State ex rel. Bridges v. Henderson

CROW, Chief Judge.

Larry Henderson (“Henderson”) appeals from a judgment declaring his 1981 Buick automobile forfeited to the State. We reverse.

*573The petition, filed May 29, 1985, apparently undertook to invoke § 195.145, RSMo 1978, which provided,1 in pertinent part:

“1. Any vehicle ... which has been used, or is being used in violation of any provision of section 195.025, shall be forfeited to the state and any peace officer of the state, upon making or attempting to make an arrest for a violation of this law, shall seize any such vehicle.... The officer seizing the vehicle ... shall commence…