State v. Peloquin

In these consolidated cases, the state seeks review of the county courts’ nonfinal orders which declare unconstitutional section 316.193(6)(d), Florida Statutes (1993) (the DUI vehicle impoundment law). The state charged the defendants with DUI, and after pretrial hearings, the county courts found section 316.193(6)(d) unconstitutional. The record reveals that the substantive charges remain dormant.

Pursuant to section 316.193(6)(d), the issue of vehicle impoundment does not arise until after conviction, and as in the case at hand, a pretrial order declaring a statute or ordinance…