Department of Highway Safety & Motor Vehicles v. Frey

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…