Department of Highway Safety & Motor Vehicles v. Megan-Neave

The Department of Highway Safety and Motor Vehicles (“department”) appeals the trial court’s order granting Dawna Megan-Neave’s motion for summary judgment, thus revoking the seizure of Neave’s motorcycle pursuant to the Florida Contraband and Forfeiture Act (“Forfeiture Act”).1 We reverse.

Neave was the passenger and Raymond E. Potter was the driver of a motorcycle owned by Neave that was stopped for traveling in excess of the speed limit. Because Potter had blood-shot eyes and smelled as if he had been drinking alcohol, the officer conducted a field sobriety test, which indicated that Potter…