney General, and Judith R. Seligman, Deputy Attorney General, for Defendant and Appellant.

Luis Michael Bustillos, Encinitas, for Plaintiff and Respondent.

OPINION

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...

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