5D06-4278 Dept. of Hwy v. Frey

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-4278

Case Date: 08/27/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. PEGGY S. FREY, Appellee. ________________________________/ Opinion filed August 31, 2007 Appeal from the Circuit Court for Citrus County, Patricia Thomas, Judge. Bill McCollum, Attorne y General, Tallahassee, and Gerald D. Siebens, Assistant Attorney General, Tampa, for Appellant. Peggy S. Frey, Homosassa, Pro Se. Case No. 5D06-4278

ORFINGER, J. The Department of Highway Safety and Motor Vehicles ("Department") appeals the trial court's denial of its request for a finding of probable cause as a prerequisite to seeking the forfeiture of Peggy Frey's car under the Florida Contraband Forfeiture Act. We affirm. Frey was arrested for driving under the influence of alcohol ("DUI") in violation of section 316.193, Florida Statutes (2006). Alleging that Frey had three or four prior DUI

convictions in New York, the Department initiated forfeiture proceedings against Frey's car pursuant to the Florida Contraband Forfeiture Act. The Act allows the government to seek the forfeiture of any personal property, including any motor vehicle, used in the commission of a felony.

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